Appears in 9 contracts

Samples: Sale and Servicing Agreement (Cwabs Inc), Sale and Servicing Agreement (Cwabs Inc), Sale and Servicing Agreement (Cwabs Inc)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans in each Loan Group by the Determination Date for the related Collection Period; (ii) the aggregate amount of (a) Interest Collections for each Loan Group for the related Collection Period and (b) Principal Collections for each Loan Group for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for each Loan Group for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for each Loan Group for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for each Loan Group for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for ~~the~~ each Class of Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the ~~Noteholders~~ Holders of each Class of Notes because of insufficient Investor Interest ~~Collections~~Collections for the related Loan Group; (viii) the Unpaid Investor Interest Shortfall for each Class of Notes and the amount of interest on the shortfall at the applicable Note Rate for each Class of Notes applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall for each Class of Notes after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward for each Class of Notes in the distribution; (xi) the amount of the remaining Basis Risk Carryforward for each Class of Notes after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section ~~8.03(a)(vi~~8.03(a)(vii) of the ~~Indenture~~Indenture for each Loan Group; (xiii) the Scheduled Principal Collections Payment ~~Amount~~Amount for each Loan Group, separately stating its components; (xiv) the amount of any Transfer Deposit Amount for each Loan Group paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued Servicing Fees for the Mortgage Loans in each Loan Group for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the Investor Loss Amount for each Loan Group for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of ~~the~~ each Class of Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans in each Loan Group as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance for each Class of Notes and loan factor after giving effect to the distribution on each Class of Notes on the related Payment Date and to any reduction because of the related Investor Loss Amount; (xxi) the Transferor ~~Principal Balance~~ Interest and the Available Transferor Subordinated Amount for each Loan Group after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans in each Loan Group during the previous Collection Period; (xxiii) for each Loan Group, the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v~~8.03(a)(vi) and Section ~~8.03(a)(vii~~8.03(a)(ix) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for each Class of Notes for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for each Class of Notes for the related Payment Date; (xxix) the amount to be distributed on the Mortgage Loans in each Loan Group to the Transferor pursuant to Section ~~8.03(a)(x~~8.03(a)(xii) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section ~~8.03(a)(viii~~8.03(a)(x) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage ~~Loans~~Loans in each Loan Group; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding on the Mortgage Loans in each Loan Group as of the close of business on the related Payment Date; (xxxiii) the ~~related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the~~ number and principal balances of any Mortgage Loans in each Loan Group transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (~~xxxvii~~xxxiv) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for each Loan Group for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the Owner Trustee shall conclusively rely ~~upon~~ on the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-J), Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-O), Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-N)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans in each Loan Group by the Determination Date for the related Collection Period; (ii) the aggregate amount of (a) Interest Collections for each Loan Group for the related Collection Period and (b) Principal Collections for each Loan Group for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for each Loan Group for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for each Loan Group for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for each Loan Group for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for ~~the~~ each Class of Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the ~~Noteholders~~ Holders of each Class of Notes because of insufficient Investor Interest ~~Collections~~Collections for the related Loan Group; (viii) the Unpaid Investor Interest Shortfall for each Class of Notes and the amount of interest on the shortfall at the applicable Note Rate for each Class of Notes applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall for each Class of Notes after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward for each Class of Notes in the distribution; (xi) the amount of the remaining Basis Risk Carryforward for each Class of Notes after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section ~~8.03(a)(vi~~8.03(a)(vii) of the ~~Indenture~~Indenture for each Loan Group; (xiii) the Scheduled Principal Collections Payment ~~Amount~~Amount for each Loan Group, separately stating its components; (xiv) the amount of any Transfer Deposit Amount for each Loan Group paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued Servicing Fees for the Mortgage Loans in each Loan Group for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the Investor Loss Amount for each Loan Group for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of ~~the~~ each Class of Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans in each Loan Group as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance for each Class of Notes and loan factor after giving effect to the distribution on each Class of Notes on the related Payment Date and to any reduction because of the related Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount for each Loan Group after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans in each Loan Group during the previous Collection Period; (xxiii) for each Loan Group, the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v~~8.03(a)(vi) and Section ~~8.03(a)(vii~~8.03(a)(ix) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for each Class of Notes for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for each Class of Notes for the related Payment Date; (xxix) the amount to be distributed on the Mortgage Loans in each Loan Group to the Transferor pursuant to Section ~~8.03(a)(x~~8.03(a)(xii) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section ~~8.03(a)(viii~~8.03(a)(x) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage ~~Loans~~Loans in each Loan Group; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding on the Mortgage Loans in each Loan Group as of the close of business on the related Payment Date; (xxxiii) the ~~related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the~~ number and principal balances of any Mortgage Loans in each Loan Group transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (~~xxxvii~~xxxiv) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for each Loan Group for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the Owner Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-E), Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-D), Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-G)

Servicing Certificate. Not later than ~~each Determination~~ seven (7) Business Days prior to the Payment Date, the ~~Master~~ Servicer shall deliver ~~(a)~~ to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the ~~Master~~ Servicer), together with an Officer's ’s Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans by on or prior to the Determination Date ~~for the related~~ in respect of such Collection Period; (ii) the aggregate amount of (a) Interest Collections and (b) Principal Collections for ~~the related~~ such Collection Period; (iii) the ~~Investor Floating Allocation Percentage and~~ Principal Collections for such Payment Date, separately stating the ~~Investor Fixed Allocation Percentage for the related Collection Period~~components thereof; (iv) the Investor Interest Collections and Investor Principal Collections for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued and unpaid Servicing Fees ~~for the Mortgage Loans~~ for previous Collection Periods and the Servicing Fee for ~~the related~~ such Collection Period; (~~xvi~~v) the Investor Loss Amount for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Pool Balance ~~of the Mortgage Loans~~ as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxiivi) the aggregate amount of Additional Balances created ~~on the Mortgage Loans~~ during the previous Collection Period; (~~xxiii~~vii) the number and aggregate ~~Asset~~ Principal Balances of Mortgage Loans (xA) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days, 150-179 days and 90 180 or more ~~days,~~ days respectively and (yB) that have become REO, in each case as of the end of the preceding Collection Period; ; (~~xxiv~~C) ~~whether a Rapid Amortization Event has occurred since the prior Determination Date~~as to which foreclosure proceedings have been commenced, ~~specifying the Rapid Amortization Event if one has occurred;~~ and (~~xxv~~D) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) in bankruptcy and ~~Section 8.03(a)(vii)~~ delinquent as of the ~~Indenture, stated separately; (xxvii)~~ close of business on the ~~Guaranteed Principal Payment Amount for~~ last day of the ~~Payment~~ calendar month preceding such Distribution Date; (~~xxviii~~viii) the ~~Credit Enhancement Draw Amount for~~ book value of any real estate which is acquired by the ~~related Payment Date~~Trust through foreclosure or grant of deed in lieu of foreclosure; (~~xxix~~ix) the amount ~~to be distributed to~~ of any servicing advances made by the ~~Transferor pursuant to Section 8.03(a)(x) of~~ Servicer during the ~~Indenture~~related Collection Period; (~~xxx~~x) the amount, if any, of interest shortfalls relating to prepayments during the related Collection Period; (xi) the amount, if any, of any Relief Act Shortfalls incurred during the related Collection Period; (xii) the amount to be paid to the ~~Master~~ Servicer pursuant to Section ~~8.03(a)(viii~~8.7(b)(xi) of the Indenture;; and (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxivxiii) the number and ~~principal balances~~ Principal Balances of any Mortgage Loans ~~transferred to~~ purchased by the ~~Transferor~~ Sellers from the Trust pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture ~~Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03~~ 8.7 of the Indenture ~~or distributions on~~ and in preparing the ~~Transferor Certificates~~statements required by Section 8.8 of the Indenture, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the ~~Master~~ Servicer, the Indenture Trustee and the ~~Credit Enhancer~~Insurer. The ~~Master~~ Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (GreenPoint Home Equity Loan Trust 2004-3), Sale and Servicing Agreement (Greenpoint Mortgage Securities LLC), Sale and Servicing Agreement (GreenPoint Home Equity Loan Trust 2004-4)

Servicing Certificate. Not later than each Determination Date, the ~~Master~~ Servicer shall deliver ~~(a)~~ to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the DepositorAdministrator, the Paying ~~Agent~~Agent [, the ~~Credit Enhancer,~~ Certificate Insurer] and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture Trustee~~ Administrator and the ~~Master~~ Servicer), together with an Officer's ’s Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, ~~Payment~~ Distribution Date, the series number of the ~~Notes~~Certificates, the date of this Agreement, and: (i) the ~~aggregate~~ Available Distribution Amount for such Distribution Date, separately stating the amount of ~~collections received on the Mortgage Loans by the Determination Date for the related Collection Period~~Interest Collections and Principal Collections; (ii) the ~~aggregate~~ amount of ~~(a) Interest Collections~~ the payments due to Holders of the each Class of Certificates for such Distribution Date, separately stating the portions thereof allocable to interest and ~~(b) Principal Collections for the related Collection Period~~allocable to principal; (iii) the ~~Investor Floating Allocation Percentage~~ amount of any Interest Carry Forward Amount and Supplemental Interest Amount for each Class of Certificates paid on such Distribution Date and the ~~Investor Fixed Allocation Percentage~~ amount of any Interest Carry Forward Amount or Supplemental Interest Amount for each Class of Certificates remaining after giving effect to the ~~related Collection Period~~payments on such Distribution Date; (iv) the ~~Investor Interest Collections and Investor~~ amount of any Additional Principal ~~Collections~~ Distribution Amount for such Distribution Date, including the ~~related Collection Period~~amounts payable in respect thereof to each Class of Class [A] Certificates on such Distribution Date; (v) the ~~Interest Collections that are not Investor Interest Collections and Transferor~~ amount of any Extra Principal ~~Collections~~ Distribution Amount for such Distribution Date, including the ~~related Collection Period~~amounts payable in respect thereof to each Class of Class [A] Certificates on such Distribution Date; (vi) the ~~Note Interest and~~ Principal Distribution Amount for such Distribution Date, separately stating the ~~applicable Note Rate for~~ components thereof, including in each case the ~~Notes for the related Interest Period~~amounts payable in respect thereof to each Class of Class [A] Certificates on such Distribution Date; (vii) the ~~amount~~ Certificate Principal Balance of each Class of Class [A] Certificates, the Pool Balance as reported in the prior Monthly Report or, in the case of the ~~Note Interest that is not payable to~~ first Determination Date, the ~~Noteholders because~~ Original Class Certificate Principal Balance for each Class of ~~insufficient Investor Interest Collections~~Class [A] Certificates and the Cut-Off Date Pool Balance; (viii) the ~~Unpaid Investor Interest Shortfall and~~ Certificate Principal Balance of each Class of Class [A] Certificates after giving effect to the ~~amount of interest~~ distribution on ~~the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment~~ such Distribution Date; (ix) the ~~remaining Unpaid Investor Interest Shortfall after~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~distribution on~~ Depositor or the Servicer with respect to the related ~~Payment Date~~Collection Period pursuant to Section 2.02; (x) the ~~amount~~ number and aggregate Principal Balance of any ~~Basis Risk Carryforward in~~ Home Equity Loan purchased or substituted by the ~~distribution~~Depositor or the Servicer with respect to the related Collection Period pursuant to Section 2.04; (xi) the ~~amount~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~remaining Basis Risk Carryforward after giving effect~~ Depositor or the Servicer with respect to the related ~~distribution~~Collection Period pursuant to Section 3.01; (xii) the ~~Accelerated~~ number and aggregate Principal ~~Payment Amount and~~ Balance of any Home Equity Loan that the ~~portion~~ Servicer has consented to the placement of ~~it that will be distributed~~ a senior lien during the related Collection Period pursuant to Section ~~8.03(a)(vi) of the Indenture~~3.01(a); (xiii) the ~~Scheduled Principal Collections Payment Amount, separately stating its components~~amount of any Substitution Adjustment Amounts for such Distribution Date; (xiv) the ~~amount~~ amount, if any, to be distributed to the Holders of ~~any Transfer Deposit Amount paid by~~ the ~~Sponsor or the Depositor pursuant to Section 2.02 or 2.04~~Class R Certificates on such Distribution Date; (xv) ~~any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and~~ the Servicing Fee for ~~the related~~ such Collection ~~Period~~Period and any accrued amounts thereof that remain unpaid for previous Collection Periods; (xvi) the ~~Investor Loss Amount for~~ amount of all payments or reimbursements to the Servicer pursuant to the terms hereof during the related Collection Period, excluding earnings on investments; (xvii) the ~~aggregate amount of Investor Loss Reduction Amounts~~ Overcollateralization Amount, the Interim Overcollateralization Amount, the Interim Overcollateralization Deficiency, the Overcollateralization Release Amount, the Targeted Overcollateralization Amount and the Monthly Excess Cashflow for ~~previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture~~such Distribution Date; (xviii) the ~~aggregate Asset Balance~~ number of Home Equity Loans outstanding at the ~~Mortgage Loans as of the~~ beginning and end of ~~the preceding Collection Period and as of the end of the second preceding~~ such Collection Period; (xix) ~~[Deleted]~~the Pool Balance as of the end of such Collection Period; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate ~~Asset~~ Principal Balances of ~~Mortgage~~ Home Equity Loans (x) as to which the ~~Minimum Monthly Payment~~ scheduled monthly payment is contractually delinquent for 30-59 days, 60-89 ~~days,~~ days and 90 or more days, respectively and (y) that have become REO, in each case as of the end of ~~the preceding~~ such Collection Period; (xxi) the Cumulative Realized Losses on the Home Equity Loans as of the end of the related Collection Period; (xxii) the Two Payment-Plus Delinquency Percentage for the related Collection Period; (xxiii) the Two Payment-Plus Rolling Average for such Distribution Date; (xxiv) whether a ~~Rapid Amortization~~ Servicer Termination Event has occurred since the prior Determination Date, specifying ~~the Rapid Amortization~~ each Servicer Termination Event if one has occurred; (xxv) whether an Event of ~~Servicing Termination~~ Default has occurred ~~since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred~~and is continuing; (xxvi) the ~~amount to be distributed to~~ Formula Rate for each Class of Class [A] Certificates for such Distribution Date and the ~~Credit Enhancer pursuant to Section 8.03(a)(v)~~ Pass-Through Rate for each Class of Class [A] and ~~Section 8.03(a)(vii) of the Indenture, stated separately~~Class [IO] Certificates for such Distribution Date; (xxvii) the ~~Guaranteed Principal Payment Amount~~ amount of any Skip-A-Pay Advances for the ~~Payment Date~~related Collection Period; (xxviii) the ~~Credit Enhancement Draw~~ Skip-A-Pay Reimbursement Amount for ~~the related Payment~~ such Distribution Date; (xxix) the ~~amount to be distributed to~~ Cumulative Loss Percentage for the ~~Transferor pursuant to Section 8.03(a)(x) of the Indenture~~related Collection Period; (xxx) ~~the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture~~whether a Trigger Event has occurred or is continuing; (xxxi) [the ~~Maximum Rate~~ Premium Amount for such Distribution Date and any Reimbursement Amount paid to the ~~related Collection Period and the Weighted Average Net Loan Rate~~ Certificate Insurer for ~~the Mortgage Loans~~such Distribution Date;] (xxxii) [the ~~expected~~ amount of any ~~optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution~~ draw on the ~~related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment~~ Certificate Insurance Policy for such Distribution Date;] and (xxxiii) such other information as is required by the ~~related Available Subordinated Transferor Amount after giving effect to the distribution~~ Code and regulations thereunder to be made ~~on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred~~ available to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days Holders of the ~~Closing Date~~Class [A] and Class [IO] Certificates. The ~~Indenture Trustee and the Owner Trustee~~ Administrator shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~5.01, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the ~~Master Servicer, the Indenture Trustee~~ Servicer and the ~~Credit Enhancer~~Administrator or as may be required by the rules and regulations of the Securities and Exchange Commission. The ~~Master~~ Servicer shall give notice of any ~~changes~~ such change to the Rating ~~Agencies~~Agencies [and the Certificate Insurer].

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (HSBC Home Equity Loan Corp I), Pooling and Servicing Agreement (HSBC Home Equity Loan Corp I)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans by the Determination Date for the related Collection Period; (ii) the aggregate amount of (a) Interest Collections and (b) Principal Collections for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the Investor Loss Amount for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the ~~Cut-off Date~~ Initial and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the ~~Rolling Six Month Delinquency Rate, the~~ Spread ~~Rate, the Excess Spread Percentage,~~ Rate and the ~~Rolling Three Month~~ Excess Spread Percentage for the Payment Date~~; and~~; (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date or Subsequent Closing Date, as applicable; (xxxviii) in the Servicing Certificate for the first Payment Date, the aggregate Cut-off Asset Balance of Additional Home Equity Loans acquired by the Trust; (xxxix) the number and aggregate Asset Balances of Mortgage Loans as to which the Minimum Monthly Payment is delinquent for 180 or more days; (xl) the number and aggregate Asset Balances of Mortgage Loans that are in foreclosure; and (xli) the sum of the Asset Balances for the three largest outstanding Mortgage Loans. The Indenture Trustee and the Owner Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Cwabs Inc), Sale and Servicing Agreement (Cwabs Inc)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the ~~Indenture~~ Trustee, the ~~data necessary~~ Statement to ~~prepare the items below and the statement for Noteholders~~ Certificateholders required to be prepared pursuant to Section ~~4.04~~ 5.03 and (b) to the ~~Indenture~~ Trustee, the ~~Owner Trustee, the Sponsor~~Seller, the Depositor, the Paying Agent, the Credit ~~Enhancer,~~ Enhancer and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture~~ Trustee and the Master Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, ~~Payment~~ Distribution Date, the series number of the ~~Notes~~Certificates, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans by on or prior to the Determination Date ~~for the related~~ in respect of such Collection Period; (ii) the aggregate amount of (a) Interest Collections and (b) Principal Collections for ~~the related~~ such Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for ~~the related~~ such Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for ~~the related~~ such Collection Period; (v) the ~~Interest Collections that are not Investor~~ Transferor Interest Collections and Transferor Principal Collections for ~~the related~~ such Collection Period; (vi) ~~the Note~~ Investor Certificate Interest and the ~~applicable Note~~ Investor Certificate Rate ~~for the Notes~~ for the related Interest Period; (vii) the ~~amount~~ amount, if any, of ~~the Note~~ such Investor Certificate Interest that is not payable ~~to the Noteholders because~~ on account of insufficient Investor Interest Collections; (viii) the portion of the Unpaid Investor Certificate Interest ~~Shortfall and~~ Shortfall, if any, the amount of interest on ~~the~~ such shortfall at the ~~applicable Note~~ Certificate Rate applicable from time to time (separately stated) to be distributed on ~~the related Payment~~ such Distribution Date; (ix) the ~~remaining~~ Unpaid Investor Certificate Interest ~~Shortfall~~ Short- fall, if any, to remain after the distribution on ~~the related Payment~~ such Distribution Date; (x) the ~~amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the~~ Accelerated Principal ~~Payment~~ Distribution Amount and the portion ~~of it~~ thereof that will be distributed pursuant to Section ~~8.03(a)(vi) of the Indenture~~5.01(a)(vii); (~~xiii~~xi) the Scheduled Principal Collections ~~Payment~~ Distribution Amount, separately stating ~~its components~~the components thereof; (~~xiv~~xii) the amount of any Transfer Deposit Amount paid by the ~~Sponsor~~ Seller or the Depositor pursuant to Section 2.02 or 2.04; (xvxiii) any accrued and unpaid Servicing Fees ~~for the Mortgage Loans~~ for previous Collection Periods and the Servicing Fee for ~~the related~~ such Collection Period; (~~xvi~~xiv) the Investor Loss Amount for ~~the related~~ such Collection Period; (~~xvii~~xv) the aggregate ~~amount~~ amount, if any, of Investor Loss Reduction Amounts for previous ~~Payment~~ Distribution Dates that have not been previously reimbursed to ~~the Holders of the Notes~~ Investor Certificateholders pursuant to ~~Section 8.03(a)(iv) of the Indenture~~5.01(a)(v); (~~xviii~~xvi) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix~~xvii) ~~[Deleted]~~the Pool Balance as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xxxviii) the ~~Note~~ Invested Amount as of the end of the preceding Collection Period; (xix) the Investor Certificate Principal Balance and ~~loan factor~~ Pool Factor after giving effect to the distribution on ~~the related Payment~~ such Distribution Date and to any reduction ~~because~~ on account of the Investor Loss Amount; (~~xxi~~xx) the Transferor Principal Balance ~~and the Available Transferor Subordinated Amount~~ after giving effect to the distribution on ~~the Payment~~ such Distribution Date; (~~xxii~~xxi) the aggregate amount of Additional Balances created ~~on the Mortgage Loans~~ during the previous Collection Period; (~~xxiii~~xxii) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 ~~days,~~ days and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the Owner Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Cwabs Inc), Pooling and Servicing Agreement (Cwabs Inc)

Servicing Certificate. Not later than each Determination Date, the ~~Master~~ Servicer shall deliver ~~(a)~~ to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the DepositorAdministrator, the Paying ~~Agent, the Credit Enhancer,~~ Agent and each Rating Agency a Servicing Certificate containing the information set forth below with respect to the Home Equity Loans on an aggregate basis as of the end of the preceding Collection Period (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture Trustee~~ Administrator and the ~~Master~~ Servicer), together with an Officer's ’s Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the ~~aggregate~~ Available Payment Amount for such Payment Date, separately stating the amount of ~~collections received on the Mortgage Loans by the Determination Date for the related Collection Period~~Interest Collections and Principal Collections; (ii) the ~~aggregate~~ amount of ~~(a) Interest Collections~~ the payments due to Holders of the each Class of Notes for such Payment Date, separately stating the portions thereof allocable to interest and ~~(b) Principal Collections for the related Collection Period~~allocable to principal; (iii) the ~~Investor Floating Allocation Percentage~~ amount of any Interest Carry Forward Amount and Supplemental Interest Amount for each Class of Notes paid on such Payment Date and the ~~Investor Fixed Allocation Percentage~~ amount of any Interest Carry Forward Amount or Supplemental Interest Amount for each Class of Notes remaining after giving effect to the ~~related Collection Period~~payments on such Payment Date; (iv) the ~~Investor Interest Collections and Investor~~ amount of any Extra Principal ~~Collections~~ Payment Amount for such Payment Date, including the ~~related Collection Period~~amounts payable in respect thereof to each Class of Notes on such Payment Date; (v) the ~~Interest Collections that are not Investor Interest Collections and Transferor~~ Principal ~~Collections~~ Payment Amount for such Payment Date, separately stating the ~~related Collection Period~~components thereof, including in each case the amounts payable in respect thereof to each Class of Notes on such Payment Date; (vi) the ~~Note Interest~~ Principal Carry Forward Amount for each Class of Notes for such Payment Date and the ~~applicable Note Rate~~ amount of any Principal Carry Forward Amount for each Class of Notes remaining after giving effect to the ~~Notes for the related Interest Period~~payments on such Payment Date; (vii) the ~~amount~~ Note Principal Amount of each Class of Notes, the Pool Balance as reported in the prior Monthly Payment Statement or, in the case of the first Determination Date, the Original Note ~~Interest that is not payable to~~ Principal Amount for each Class of Notes and the ~~Noteholders because of insufficient Investor Interest Collections~~Cut-Off Date Pool Balance; (viii) the ~~Unpaid Investor Interest Shortfall~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the Depositor or the Servicer with respect to the related Collection Period pursuant to Section 2.02; (ix) the number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the Depositor or the Servicer with respect to the related Collection Period pursuant to Section 2.04; (x) the number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the Depositor or the Servicer with respect to the related Collection Period pursuant to Section 3.01; (xi) the number and aggregate Principal Balance of any Home Equity Loan that the Servicer has consented to the placement of a senior lien during the related Collection Period pursuant to Section 3.01(a); (xii) the amount of ~~interest on~~ any Substitution Adjustment Amounts for such Payment Date; (xiii) the ~~shortfall at the applicable Note Rate applicable from time to time (separately stated)~~ amount to be ~~distributed~~ paid to the Transferor in respect of the Ownership Interest for the related Payment Date pursuant to Section 5.01(a)[(xx)]; (xiv) the Note Principal Amount for each Class of Notes after giving effect to the payment to be made on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) ~~any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and~~ the Servicing Fee for the related Collection ~~Period~~Period and any accrued amounts thereof that remain unpaid for previous Collection Periods; (xvi) the ~~Investor Loss Amount~~ amount of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) through (vii); (xvii) the Overcollateralization Amount, the Interim Overcollateralization Amount, the Interim Overcollateralization Deficiency, the Overcollateralization Release Amount, the Targeted Overcollateralization Amount, and the Monthly Excess Cashflow for such Payment Date; (xviii) the number of Home Equity Loans outstanding at the beginning and at the end of the related Collection Period; (~~xvii~~xix) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Pool Balance ~~of the Mortgage Loans~~ as of the end of the ~~preceding Collection Period and as of the end of the second preceding~~ related Collection Period~~; (xix) [Deleted]~~; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate ~~Asset~~ Principal Balances of ~~Mortgage~~ Home Equity Loans (x) as to which ~~the Minimum Monthly Payment is delinquent for 30-59 days~~one, ~~60-89 days, and 90~~ two or three or more ~~days~~scheduled monthly payments, ~~respectively~~ respectively, are contractually delinquent, and (y) that have become REO, in each case as of the end of such Collection Period; (xxi) the ~~preceding~~ unpaid principal amount of all Home Equity Loans that became Liquidated Home Equity Loans during such Collection Period; (xxii) the Cumulative Realized Losses on the Home Equity Loans for the related Collection Period; (xxiii) the Two Payment-Plus Delinquency Percentage for the related Collection Period; (xxiv) the Two Payment-Plus Rolling Average for such Payment Date; (xxv) LIBOR for such Payment Date; (xxvi) whether a ~~Rapid Amortization~~ Servicer Termination Event has occurred since the prior Determination Date, specifying ~~the Rapid Amortization~~ each such Servicer Termination Event if one has occurred; (~~xxv~~xxvii) whether an Event of ~~Servicing Termination~~ Default has occurred ~~since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v)~~ and ~~Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date~~is continuing; (xxviii) the ~~Credit Enhancement Draw Amount~~ Class [A-1] Formula Rate, Class [A-1] Note Rate, Class [A-2] Formula Rate, Class [A-2] Note Rate, Class [M-1] Formula Rate, Class [M-1] Note Rate, Class [M-2] Formula Rate, Class [M-2] Note Rate and the Available Funds Cap for ~~the related~~ such Payment Date; (xxix) the amount ~~to be distributed to~~ of any Skip-A-Pay Advances for the ~~Transferor pursuant to Section 8.03(a)(x) of the Indenture~~related Collection Period; (xxx) the ~~amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture~~Skip-A-Pay Reimbursement Amount for such Payment Date; (xxxi) the ~~Maximum Rate~~ Cumulative Loss Percentage for the related Collection ~~Period and the Weighted Average Net Loan Rate for the Mortgage Loans~~Period; (xxxii) ~~the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date~~ whether a Trigger Event has occurred and ~~the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date;~~is continuing; and (xxxiii) such other information as is required by the ~~related Available Subordinated Transferor Amount after giving effect to the distribution~~ Code and regulations thereunder to be made ~~on the related Payment Date; (xxxiv) the number and principal balances~~ available to Holders of any ~~Mortgage Loans transferred to~~ Class of the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency RateNotes. The Administrator, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the ~~Owner Trustee~~ Paying Agent shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making ~~distributions~~ payments pursuant to ~~Section 8.03~~ the terms of ~~the Indenture or distributions on the Transferor Certificates~~this Agreement, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the ~~Master Servicer, the Indenture Trustee~~ Servicer and the ~~Credit Enhancer~~Administrator or as may be required by the rules and regulations of the Securities and Exchange Commission. The ~~Master~~ Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (HSBC Home Equity Loan Corp I), Sale and Servicing Agreement (HSBC Home Equity Loan Corp I)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent~~, the Credit Enhancer~~, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i1) the aggregate amount of collections received on the Mortgage Loans by the Determination Date for the related Collection Period; (ii2) the aggregate amount of (a) Interest Collections for the related Collection Period and (b) Principal Collections for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv3) any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection Period; (~~xvi~~4) the ~~Investor~~ Liquidation Loss Amount for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii5) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix~~6) ~~[Deleted]~~the amount of claims made on the Loan Insurance Policy, the amount of insurance proceeds paid and the amount of insurance claims denied by the Loan Insurance Policy Provider; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii7) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (~~xxiii)~~ 8) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~9) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average ~~Net~~ Gross Loan Rate for the Mortgage Loans; (~~xxxii~~10) the ~~expected~~ amount of any optional advances pursuant to Section 4.03 by the Master Servicer remaining unpaid at the end of the Collection Period preceding the related Collection Period; (11) the amount of any optional advances pursuant to Section 4.03 by the Master Servicer made during the related Collection Period and included in the ~~distribution~~ payment on the ~~related~~ Payment ~~Date and~~ Date (12) the aggregate ~~expected~~ amount of optional advances pursuant to Section 4.03 by the Master Servicer that will remain outstanding as of the close of business on the ~~related~~ Payment Date; (~~xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv~~13) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (~~xxxv~~14) with respect to the Collection Account during the Collection Period related to the Payment Date: (A) its balance at the beginning of the Collection Period; (B) deposits of aggregate Transfer Deposit amount for retransferred Mortgage Loans pursuant to Section 2.06; (C) deposits of ~~all Liquidation Loss Amounts~~ aggregate Purchase Price for delinquent Mortgage Loans purchased by the Sponsor pursuant to Section 3.06; (D) deposits of aggregate Purchase Price made by the Sponsor in connection with modification of Mortgage Loans pursuant to Section 3.01; (E) deposits by the Master Servicer to account for losses accrued on Eligible Investments; (F) income accrued on Eligible Investments; (G) deposits of the termination purchase price in connection with termination pursuant to Section 8.01; (H) other deposits; (I) withdrawals of investment income on Eligible Investments; (J) withdrawals for the purchase of Additional Balances; (K) transfers to the Payment Account; (L) other withdrawals; and (M) its balance at the end of the Collection Period; (15) with respect to the first and second Payment Dates, deposits by the Master Servicer to account for shortfalls in interest collections resulting from the failure of the Mortgage Loans to be fully indexed pursuant to Section 3.03; (16) with respect to the first Payment Date, deposits by the Master Servicer to account for shortfalls in interest collections resulting from the prefunding mechanism and the longer first Interest Period, pursuant to Section 3.03; (17) with respect to the first Payment Date, the amount of collections on the Mortgage Loans ~~since~~ for the period between the initial Cut-off Date and ~~whether a Cumulative Loss Test Violation has occurred since~~ the ~~prior Determination~~ Closing Date, specifying the interest and principal portions thereof; (~~xxxvi~~18) Liquidation Expenses and indemnification payments paid to the Master Servicer for the related Collection Period; (19) Liquidation Expenses and indemnification payments payable to the Master Servicer on the Payment Date from Excess Cashflow pursuant to Section 8.03(c)(v); (20) the ~~Rolling Six Month Delinquency Rate,~~ weighted average remaining term of the ~~Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and~~Mortgage Loans; (~~xxxvii~~21) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date; (22) the number and aggregate Asset Balances of Mortgage Loans as to which the Minimum Monthly Payment is delinquent for 180 or more days; (23) the number and aggregate Asset Balances of Mortgage Loans that are in foreclosure; (24) the number and aggregate Asset Balances of Mortgage Loans for which the Master Servicer has received a written notice of the filing of bankruptcy or insolvency proceedings with respect to the mortgagor. The Indenture Trustee and the Owner Trustee shall conclusively rely ~~upon~~ on the information ~~contained~~ in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this ~~information~~ information, and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master ~~Servicer,~~ Servicer and the Indenture ~~Trustee and the Credit Enhancer~~Trustee. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (CWHEQ, Inc.), Sale and Servicing Agreement (CWHEQ, Inc.)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver ~~(a)~~ to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the DepositorAdministrator, the Paying ~~Agent, the Credit Enhancer,~~ Agent and each Rating Agency a Servicing Certificate containing the information set forth below with respect to the Home Equity Loans on an aggregate basis as of the end of the preceding Collection Period (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture Trustee~~ Administrator and the Master Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the ~~aggregate~~ Available Payment Amount for such Payment Date, separately stating the amount of ~~collections received on the Mortgage Loans by the Determination Date for the related Collection Period~~Interest Collections and Principal Collections; (ii) the ~~aggregate~~ amount of ~~(a) Interest Collections~~ the payments due to Holders of the each Class of Notes for such Payment Date, separately stating the portions thereof allocable to interest and ~~(b) Principal Collections for the related Collection Period~~allocable to principal; (iii) the ~~Investor Floating Allocation Percentage~~ amount of any Interest Carry Forward Amount and Supplemental Interest Amount for each Class of Notes paid on such Payment Date and the ~~Investor Fixed Allocation Percentage~~ amount of any Interest Carry Forward Amount or Supplemental Interest Amount for each Class of Notes remaining after giving effect to the ~~related Collection Period~~payments on such Payment Date; (iv) the ~~Investor Interest Collections and Investor~~ amount of any Extra Principal ~~Collections~~ Payment Amount for such Payment Date, including the ~~related Collection Period~~amounts payable in respect thereof to each Class of Notes on such Payment Date; (v) the ~~Interest Collections that are not Investor Interest Collections and Transferor~~ Principal ~~Collections~~ Payment Amount for such Payment Date, separately stating the ~~related Collection Period~~components thereof, including in each case the amounts payable in respect thereof to each Class of Notes on such Payment Date; (vi) the ~~Note Interest~~ Principal Carry Forward Amount for each Class of Notes for such Payment Date and the ~~applicable Note Rate~~ amount of any Principal Carry Forward Amount for each Class of Notes remaining after giving effect to the ~~Notes for the related Interest Period~~payments on such Payment Date; (vii) the ~~amount~~ Note Principal Amount of each Class of Notes, the Pool Balance as reported in the prior Monthly Payment Statement or, in the case of the first Determination Date, the Original Note ~~Interest that is not payable to~~ Principal Amount for each Class of Notes and the ~~Noteholders because of insufficient Investor Interest Collections~~Cut-Off Date Pool Balance; (viii) the ~~Unpaid Investor Interest Shortfall~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the Depositor or the Master Servicer with respect to the related Collection Period pursuant to Section 2.02; (ix) the number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the Depositor or the Master Servicer with respect to the related Collection Period pursuant to Section 2.04; (x) the number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the Depositor or the Master Servicer with respect to the related Collection Period pursuant to Section 3.01; (xi) the number and aggregate Principal Balance of any Home Equity Loan that the Master Servicer has consented to the placement of a senior lien during the related Collection Period pursuant to Section 3.01(a); (xii) the amount of ~~interest on~~ any Substitution Adjustment Amounts for such Payment Date; (xiii) the ~~shortfall at the applicable Note Rate applicable from time to time (separately stated)~~ amount to be ~~distributed~~ paid to the Transferor in respect of the Ownership Interest for the related Payment Date pursuant to Section 5.01(a)(xx); (xiv) the Note Principal Amount for each Class of Notes after giving effect to the payment to be made on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) ~~any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and~~ the Servicing Fee for the related Collection ~~Period~~Period and any accrued amounts thereof that remain unpaid for previous Collection Periods; (xvi) the ~~Investor Loss Amount~~ amount of all payments or reimbursements to the Master Servicer pursuant to Sections 3.03(ii) through (vii); (xvii) the Overcollateralization Amount, the Interim Overcollateralization Amount, the Interim Overcollateralization Deficiency, the Overcollateralization Release Amount, the Targeted Overcollateralization Amount, and the Monthly Excess Cashflow for such Payment Date; (xviii) the number of Home Equity Loans outstanding at the beginning and at the end of the related Collection Period; (~~xvii~~xix) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Pool Balance ~~of the Mortgage Loans~~ as of the end of the ~~preceding Collection Period and as of the end of the second preceding~~ related Collection Period~~; (xix) [Deleted]~~; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate ~~Asset~~ Principal Balances of ~~Mortgage~~ Home Equity Loans (x) as to which ~~the Minimum Monthly Payment is delinquent for 30-59 days~~one, ~~60-89 days, and 90~~ two or three or more ~~days~~scheduled monthly payments, ~~respectively~~ respectively, are contractually delinquent, and (y) that have become REO, in each case as of the end of such Collection Period; (xxi) the ~~preceding~~ unpaid principal amount of all Home Equity Loans that became Liquidated Home Equity Loans during such Collection Period; (xxii) the Cumulative Realized Losses on the Home Equity Loans for the related Collection Period; (xxiii) the Two Payment-Plus Delinquency Percentage for the related Collection Period; (xxiv) the Two Payment-Plus Rolling Average for such Payment Date; (xxv) LIBOR for such Payment Date; (xxvi) whether a ~~Rapid Amortization~~ Master Servicer Termination Event has occurred since the prior Determination Date, specifying ~~the Rapid Amortization~~ each such Master Servicer Termination Event if one has occurred; (~~xxv~~xxvii) whether an Event of ~~Servicing Termination~~ Default has occurred ~~since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v)~~ and ~~Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date~~is continuing; (xxviii) the ~~Credit Enhancement Draw Amount~~ Class A-1 Formula Rate, Class A-1 Note Rate, Class A-2 Formula Rate, Class A-2 Note Rate, Class M-1 Formula Rate, Class M-1 Note Rate, Class M-2 Formula Rate, Class M-2 Note Rate and the Available Funds Cap for ~~the related~~ such Payment Date; (xxix) the amount ~~to be distributed to~~ of any Skip-A-Pay Advances for the ~~Transferor pursuant to Section 8.03(a)(x) of the Indenture~~related Collection Period; (xxx) the ~~amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture~~Skip-A-Pay Reimbursement Amount for such Payment Date; (xxxi) the ~~Maximum Rate~~ Cumulative Loss Percentage for the related Collection ~~Period and the Weighted Average Net Loan Rate for the Mortgage Loans~~Period; (xxxii) ~~the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date~~ whether a Trigger Event has occurred and ~~the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date;~~is continuing; and (xxxiii) such other information as is required by the ~~related Available Subordinated Transferor Amount after giving effect to the distribution~~ Code and regulations thereunder to be made ~~on the related Payment Date; (xxxiv) the number and principal balances~~ available to Holders of any ~~Mortgage Loans transferred to~~ Class of the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency RateNotes. The Administrator, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the ~~Owner Trustee~~ Paying Agent shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making ~~distributions~~ payments pursuant to ~~Section 8.03~~ the terms of ~~the Indenture or distributions on the Transferor Certificates~~this Agreement, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master ~~Servicer, the Indenture Trustee~~ Servicer and the ~~Credit Enhancer~~Administrator or as may be required by the rules and regulations of the Securities and Exchange Commission. The Master Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (HSBC Home Equity Loan Trust 2005-2), Sale and Servicing Agreement (HSBC Home Equity Loan Trust 2005-3)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare ~~the items below and~~ the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i1) the aggregate amount of collections received on the Mortgage Loans by the Determination Date for the related Collection Period; (ii2) the aggregate amount of (a) Interest Collections for the related Collection Period and (b) Principal Collections for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv3) any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection Period; (~~xvi~~4) the ~~Investor~~ Liquidation Loss Amount for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii5) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix~~6) ~~[Deleted]~~the Credit Enhancement Draw Amount for the Notes for the related Payment Date; (xx7) the ~~Note Principal Balance and loan factor after giving effect~~ amount to be distributed to the ~~distribution on the related Payment Date~~ Credit Enhancer pursuant to Section 8.03(a)(iv) and ~~to any reduction because~~ Section 8.03(a)(vi) of the ~~Investor Loss Amount~~Indenture, stated separately; (~~xxi)~~ 8) the ~~Transferor~~ Guaranteed Principal ~~Balance and~~ Payment Amount for the ~~Available Transferor Subordinated Amount after giving effect to the distribution on~~ Notes for the Payment Date; (~~xxii~~9) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (~~xxiii~~10) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~11) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average ~~Net~~ Gross Loan Rate for the Mortgage Loans; (~~xxxii~~12) the ~~expected~~ amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans remaining unpaid at the end of the Collection Period preceding the related Collection Period; (13) the amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans made during the related Collection Period and included in the ~~distribution~~ payment on the ~~related~~ Payment ~~Date and~~ Date; (14) the aggregate ~~expected~~ amount of optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans that will remain outstanding as of the close of business on the ~~related~~ Payment Date; (~~xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv~~15) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (~~xxxv~~16) with respect to the Collection Account during the Collection Period related to the Payment Date: (A) its balance at the beginning of the Collection Period; (B) deposits of the aggregate Transfer Deposit amount for retransferred Mortgage Loans pursuant to Section 2.06; (C) deposits of ~~all Liquidation Loss Amounts~~ the aggregate Purchase Price for delinquent Mortgage Loans purchased by the Sponsor pursuant to Section 3.06; (D) deposits of the aggregate Purchase Price made by the Sponsor in connection with modification of Mortgage Loans pursuant to Section 3.01; (E) deposits by the Master Servicer to account for losses accrued on Eligible Investments; (F) income accrued on Eligible Investments; (G) deposits of the termination purchase price in connection with termination pursuant to Section 8.01; (H) other deposits; (I) withdrawals of investment income on Eligible Investments; (J) withdrawals for the purchase of Additional Balances; (K) transfers to the Payment Account; (L) other withdrawals; and (M) its balance at the end of the Collection Period; (17) with respect to the first and second Payment Dates, deposits by the Master Servicer to account for shortfalls in interest collections resulting from the failure of the Mortgage Loans to be fully indexed pursuant to Section 3.03; (18) with respect to the first Payment Date, deposits by the Master Servicer to account for shortfalls in interest collections resulting from the prefunding mechanism and the longer first Interest Period, pursuant to Section 3.03; (19) with respect to the first Payment Date, the amount of collections on the Mortgage Loans ~~since~~ for the period between the initial Cut-off Date and ~~whether a Cumulative Loss Test Violation has occurred since~~ the ~~prior Determination~~ Closing Date, specifying the interest and principal portions thereof; (~~xxxvi~~20) Liquidation Expenses and indemnification payments paid to the Master Servicer for the related Collection Period; (21) Liquidation Expenses and indemnification payments payable to the Master Servicer on the Payment Date from Available Interest Collections pursuant to Section 8.03(a)(vii) of the Indenture; (22) the ~~Rolling Six Month Delinquency Rate,~~ weighted average remaining term of the ~~Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date~~Mortgage Loans; and (~~xxxvii~~23) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Custodian acting on behalf of the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the Owner Trustee shall conclusively rely ~~upon~~ on the information ~~contained~~ in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this ~~information~~ information, and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture ~~Trustee~~ Trustee, and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-A), Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-B)

Servicing Certificate. Not later than each Determination --------------------- Date, the Master Servicer shall deliver (a) to the ~~Indenture~~ Trustee, the ~~data necessary~~ Statement to ~~prepare the items below and the statement for Noteholders~~ Certificateholders required to be prepared pursuant to Section ~~4.04~~ 5.03 and (b) to the ~~Indenture Trustee, the Owner~~ Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit ~~Enhancer,~~ Enhancer and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture~~ Trustee and the Master Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, ~~Payment~~ Distribution Date, the series number of the ~~Notes~~Certificates, the date of this Agreement, and, on the basis of each Class of Investor Certificates: (i) the aggregate amount of collections received on the Mortgage Loans by in the related Loan Group on or prior to the Determination Date ~~for the related~~ in respect of such Collection Period; (ii) the aggregate amount of (a) Interest Collections and (b) Principal Collections for the related Loan Group for such Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for the related Loan Group for such Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for the related Loan Group for such Collection Period; (v) the ~~Interest Collections that are not Investor~~ Transferor Interest Collections and Transferor Principal Collections for the related Loan Group for such Collection Period; (vi) ~~the Note~~ Investor Certificate Interest and the applicable ~~Note~~ Investor Certificate Rate for the ~~Notes~~ related Class of Investor Certificates for the related Interest Period; (vii) the ~~amount~~ amount, if any, of ~~the Note~~ such Investor Certificate Interest that is not payable to ~~the Noteholders because~~ such Class of Investor Certificates on account of insufficient Investor Interest Collections; (viii) the portion of the Unpaid Investor Certificate Interest Shortfall allocated to such Class of Investor Certificates, if any, and the amount of interest on ~~the~~ such shortfall at the applicable ~~Note~~ Investor Certificate Rate applicable from time to time (separately stated) to be distributed on ~~the related Payment~~ such Distribution Date; (ix) the ~~remaining~~ Unpaid Investor Certificate Interest ~~Shortfall~~ Shortfall, if any, to remain with respect to such Class of Investor Certificates after the distribution on ~~the related Payment~~ such Distribution Date; (x) the ~~amount~~ amount, if any, of any Basis Risk Carryforward with respect to such Class of Investor Certificates in ~~the~~ such distribution; (xi) the ~~amount~~ amount, if any, of the remaining Basis Risk Carryforward with respect to such Class of Investor Certificates after giving effect to ~~the related~~ such distribution; (xii) the Accelerated Principal ~~Payment~~ Distribution Amount with respect to such Class of Investor Certificates and the portion ~~of it~~ thereof that will be distributed pursuant to Section ~~8.03(a)(vi) of the Indenture~~5.01(a)(vii); (xiii) the Scheduled Principal Collections ~~Payment Amount~~Distribution Amount with respect to such Class of Investor Certificates, separately stating ~~its components~~the components thereof; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor with respect to such Class of Investor Certificates pursuant to Section 2.02 or 2.04; (xv) any accrued and unpaid Servicing Fees ~~for~~ with respect to the Mortgage Loans in the related Loan Group for previous Collection Periods and the Servicing Fee for ~~the related~~ such Collection Period; (xvi) the Investor Loss Amount with respect to such Class of Investor Certificates for ~~the related~~ such Collection Period; (xvii) the aggregate ~~amount~~ amount, if any, of Investor Loss Reduction Amounts with respect to such Class of Investor Certificates for previous ~~Payment~~ Distribution Dates that have not been previously reimbursed to the Holders of ~~the Notes~~ such Class of Investor Certificates pursuant to Section ~~8.03(a)(iv) of the Indenture~~5.01(a)(v); (xviii) the aggregate Asset Balance of the Mortgage Loans in the related Loan Group as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) ~~[Deleted]~~the Invested Amount with respect to such Class of Investor Certificates as of the end of the preceding Collection Period; (xx) the ~~Note~~ Investor Certificate Principal Balance for such Class of Investor Certificates and ~~loan factor~~ Loan Group Factor after giving effect to the distribution on ~~the related Payment~~ such Distribution Date and to any reduction ~~because~~ on account of the related Investor Loss Amount, if any; (xxi) the related Transferor Principal Balance and the related Available Transferor Subordinated Amount after giving effect to the distribution on ~~the Payment~~ such Distribution Date; (xxii) the aggregate amount of Additional Balances created on with respect to the Mortgage Loans in the related Loan Group during the previous Collection Period; (xxiii) the number and aggregate Asset Balances of Mortgage Loans in the related Loan Group (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 ~~days,~~ days and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying ~~the~~ each such Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying ~~the~~ each such Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer with respect to such Class of Investor Certificates pursuant to Section ~~8.03(a)(v~~5.01(a)(vi) and Section ~~8.03(a)(vii) of the Indenture~~5.01(a)(viii), stated separately; (xxvii) the Guaranteed Principal ~~Payment~~ Distribution Amount for ~~the Payment~~ such Class of Investor Certificates and Distribution Date; (xxviii) the Credit Enhancement Draw Amount for ~~the related Payment~~ such Class of Investor Certificates, if any, for such Distribution Date; (xxix) the amount to be distributed to the Transferor pursuant to Section ~~8.03(a)(x) of the Indenture~~5.01(a)(xxv); (xxx) the amount to be paid to the Master Servicer pursuant to Section ~~8.03(a)(viii) of the Indenture~~5.01(a)(xi); (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan ~~Rate~~ Rate, each for the Mortgage ~~Loans~~Loans in the related Loan Group; (xxxii) the expected amount of any optional advances pursuant to Section ~~4.03~~ 4.05 hereof by the Master Servicer included in the distribution on ~~the related Payment~~ such Distribution Date and the aggregate expected amount of optional advances pursuant to Section ~~4.03~~ 4.05 hereof by the Master Servicer outstanding as of the close of business on ~~the related Payment~~ such Distribution Date; (xxxiii) the related ~~Available Subordinated Transferor~~ Overcollateralization Amount after giving effect to the distribution to be made on ~~the related Payment~~ such Distribution Date; (xxxiv) the number and principal balances of any Mortgage Loans in the related Loan Group transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans in the related Loan Group since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency ~~Rate, the Spread Rate, the Excess Spread Percentage,~~ Rate for such Loan Group and ~~the Rolling Three Month Excess Spread Percentage for the Payment~~ Distribution Date; and (xxxvii) in the ~~Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered~~ amount to be transferred to the ~~Indenture Trustee within 30 days of~~ Reserve Fund pursuant to Section 5.01(e)(i) or transferred from the ~~Closing Date~~Reserve Fund pursuant to Section 5.01(e)(i)(a), Section 5.01(e)(i)(a)(b) or Section 5.01(e)(ii). The ~~Indenture Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~5.01, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the ~~Indenture~~ Trustee and the Credit Enhancer. The Master Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Cwabs Inc), Pooling and Servicing Agreement (Cwabs Inc)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans in each Loan Group by the Determination Date for the related Collection Period; (ii) the aggregate amount of (a) Interest Collections for each Loan Group for the related Collection Period and (b) Principal Collections for each Loan Group for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for each Loan Group for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for each Loan Group for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for each Loan Group for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for ~~the~~ each Class of Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the ~~Noteholders~~ Holders of each Class of Notes because of insufficient Investor Interest ~~Collections~~Collections for the related Loan Group; (viii) the Unpaid Investor Interest Shortfall for each Class of Notes and the amount of interest on the shortfall at the applicable Note Rate for each Class of Notes applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall for each Class of Notes after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward for each Class of Notes in the distribution; (xi) the amount of the remaining Basis Risk Carryforward for each Class of Notes after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section ~~8.03(a)(vi~~8.03(a)(vii) of the ~~Indenture~~Indenture for each Loan Group; (xiii) the Scheduled Principal Collections Payment ~~Amount~~Amount for each Loan Group, separately stating its components; (xiv) the amount of any Transfer Deposit Amount for each Loan Group paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued Servicing Fees for the Mortgage Loans in each Loan Group for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the Investor Loss Amount for each Loan Group for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of ~~the~~ each Class of Notes pursuant to Section 8.03(a)(iv), Section 8.03(a)(viii), or Section 8.03(c) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans in each Loan Group as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance for each Class of Notes and loan factor after giving effect to the ~~distribution~~ payment on each Class of Notes on the related Payment Date and to any reduction because of the related Investor Loss Amount; (xxi) the Transferor ~~Principal Balance~~ Interest and the Available Transferor Subordinated Amount for each Loan Group after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans in each Loan Group during the previous Collection Period; (xxiii) for each Loan Group, the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v)~~ 8.03(a)(vi), Section 8.03(a)(ix), and Section ~~8.03(a)(vii~~8.03(a)(xi) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for each Class of Notes for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for each Class of Notes for the related Payment Date; (xxix) the amount to be distributed on the Mortgage Loans in each Loan Group to the Transferor pursuant to Section ~~8.03(a)(x~~8.03(a)(xiii) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section ~~8.03(a)(viii~~8.03(a)(x) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage ~~Loans~~Loans in each Loan Group; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding on the Mortgage Loans in each Loan Group as of the close of business on the related Payment Date; (xxxiii) the ~~related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the~~ number and principal balances of any Mortgage Loans in each Loan Group transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (~~xxxvii~~xxxiv) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for each Loan Group for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the Owner Trustee shall conclusively rely ~~upon~~ on the information ~~contained~~ in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture ~~Trustee~~ Trustee, and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-B), Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-T)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans in each Loan Group by the Determination Date for the related Collection Period; (ii) the aggregate amount of (a) Interest Collections for each Loan Group for the related Collection Period and (b) Principal Collections for each Loan Group for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for each Loan Group for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for each Loan Group for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for each Loan Group for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for ~~the~~ each Class of Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the ~~Noteholders~~ Holders of each Class of Notes because of insufficient Investor Interest ~~Collections~~Collections for the related Loan Group; (viii) the Unpaid Investor Interest Shortfall for each Class of Notes and the amount of interest on the shortfall at the applicable Note Rate for each Class of Notes applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall for each Class of Notes after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward for each Class of Notes in the distribution; (xi) the amount of the remaining Basis Risk Carryforward for each Class of Notes after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section ~~8.03(a)(vi~~8.03(a)(vii) of the ~~Indenture~~Indenture for each Loan Group; (xiii) the Scheduled Principal Collections Payment ~~Amount~~Amount for each Loan Group, separately stating its components; (xiv) the amount of any Transfer Deposit Amount for each Loan Group paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued Servicing Fees for the Mortgage Loans in each Loan Group for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the Investor Loss Amount for each Loan Group for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of ~~the~~ each Class of Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans in each Loan Group as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance for each Class of Notes and loan factor after giving effect to the distribution on each Class of Notes on the related Payment Date and to any reduction because of the related Investor Loss Amount; (xxi) the Transferor ~~Principal Balance~~ Interest and the Available Transferor Subordinated Amount for each Loan Group after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans in each Loan Group during the previous Collection Period; (xxiii) for each Loan Group, the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v)~~ 8.03(a)(vi), Section 8.03(a)(ix), and Section ~~8.03(a)(vii~~8.03(a)(xi) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for each Class of Notes for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for each Class of Notes for the related Payment Date; (xxix) the amount to be distributed on the Mortgage Loans in each Loan Group to the Transferor pursuant to Section ~~8.03(a)(x~~8.03(a)(xiii) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section ~~8.03(a)(viii~~8.03(a)(x) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage ~~Loans~~Loans in each Loan Group; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding on the Mortgage Loans in each Loan Group as of the close of business on the related Payment Date; (xxxiii) the ~~related~~ Available Subordinated Transferor Amount for each Loan Group after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans in each Loan Group transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for each Loan Group for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date; (xxxvi) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group as to which the Minimum Monthly Payment is delinquent for 180 or more days; (xxxvii) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group that are in foreclosure; (xxxviii) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group for which the Master Servicer has received a written notice of the filing of bankruptcy or insolvency proceedings with respect to the mortgagor; and (xxxix) the sum of the Asset Balances for the three largest outstanding Mortgage Loans in each Loan Group. The Indenture Trustee and the Owner Trustee shall conclusively rely ~~upon~~ on the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust Series, 2004-P), Sale and Servicing Agreement (CWHEQ, Inc.)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver ~~(a)~~ to the ~~Indenture~~ Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying ~~Agent, the Credit Enhancer,~~ Agent and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture~~ Trustee and the Master Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, ~~Payment~~ Distribution Date, the series number of the ~~Notes~~Certificates, the date of this Agreement, and: (i) the ~~aggregate~~ Available Distribution Amount for such Distribution Date, separately stating the amount of ~~collections received on the Mortgage Loans by the Determination Date for the related Collection Period~~Interest Collections and Principal Collections; (ii) the ~~aggregate~~ amount of ~~(a) Interest Collections~~ the distributions to Holders of the Class A and ~~(b) Principal Collections~~ Class M Certificates for such Distribution Date, separately stating the ~~related Collection Period~~portions thereof allocable to interest and allocable to principal; (iii) the ~~Investor Floating Allocation Percentage~~ amount of any Interest Carry Forward Amount and Supplemental Interest Amount for each Class paid on such Distribution Date and the ~~Investor Fixed Allocation Percentage~~ amount of any Interest Carry Forward Amount or Supplemental Interest Amount for each Class remaining after giving effect to the ~~related Collection Period~~distributions on such Distribution Date; (iv) the ~~Investor Interest Collections and Investor~~ amount of any Extra Principal ~~Collections~~ Distribution Amount for ~~the related Collection Period~~such Distribution Date; (v) the ~~Interest Collections that are not Investor Interest Collections and Transferor~~ Principal ~~Collections~~ Distribution Amount for such Distribution Date, separately stating the ~~related Collection Period~~components thereof; (vi) the ~~Note Interest~~ amount of any Principal Carry Forward Amount for each Class paid on such Distribution Date and the ~~applicable Note Rate~~ amount of any Principal Carry Forward Amount for each Class remaining after giving effect to the ~~Notes for the related Interest Period~~distributions on such Distribution Date; (vii) the ~~amount~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~Note Interest that is not payable~~ Depositor or the Master Servicer with respect to the ~~Noteholders because of insufficient Investor Interest Collections~~related Collection Period pursuant to Section 2.02; (viii) the ~~Unpaid Investor Interest Shortfall~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~amount of interest on~~ Depositor or the ~~shortfall at the applicable Note Rate applicable from time~~ Master Servicer with respect to ~~time (separately stated) to be distributed on~~ the related ~~Payment Date~~Collection Period pursuant to Section 2.04; (ix) the ~~remaining Unpaid Investor Interest Shortfall after~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~distribution on~~ Depositor or the Master Servicer with respect to the related ~~Payment Date~~Collection Period pursuant to Section 3.01; (x) the ~~amount~~ number and aggregate Principal Balance of any ~~Basis Risk Carryforward in~~ Home Equity Loan purchased or substituted by the ~~distribution~~Depositor or the Master Servicer with respect to the related Collection Period pursuant to Section 3.07; (xi) the ~~amount~~ number and aggregate Principal Balance of any Home Equity Loan that the ~~remaining Basis Risk Carryforward after giving effect~~ Master Servicer has consented to the placement of a senior lien during the related ~~distribution~~Collection Period pursuant to Section 3.01(a); (xii) the ~~Accelerated Principal Payment Amount and the portion~~ amount of ~~it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture~~any Substitution Adjustment Amounts for such Distribution Date; (xiii) the ~~Scheduled Principal Collections Payment Amount, separately stating its components~~Servicing Fee for such Collection Period and any accrued amounts thereof that remain unpaid for previous Collection Periods; (xiv) the ~~amount of any Transfer Deposit Amount paid by~~ amount, if any, to be distributed to the ~~Sponsor or the Depositor pursuant to Section 2.02 or 2.04~~Equity Certificateholder on such Distribution Date; (xv) ~~any accrued Servicing Fees for~~ the ~~Mortgage Loans for previous Collection Periods~~ Overcollateralization Amount, the Interim Overcollateralization Amount, the Interim Overcollateralization Deficiency, the Overcollateralization Release Amount, the Targeted Overcollateralization Amount and the ~~Servicing Fee~~ Monthly Excess Cashflow for ~~the related Collection Period~~such Distribution Date; (xvi) the ~~Investor Loss Amount for~~ number of Home Equity Loans outstanding at the ~~related~~ beginning and end of such Collection Period; (xvii) the ~~aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders~~ Pool Balance as of the ~~Notes pursuant to Section 8.03(a)(iv)~~ end of ~~the Indenture~~such Collection Period; (xviii) the ~~aggregate Asset~~ Certificate Principal Balance of each Class of Certificates and the ~~Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor~~ Pool Factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment such Distribution Date; (~~xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii~~xix) the number and aggregate ~~Asset~~ Principal Balances of ~~Mortgage~~ Home Equity Loans (x) as to which the ~~Minimum Monthly Payment~~ scheduled monthly payment is contractually delinquent for 30-59 days, 60-89 ~~days,~~ days and 90 or more days, respectively and (y) that have become REO, in each case as of the end of ~~the preceding~~ such Collection Period; (xx) the unpaid principal amount of all Home Equity Loans that became Liquidated Home Equity Loans during such Collection Period; (xxi) the book value of any real estate acquired through foreclosure or grant of a deed in lieu of foreclosure; (xxii) whether a Trigger Event has occurred or is continuing; (xxiii) such other information as is required by the Code and regulations thereunder to be made available to Holders of the Class A and Class M Certificates; (xxiv) whether ~~a Rapid Amortization~~ an Event of Default has occurred since the prior Determination Date, specifying ~~the Rapid Amortization~~ each such Event of Default if one has occurred; (xxv) ~~whether an Event of Servicing Termination has occurred since~~ the ~~prior Determination~~ Class A Formula Rate, Class A Pass-Through Rate, Class M Formula Rate and Class M Pass-Through Rate for such Distribution Date~~, specifying the Event of Servicing Termination if one has occurred~~; (xxvi) the amount ~~to be distributed to~~ of any Skip-A-Pay Advances for the ~~Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately;~~related Collection Period; and (xxvii) the ~~Guaranteed Principal Payment~~ Skip-A-Pay Reimbursement Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing such Distribution Date. The ~~Indenture Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~5.01, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master ~~Servicer, the Indenture Trustee~~ Servicer and the ~~Credit Enhancer~~Trustee or as may be required by the rules and regulations of the Securities and Exchange Commission. The Master Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (HFC Revolving Corp), Pooling and Servicing Agreement (HFC Revolving Corp)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans in each Loan Group by the Determination Date for the related Collection Period; (ii) the aggregate amount of (a) Interest Collections for each Loan Group for the related Collection Period and (b) Principal Collections for each Loan Group for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for each Loan Group for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for each Loan Group for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for each Loan Group for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for ~~the~~ each Class of Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the ~~Noteholders~~ Holders of each Class of Notes because of insufficient Investor Interest ~~Collections~~Collections for the related Loan Group; (viii) the Unpaid Investor Interest Shortfall for each Class of Notes and the amount of interest on the shortfall at the applicable Note Rate for each Class of Notes applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall for each Class of Notes after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward for each Class of Notes in the distribution; (xi) the amount of the remaining Basis Risk Carryforward for each Class of Notes after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section ~~8.03(a)(vi~~8.03(a)(vii) of the ~~Indenture~~Indenture for each Loan Group; (xiii) the Scheduled Principal Collections Payment ~~Amount~~Amount for each Loan Group, separately stating its components; (xiv) the amount of any Transfer Deposit Amount for each Loan Group paid by the Sponsor or the Depositor pursuant to Section ~~2.02 or 2.04~~2.07; (xv) any accrued Servicing Fees for the Mortgage Loans in each Loan Group for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the Investor Loss Amount for each Loan Group for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of ~~the~~ each Class of Notes pursuant to Section 8.03(a)(iv), Section 8.03(a)(viii), or Section 8.03(c) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans in each Loan Group as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) ~~[Deleted]; (xx)~~ the Note Principal Balance for each Class of Notes and loan factor after giving effect to the ~~distribution~~ payment on each Class of Notes on the related Payment Date and to any reduction because of the related Investor Loss Amount; (~~xxi~~xx) the Transferor ~~Principal Balance~~ Interest and the Available Transferor Subordinated Amount for each Loan Group after giving effect to the distribution on the Payment Date; (~~xxii~~xxi) the aggregate amount of Additional Balances created on the Mortgage Loans in each Loan Group during the previous Collection Period; (~~xxiii~~xxii) for each Loan Group, the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~xxiii) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (~~xxv~~xxiv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (~~xxvi~~xxv) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v)~~ 8.03(a)(vi), Section 8.03(a)(ix), and Section ~~8.03(a)(vii~~8.03(a)(xi) of the Indenture, stated separately; (~~xxvii~~xxvi) the Guaranteed Principal Payment Amount for each Class of Notes for the Payment Date; (xxvii) the Credit Enhancement Draw Amount for each Class of Notes for the related Payment Date; (xxviii) the ~~Credit Enhancement Draw Amount for the related Payment Date; (xxix) the~~ amount to be distributed on the Mortgage Loans in each Loan Group to the Transferor pursuant to Section ~~8.03(a)(x~~8.03(a)(xiii) of the Indenture; (~~xxx~~xxix) the amount to be paid to the Master Servicer pursuant to Section ~~8.03(a)(viii~~8.03(a)(x) of the Indenture; (~~xxxi~~xxx) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage ~~Loans~~Loans in each Loan Group; (~~xxxii~~xxxi) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding on the Mortgage Loans in each Loan Group as of the close of business on the related Payment Date; (~~xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv~~xxxii) the number and principal balances of any Mortgage Loans in each Loan Group transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxviixxxiii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for each Loan Group for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date; (xxxiv) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group that are in foreclosure; and (xxxv) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group for which the Master Servicer has received a written notice of the filing of bankruptcy or insolvency proceedings with respect to the mortgagor. The Indenture Trustee and the Owner Trustee shall conclusively rely ~~upon~~ on the information ~~contained~~ in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this ~~information~~ information, and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture ~~Trustee~~ Trustee, and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-G), Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-H)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Cwabs Inc Revolving Home Equity Loan Notes Series 2004-C), Sale and Servicing Agreement (Cwabs Inc Revolving Home Eq Ln Asst Back NTS Ser 2004-A)

Servicing Certificate. Not later than each Determination Date, the ~~Master~~ Servicer shall deliver (a) to the ~~Indenture~~ Trustee, the ~~data necessary~~ Statement to ~~prepare the items below and the statement for Noteholders~~ Certificateholders required to be prepared pursuant to Section ~~4.04~~ 5.03 and (b) to the ~~Indenture~~ Trustee, the ~~Owner Trustee, the Sponsor~~Transferor, the Depositor, the Paying Agent, the Credit ~~Enhancer,~~ Enhancer and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture~~ Trustee and the ~~Master~~ Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, Payment Date, the series number of the ~~Notes~~Certificates, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans by on or prior to the Determination Date ~~for the related~~ in respect of such Collection Period; (ii) the aggregate amount of (a) Interest Collections and (b) Principal Collections for ~~the related~~ such Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for ~~the related~~ such Collection Period; (iv) the Investor Interest Collections and ~~Investor~~ Principal Collections allocated to the Investor Certificates for ~~the related~~ such Collection Period; (v) the ~~Interest Collections that are not Investor~~ Transferor Interest Collections and Transferor Principal Collections for ~~the related~~ such Collection Period; (vi) Class A Certificate Interest, the ~~Note Interest~~ Class A Certificate Rate and the ~~applicable Note Rate for the Notes~~ Class S Certificate Interest for the related Interest Period; (vii) the ~~amount~~ amount, if any, of ~~the Note~~ such Class A Certificate Interest or Class S Certificate Interest that is not payable ~~to the Noteholders because~~ on account of insufficient Investor Interest Collections; (viii) the portion of the Unpaid ~~Investor~~ Class A Certificate Interest Shortfall and the portion of the Unpaid Class S Certificate Interest Shortfall, if any, the amount of interest on ~~the~~ such shortfall at the ~~applicable Note~~ Certificate Rate applicable from time to time (separately stated) to be distributed on ~~the related~~ such Payment Date; (ix) the ~~remaining~~ Unpaid ~~Investor~~ Class A Certificate Interest Shortfall and the Unpaid Class S Certificate Interest Shortfall, if any, to remain after the distribution on ~~the related~~ such Payment Date; (x) the ~~amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the~~ Accelerated Principal ~~Payment~~ Distribution Amount and the portion ~~of it~~ thereof that will be distributed pursuant to Section ~~8.03(a)(vi) of the Indenture~~5.01(a)(viii); (~~xiii~~xi) the Scheduled Principal Collections ~~Payment~~ Distribution Amount, separately stating ~~its components~~the components thereof; (~~xiv~~xii) the amount of any Transfer Deposit Amount paid by the ~~Sponsor~~ Transferor or the Depositor pursuant to Section 2.02 or 2.04; (xvxiii) any accrued and unpaid Servicing Fees ~~for the Mortgage Loans~~ for previous Collection Periods and the Servicing Fee for ~~the related~~ such Collection Period; (~~xvi~~xiv) the Investor Loss Amount for ~~the related~~ such Collection Period; (~~xvii~~xv) the aggregate ~~amount~~ amount, if any, of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to ~~the Holders of the Notes~~ Class A Certificateholders pursuant to ~~Section 8.03(a)(iv) of the Indenture~~5.01(a)(vi); (~~xviii~~xvi) the ~~aggregate Asset~~ Pool Balance ~~of the Mortgage Loans~~ as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix~~xvii) ~~[Deleted]~~the Invested Amount as of the end of the preceding Collection Period; (xxxviii) the ~~Note~~ Class A Certificate Principal ~~Balance~~ Balance, the Class S Notional Amount and ~~loan factor~~ Pool Factor after giving effect to the distribution on ~~the related~~ such Payment Date and to any reduction ~~because~~ on account of the Investor Loss Amount; (~~xxi~~xix) the Transferor Principal Balance ~~and the Available Transferor Subordinated Amount~~ after giving effect to the distribution on ~~the~~ such Payment Date; (~~xxii~~xx) the aggregate amount of Additional Balances created ~~on the Mortgage Loans~~ during the previous Collection Period; (~~xxiii~~xxi) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 ~~days,~~ days and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~xxii) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying ~~the~~ each such Rapid Amortization Event if one has occurred; (~~xxv~~xxiii) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying ~~the~~ each such Event of Servicing Termination if one has occurred; (~~xxvi~~xxiv) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v~~5.01(a)(vii) and Section ~~8.03(a)(vii) of the Indenture~~5.01(a)(ix)(ii), stated separately; (~~xxvii~~xxv) the amount to be distributed to the Spread Account pursuant to Section 5.01(a)(ix)(i); (xxvi) the Guaranteed Principal ~~Payment~~ Distribution Amount for such Payment Date; (xxvii) the Credit Enhancement Draw Amount, if any, for such Payment Date; (xxviii~~) the Credit Enhancement Draw Amount for the related Payment Date; (xxix~~) the amount to be distributed to the Transferor pursuant to Section ~~8.03(a)(x) of the Indenture~~5.01(a)(xi); (~~xxx~~xxix) the amount to be paid to the ~~Master~~ Servicer pursuant to Section ~~8.03(a)(viii) of the Indenture~~5.01(a)(x); (~~xxxi~~xxx) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan ~~Rate for~~ Rate; (xxxi) the ~~Mortgage Loans~~total amount of funds on deposit in the Spread Account and the applicable Spread Account Maximum; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Overcollateralization Amount after giving effect to the distribution to be made on ~~the related Payment Date~~such Distribution; (~~xxxiv~~xxxiii) the number and principal balances of any Mortgage Loans ~~transferred~~ retransferred to the Transferor pursuant to Section 2.06; (~~xxxv~~xxxiv) the ~~aggregate~~ amount of ~~all Liquidation Loss Amounts on~~ Principal Collections to be deposited in the ~~Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination~~ Funding Account in respect of such Payment Date; (~~xxxvi~~xxxv) the ~~Rolling Six Month Delinquency Rate,~~ amount on deposit in the ~~Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the~~ Funding Account as of such Payment Date; and (~~xxxvii~~xxxvi) in the ~~Servicing Certificates for~~ aggregate of the ~~first and second Payment Dates,~~ Asset Balances of the ~~number and Cut-off Date Asset Balance of~~ Subsequent Mortgage Loans ~~for which~~ purchased on the ~~Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date~~related Subsequent Transfer Dates. The ~~Indenture Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~5.01, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the ~~Master~~ Servicer, the ~~Indenture~~ Trustee and the Credit Enhancer. The ~~Master~~ Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Greenpoint Mortgage Securities Inc/), Pooling and Servicing Agreement (Greenpoint Mortgage Securities Inc/)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare ~~the items below and~~ the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i1) the aggregate amount of collections received on the Mortgage Loans in each Loan Group by the Determination Date for the related Collection Period; (ii2) the aggregate amount of (a) Interest Collections for each Loan Group for the related Collection Period and (b) Principal Collections for each Loan Group for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv3) any accrued Servicing Fees for the Mortgage Loans in each Loan Group for previous Collection Periods and the Servicing Fee for the related Collection Period; (~~xvi~~4) the ~~Investor~~ Liquidation Loss Amount for each Loan Group for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii5) the aggregate Asset Balance of the Mortgage Loans in each Loan Group as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix) [Deleted]; (xx~~6) the ~~Note Principal Balance and loan factor after giving effect to the distribution on~~ Credit Enhancement Draw Amount for each Class of Notes for the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (~~xxii~~7) the amount of claims made on the Loan Insurance Policy with respect to each Loan Group, the amount of insurance proceeds paid with respect to each Loan Group and the amount of insurance claims denied by the Loan Insurance Policy Provider with respect to each Loan Group; (8) the amount of payments received on the Sponsor Loss Coverage Obligation with respect to each Loan Group, the amount of such payments expected to be received for the next Payment Date with respect to each Loan Group and the amount of its remaining coverage; (9) the aggregate amount of Additional Balances created on the Mortgage Loans in each Loan Group during the previous Collection Period; (~~xxiii~~10) for each Loan Group, the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~11) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average ~~Net~~ Gross Loan Rate for the Mortgage ~~Loans~~Loans in each Loan Group; (~~xxxii~~12) the ~~expected~~ amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group remaining unpaid at the end of the Collection Period preceding the related Collection Period; (13) the amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group made during the related Collection Period and included in the ~~distribution~~ payment on the ~~related~~ Payment ~~Date and~~ Date; (14) the aggregate ~~expected~~ amount of optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group that will remain outstanding as of the close of business on the ~~related~~ Payment Date; (~~xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv~~15) the number and principal balances of any Mortgage Loans transferred from each Loan Group to the Transferor pursuant to Section 2.06; (~~xxxv~~16) with respect to the Collection Account during the Collection Period related to the Payment Date: (A) its balance at the beginning of the Collection Period; (B) deposits of the aggregate Transfer Deposit amount for retransferred Mortgage Loans pursuant to Section 2.06; (C) deposits of ~~all Liquidation Loss Amounts~~ the aggregate Purchase Price for delinquent Mortgage Loans purchased by the Sponsor pursuant to Section 3.06; (D) deposits of the aggregate Purchase Price made by the Sponsor in connection with modification of Mortgage Loans pursuant to Section 3.01; (E) deposits by the Master Servicer to account for losses accrued on Eligible Investments; (F) income accrued on Eligible Investments; (G) deposits of the termination purchase price in connection with termination pursuant to Section 8.01; (H) other deposits; (I) withdrawals of investment income on Eligible Investments; (J) withdrawals for the purchase of Additional Balances; (K) transfers to the Payment Account; (L) other withdrawals; and (M) its balance at the end of the Collection Period; (17) with respect to the first and second Payment Dates, deposits by the Master Servicer with respect to each class of Notes to account for shortfalls in interest collections resulting from the failure of the Mortgage Loans to be fully indexed pursuant to Section 3.03; (18) with respect to the first Payment Date, deposits by the Master Servicer with respect to each class of Notes to account for shortfalls in interest collections resulting from the prefunding mechanism and the longer first Interest Period, pursuant to Section 3.03; (19) with respect to the first Payment Date, the amount of collections on the Mortgage Loans ~~since~~ in each Loan Group for the period between the initial Cut-off Date and ~~whether a Cumulative Loss Test Violation has occurred since~~ the ~~prior Determination~~ Closing Date, specifying the interest and principal portions thereof; (~~xxxvi~~20) Liquidation Expenses and indemnification payments paid to the Master Servicer for the related Collection Period with respect to each Loan Group; (21) Liquidation Expenses and indemnification payments payable to the Master Servicer on the Payment Date from Excess Interest pursuant to Section 8.03(a)(xii) of the Indenture; (22) the ~~Rolling Six Month Delinquency Rate,~~ weighted average remaining term of the ~~Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and~~Mortgage Loans in each Loan Group; (~~xxxvii~~23) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for each Loan Group for which the Mortgage Loan File was not delivered to the Custodian acting on behalf Indenture Trustee within 30 days of the Closing Date; (24) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group as to which the Minimum Monthly Payment is delinquent for 180 or more days; (25) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group that are in foreclosure; and (26) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group for which the Master Servicer has received a written notice of the filing of bankruptcy or insolvency proceedings with respect to the mortgagor. The Indenture Trustee and the Owner Trustee shall conclusively rely ~~upon~~ on the information ~~contained~~ in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this ~~information~~ information, and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture ~~Trustee~~ Trustee, and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-B), Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2006-C)

Servicing Certificate. Not later than ~~each Determination~~ seven (7) Business Days prior to the Payment Date, the ~~Master~~ Servicer shall deliver ~~(a)~~ to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the ~~Master~~ Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans by on or prior to the Determination Date ~~for the related~~ in respect of such Collection Period; (ii) the aggregate amount of (a) Interest Collections and (b) Principal Collections for ~~the related~~ such Collection Period; (iii) the ~~Investor Floating Allocation Percentage and~~ Principal Collections for such Payment Date, separately stating the ~~Investor Fixed Allocation Percentage for the related Collection Period~~components thereof; (iv) the Investor Interest Collections and Investor Principal Collections for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued and unpaid Servicing Fees ~~for the Mortgage Loans~~ for previous Collection Periods and the Servicing Fee for ~~the related~~ such Collection Period; (~~xvi~~v) the Investor Loss Amount for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Pool Balance ~~of the Mortgage Loans~~ as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxiivi) the aggregate amount of Additional Balances created ~~on the Mortgage Loans~~ during the previous Collection Period; (~~xxiii~~vii) the number and aggregate ~~Asset~~ Principal Balances of Mortgage Loans (xA) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days, 150-179 days and 90 180 or more ~~days,~~ days respectively and (yB) that have become REO, in each case as of the end of the preceding Collection Period; ; (~~xxiv~~C) ~~whether a Rapid Amortization Event has occurred since the prior Determination Date~~as to which foreclosure proceedings have been commenced, ~~specifying the Rapid Amortization Event if one has occurred;~~ and (~~xxv~~D) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) in bankruptcy and ~~Section 8.03(a)(vii)~~ delinquent as of the ~~Indenture, stated separately; (xxvii)~~ close of business on the ~~Guaranteed Principal Payment Amount for~~ last day of the ~~Payment~~ calendar month preceding such Distribution Date; (~~xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx~~viii) the amount to be paid to the ~~Master~~ Servicer pursuant to Section ~~8.03(a)(viii~~8.7(c)(xi) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxivix) the number and ~~principal balances~~ Principal Balances of any Mortgage Loans ~~transferred~~ removed to the ~~Transferor~~ Sponsor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date2.07; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture ~~Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03~~ 8.7 of the ~~Indenture or distributions on the Transferor Certificates~~Indenture, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the ~~Master~~ Servicer, the Indenture Trustee and the ~~Credit Enhancer~~Insurer. The ~~Master~~ Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Greenpoint Mortgage Securities Inc/), Sale and Servicing Agreement (Greenpoint Mortgage Securities Inc/)

Servicing Certificate. Not later than each Determination Date, the ~~Master~~ Servicer shall deliver ~~(a)~~ to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the DepositorAdministrator, the Paying ~~Agent, the Credit Enhancer,~~ Agent and each Rating Agency a Servicing Certificate containing the information set forth below with respect to the Home Equity Loans on an aggregate basis at the end of the preceding Collection Period (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture Trustee~~ Administrator and the ~~Master~~ Servicer), together with an Officer's ’s Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, ~~Payment~~ Distribution Date, the series number of the ~~Notes~~Certificates, the date of this Agreement, and: (i) the ~~aggregate~~ Available Distribution Amount for such Distribution Date, separately stating the amount of ~~collections received on the Mortgage Loans by the Determination Date for the related Collection Period~~Interest Collections and Principal Collections; (ii) the ~~aggregate~~ amount of ~~(a) Interest Collections~~ the payments due to Holders of each Class of Offered Certificates for such Distribution Date, separately stating the portions thereof allocable to interest and ~~(b) Principal Collections for the related Collection Period~~to principal; (iii) the ~~Investor Floating Allocation Percentage~~ amount of any Interest Carry Forward Amount and Net Rate Carryover Amount for each Class of Offered Certificates to be distributed on such Distribution Date and the ~~Investor Fixed Allocation Percentage~~ amount of any Interest Carry Forward Amount or Net Rate Carryover Amount for each Class of Offered Certificates remaining after giving effect to the ~~related Collection Period~~distributions on such Distribution Date; (iv) the ~~Investor Interest Collections and Investor~~ Principal ~~Collections~~ Distribution Amount for such Distribution Date (and, if applicable, the ~~related Collection Period~~portion thereof consisting of the Extra Principal Distribution Amount for such Distribution Date), separately stating the portion allocable to each Class of Offered Certificates on such Distribution Date; (v) the ~~Interest Collections that are not Investor Interest Collections~~ Certificate Principal Balance of each Class of Offered Certificates, the Pool Balance as reported in the prior Monthly Distribution Statement or, in the case of the first Determination Date, the Original Class Certificate Principal Balance for each Class of Offered Certificates and ~~Transferor Principal Collections for~~ the ~~related Collection Period~~Cut-Off Date Pool Balance; (vi) the ~~Note Interest and~~ Certificate Principal Balance of each Class of Offered Certificates after giving effect to the ~~applicable Note Rate for the Notes for the related Interest Period~~distributions on such Distribution Date; (vii) the ~~amount~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~Note Interest that is not payable~~ Depositor or the Servicer with respect to the ~~Noteholders because of insufficient Investor Interest Collections~~related Collection Period pursuant to Section 2.02; (viii) the ~~Unpaid Investor Interest Shortfall~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~amount of interest on~~ Depositor or the ~~shortfall at the applicable Note Rate applicable from time~~ Servicer with respect to ~~time (separately stated) to be distributed on~~ the related ~~Payment Date~~Collection Period pursuant to Section 2.04; (ix) the ~~remaining Unpaid Investor Interest Shortfall after~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~distribution on~~ Depositor or the Servicer with respect to the related ~~Payment Date~~Collection Period pursuant to Section 3.01; (x) the amount of any ~~Basis Risk Carryforward in the distribution~~Substitution Adjustment Amounts for such Distribution Date; (xi) the ~~amount~~ amount, if any, to be distributed to the Holder of the ~~remaining Basis Risk Carryforward after giving effect to the related distribution~~Class R Certificate on such Distribution Date; (xii) the ~~Accelerated Principal Payment Amount and~~ Servicing Fee for such Collection Period (as reduced by the ~~portion of it that will be distributed pursuant to Section 8.03(a)(vi) of~~ Compensating Interest for the ~~Indenture~~related Collection Period); (xiii) the ~~Scheduled Principal Collections Payment Amount, separately stating its components~~Compensating Interest for the related Collection Period; (xiv) the amount of ~~any Transfer Deposit Amount paid by~~ all payments or reimbursements to the ~~Sponsor or the Depositor~~ Servicer pursuant to ~~Section 2.02 or 2.04~~Sections 3.03(ii) through (vi); (xv) ~~any accrued Servicing Fees for~~ the ~~Mortgage Loans for previous Collection Periods~~ Overcollateralization Amount, if any, and the ~~Servicing Fee~~ Overcollateralization Release Amount, Targeted Overcollateralization Amount and Monthly Excess Cashflow for such Distribution Date; (xvi) the Applied Realized Loss Amount and Unpaid Realized Loss Amount for each Class of Class M Certificates for such Distribution Date; (xvii) the number of Home Equity Loans outstanding at the beginning and at the end of the related Collection Period; (~~xvi~~xviii) the ~~Investor Loss Amount for~~ Pool Balance as of the end of the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate ~~Asset~~ Principal Balances of ~~Mortgage~~ Home Equity Loans (x) as to which ~~the Minimum Monthly Payment is delinquent for 30-59 days~~one, ~~60-89 days, and 90~~ two or three or more ~~days~~scheduled monthly payments, ~~respectively~~ respectively, are contractually delinquent, and (y) that have become REO, in each case as of the end of such Collection Period; (xx) the ~~preceding~~ Cumulative Realized Losses on the Home Equity Loans as of the end of the related Collection Period; (xxi) the One Payment Delinquency Percentage for the related Collection Period; (xxii) the Two Payment Delinquency Percentage for the related Collection Period; (xxiii) the Two Payment Plus Delinquency Percentage for the related Collection Period; (xxiv) the Two Payment Plus Rolling Average for such Distribution Date; (xxv) the Three Payment Plus Delinquency Percentage for the related Collection Period; (xxvi) the aggregate Principal Balances of Home Equity Loans that were restructured (and delinquency reset) during such Collection Period; (xxvii) the aggregate Principal Balances of Home Equity Loans that were restructured (and delinquency reset) during such Collection Period as a percentage of the Pool Balance as of the end of such Collection Period; (xxviii) whether a ~~Rapid Amortization~~ Servicer Termination Event has occurred since the prior Determination Date, specifying ~~the Rapid Amortization~~ each Servicer Termination Event if one has occurred; (~~xxv~~xxix) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount One-Month LIBOR for the related ~~Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture~~Interest Accrual Period(s); (xxx) the ~~amount to be paid to~~ Formula Rate and Pass-Through Rate for each Class of Offered Certificates, the ~~Master Servicer pursuant to Section 8.03(a)(viii) of~~ Net Rate Cap for the ~~Indenture~~Fixed Rate Certificates and the Net Rate Cap for the Floating Rate Certificates, in each case for such Distribution Date or the related Interest Accrual Period(s), as the case may be; (xxxi) the ~~Maximum Rate~~ Cumulative Loss Percentage for the related Collection ~~Period and the Weighted Average Net Loan Rate for the Mortgage Loans~~Period; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Datewhether a Trigger Event has occurred or is continuing; (xxxiii) whether the ~~related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date;~~Credit Support Depletion Date has occurred; and (xxxiv) such other information as is required by the ~~number~~ Code and ~~principal balances~~ regulations thereunder to be made available to Holders of ~~any Mortgage Loans transferred to~~ the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, Offered Certificates. The Administrator and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the Owner Trustee Paying Agent shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~4.01, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the ~~Master Servicer, the Indenture Trustee~~ Servicer and the ~~Credit Enhancer~~Administrator or as may be required by the rules and regulations of the SEC. The ~~Master~~ Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2007-1), Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2007-2)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, ~~the data necessary to prepare the items below and~~ the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans by the Determination Date for the related Collection Period; (ii) the aggregate amount of (a) Interest Collections and (b) Principal Collections for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the Investor Loss Amount for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread ~~Percentage,~~ Percentage and the Rolling Three Month Excess Spread Percentage for the Payment Date~~; and~~; (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date or Subsequent Closing Date, as applicable; and (xxxviii) in the Servicing Certificate for the first Payment Date, the aggregate Cut-off Asset Balance of Additional Home Equity Loans acquired by the Trust. The Indenture Trustee and the Owner Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Cwabs Inc Revolving Home Eq Loan Asset BKD Notes Ser 2001-B)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare ~~the items below and~~ the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i1) the aggregate amount of collections received on the Mortgage Loans in each Loan Group by the Determination Date for the related Collection Period; (ii2) the aggregate amount of (a) Interest Collections for each Loan Group for the related Collection Period and (b) Principal Collections for each Loan Group for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv3) any accrued Servicing Fees for the Mortgage Loans in each Loan Group for previous Collection Periods and the Servicing Fee for the related Collection Period; (~~xvi~~4) the ~~Investor~~ Liquidation Loss Amount for each Loan Group for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii5) the aggregate Asset Balance of the Mortgage Loans in each Loan Group as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix~~6) ~~[Deleted]~~the Credit Enhancement Draw Amount for each Class of Notes for the related Payment Date; (xx7) the ~~Note Principal Balance and loan factor after giving effect~~ amount to be distributed to the ~~distribution on the related Payment Date~~ Credit Enhancer pursuant to Section 8.03(a)(v), Section 8.03(a)(ix), and ~~to any reduction because~~ Section 8.03(a)(xi) of the ~~Investor Loss Amount~~Indenture, stated separately; (~~xxi)~~ 8) the ~~Transferor~~ Guaranteed Principal ~~Balance and the Available Transferor Subordinated~~ Payment Amount ~~after giving effect to the distribution on~~ for each Class of Notes for the Payment Date; (~~xxii~~9) the aggregate amount of Additional Balances created on the Mortgage Loans in each Loan Group during the previous Collection Period; (~~xxiii~~10) for each Loan Group, the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~11) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average ~~Net~~ Gross Loan Rate for the Mortgage ~~Loans~~Loans in each Loan Group; (~~xxxii~~12) the ~~expected~~ amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group remaining unpaid at the end of the Collection Period preceding the related Collection Period; (13) the amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group made during the related Collection Period and included in the ~~distribution~~ payment on the ~~related~~ Payment ~~Date and~~ Date; (14) the aggregate ~~expected~~ amount of optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group that will remain outstanding as of the close of business on the ~~related~~ Payment Date; (~~xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv~~15) the number and principal balances of any Mortgage Loans transferred from each Loan Group to the Transferor pursuant to Section 2.06; (~~xxxv~~16) with respect to the Collection Account during the Collection Period related to the Payment Date: (A) its balance at the beginning of the Collection Period; (B) deposits of the aggregate Transfer Deposit amount for retransferred Mortgage Loans pursuant to Section 2.06; (C) deposits of ~~all Liquidation Loss Amounts~~ the aggregate Purchase Price for delinquent Mortgage Loans purchased by the Sponsor pursuant to Section 3.06; (D) deposits of the aggregate Purchase Price made by the Sponsor in connection with modification of Mortgage Loans pursuant to Section 3.01; (E) deposits by the Master Servicer to account for losses accrued on Eligible Investments; (F) income accrued on Eligible Investments; (G) deposits of the termination purchase price in connection with termination pursuant to Section 8.01; (H) other deposits; (I) withdrawals of investment income on Eligible Investments; (J) withdrawals for the purchase of Additional Balances; (K) transfers to the Payment Account; (L) other withdrawals; and (M) its balance at the end of the Collection Period; (17) with respect to the first and second Payment Dates, deposits by the Master Servicer with respect to each class of Notes to account for shortfalls in interest collections resulting from the failure of the Mortgage Loans to be fully indexed pursuant to Section 3.03; (18) with respect to the first Payment Date, deposits by the Master Servicer with respect to each class of Notes to account for shortfalls in interest collections resulting from the prefunding mechanism and the longer first Interest Period, pursuant to Section 3.03; (19) with respect to the first Payment Date, the amount of collections on the Mortgage Loans ~~since~~ in each Loan Group for the period between the initial Cut-off Date and ~~whether a Cumulative Loss Test Violation has occurred since~~ the ~~prior Determination~~ Closing Date, specifying the interest and principal portions thereof; (~~xxxvi~~20) Liquidation Expenses and indemnification payments paid to the Master Servicer for the related Collection Period with respect to each Loan Group; (21) Liquidation Expenses and indemnification payments payable to the Master Servicer on the Payment Date from Available Interest Collections pursuant to Section 8.03(a)(x) of the Indenture; (22) the ~~Rolling Six Month Delinquency Rate,~~ weighted average remaining term of the ~~Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date~~Mortgage Loans in each Loan Group; and (~~xxxvii~~23) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for each Loan Group for which the Mortgage Loan File was not delivered to the Custodian acting on behalf Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the Owner Trustee shall conclusively rely ~~upon~~ on the information ~~contained~~ in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this ~~information~~ information, and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture ~~Trustee~~ Trustee, and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-I)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture ~~Trustee,~~ Trustee the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans by the Determination Date for the related Collection Period; (ii) the aggregate amount of (a) Interest Collections and (b) Principal Collections for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Class A Note Interest and the applicable Class A Note Rate for the Class A Notes for the related Class A Note Interest Period and the Class A-IO Certificate Interest and the applicable Class A-IO Certificate Rate for the Class A-IO Certificates for the related Class A-IO Certificate Interest Period; (vii) the amount of the Class A Note Interest that is not payable to the Class A Noteholders because of insufficient Investor Interest Collections and the amount of the Class A-IO Certificate Interest that is not payable to the Class A-IO Certificateholders because of insufficient Investor Interest Collections; (viii) the Class A Note Unpaid ~~Investor~~ Interest Shortfall and the amount of interest on the shortfall at the applicable Class A Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date and the Class A-IO Certificate Unpaid Interest Shortfall and the amount of interest on the shortfall at the applicable Class A-IO Certificate Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Class A Note Unpaid ~~Investor~~ Interest Shortfall after the distribution on the related Payment Date and the remaining Class A-IO Certificate Unpaid Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the ~~Accelerated Principal Payment Amount~~ amount of payment received on the Loan Insurance Policy and the ~~portion~~ amount of ~~it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture~~its remaining coverage; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the Investor Loss Amount for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Class A Notes pursuant to Section ~~8.03(a)(iv~~8.03(a)(vi) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) ~~[Deleted]~~the amount of payments received on the Seller Loss Coverage Obligation and the amount of its remaining coverage; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance ~~and the Available Transferor Subordinated Amount~~ after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v~~8.03(a)(viii) and Section ~~8.03(a)(vii~~8.03(a)(ix) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section ~~8.03(a)(x~~8.03(a)(xi) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section ~~8.03(a)(viii~~8.03(a)(x) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the ~~related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the~~ number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (~~xxxv~~xxxiv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date~~; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date~~; and (~~xxxvii~~xxxv) in the Servicing Certificates for the first ~~and second~~ Payment ~~Dates~~Date, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the Owner Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Cwabs Inc)

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-S)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans in each Loan Group by the Determination Date for the related Collection Period; (ii) the aggregate amount of (a) Interest Collections for each Loan Group for the related Collection Period and (b) Principal Collections for each Loan Group for the related Collection Period;; 30 (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for each Loan Group for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for each Loan Group for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for each Loan Group for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for ~~the~~ each Class of Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the ~~Noteholders~~ Holders of each Class of Notes because of insufficient Investor Interest ~~Collections~~Collections for the related Loan Group; (viii) the Unpaid Investor Interest Shortfall for each Class of Notes and the amount of interest on the shortfall at the applicable Note Rate for each Class of Notes applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall for each Class of Notes after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward for each Class of Notes in the distribution; (xi) the amount of the remaining Basis Risk Carryforward for each Class of Notes after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section ~~8.03(a)(vi~~8.03(a)(vii) of the ~~Indenture~~Indenture for each Loan Group; (xiii) the Scheduled Principal Collections Payment ~~Amount~~Amount for each Loan Group, separately stating its components; (xiv) the amount of any Transfer Deposit Amount for each Loan Group paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued Servicing Fees for the Mortgage Loans in each Loan Group for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the Investor Loss Amount for each Loan Group for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of ~~the~~ each Class of Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans in each Loan Group as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance for each Class of Notes and loan factor after giving effect to the distribution on each Class of Notes on the related Payment Date and to any reduction because of the related Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount for each Loan Group after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans in each Loan Group during the previous Collection Period; (xxiii) for each Loan Group, the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v~~8.03(a)(vi) and Section ~~8.03(a)(vii~~8.03(a)(ix) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for each Class of Notes for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for each Class of Notes for the related Payment Date; (xxix) the amount to be distributed on the Mortgage Loans in each Loan Group to the Transferor pursuant to Section ~~8.03(a)(x~~8.03(a)(xii) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section ~~8.03(a)(viii~~8.03(a)(x) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage ~~Loans~~Loans in each Loan Group; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding on the Mortgage Loans in each Loan Group as of the close of business on the related Payment Date; (xxxiii) the ~~related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the~~ number and principal balances of any Mortgage Loans in each Loan Group transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (~~xxxvii~~xxxiv) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for each Loan Group for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the Owner Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-F)

Servicing Certificate. Not later than each Determination Date, the ~~Master~~ Servicer shall deliver ~~(a)~~ to the ~~Indenture~~ Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying ~~Agent, the Credit Enhancer,~~ Agent and each Rating Agency a Servicing Certificate containing the information set forth below with respect to the Mortgage Loans on an aggregate basis as of the end of the preceding Collection Period and such other information as the Trustee shall reasonably require (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture~~ Trustee and the ~~Master~~ Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, ~~Payment~~ Distribution Date, the series number of the ~~Notes~~Certificates, the date of this Agreement, and: (i) the ~~aggregate~~ Available Distribution Amount for such Distribution Date, separately stating the amount of ~~collections received on the Mortgage Loans by the Determination Date for the related Collection Period~~Interest Collections and Principal Collections; (ii) the ~~aggregate~~ amount of ~~(a) Interest Collections~~ the distributions to Holders of each Class of Class A and ~~(b) Principal Collections~~ Class M Certificates for such Distribution Date, separately stating the ~~related Collection Period~~portions thereof allocable to interest and allocable to principal; (iii) the ~~Investor Floating Allocation Percentage~~ amount of any Interest Carry Forward Amount for each Class paid on such Distribution Date and the ~~Investor Fixed Allocation Percentage~~ amount of any Interest Carry Forward Amount for each Class remaining after giving effect to the ~~related Collection Period~~distributions on such Distribution Date; (iv) the ~~Investor Interest Collections and Investor~~ amount of any Extra Principal ~~Collections~~ Distribution Amount for ~~the related Collection Period~~such Distribution Date; (v) the ~~Interest Collections that are not Investor Interest Collections and Transferor~~ Principal ~~Collections~~ Distribution Amount for such Distribution Date, separately stating the ~~related Collection Period~~components thereof; (vi) the ~~Note Interest~~ number and aggregate Principal Balance of any Mortgage Loan purchased or substituted by the ~~applicable Note Rate for~~ Seller or the ~~Notes for~~ Servicer with respect to the related ~~Interest Period~~Collection Period pursuant to Section 2.02; (vii) the ~~amount~~ number and aggregate Principal Balance of any Mortgage Loan purchased or substituted by the ~~Note Interest that is not payable~~ Seller or the Servicer with respect to the ~~Noteholders because of insufficient Investor Interest Collections~~related Collection Period pursuant to Section 2.04; (viii) the ~~Unpaid Investor Interest Shortfall~~ number and aggregate Principal Balance of any Mortgage Loan purchased or substituted by the ~~amount of interest on~~ Seller or the ~~shortfall at the applicable Note Rate applicable from time~~ Servicer with respect to ~~time (separately stated) to be distributed on~~ the related ~~Payment Date~~Collection Period pursuant to Section 3.01; (ix) the ~~remaining Unpaid Investor Interest Shortfall after~~ number and aggregate Principal Balance of any Mortgage Loan that the ~~distribution on~~ Servicer has consented to the placement of a senior lien during the related ~~Payment Date~~Collection Period pursuant to Section 3.01(a); (x) the amount of any ~~Basis Risk Carryforward in the distribution~~Substitution Adjustment Amounts for such Distribution Date; (xi) the ~~amount of the remaining Basis Risk Carryforward after giving effect to~~ Servicing Fee for the related ~~distribution~~Collection Period and any accrued amounts thereof that remain unpaid for previous Collection Periods; (xii) the ~~Accelerated Principal Payment Amount~~ Realized Losses for such Collection Period and the ~~portion~~ amount of ~~it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture~~such losses, if any, constituting Applied Realized Loss Amounts; (xiii) the ~~Scheduled Principal Collections Payment Amount~~amount, ~~separately stating its components~~if any, to be distributed to the Class R Certificateholders on such Distribution Date; (xiv) the ~~amount of any Transfer Deposit~~ Overcollateralization Amount, Overcollateralization Deficiency, the Overcollateralization Release Amount, the Targeted Overcollateralization Amount ~~paid by~~ and the ~~Sponsor or the Depositor pursuant to Section 2.02 or 2.04~~Monthly Excess Cashflow for such Distribution Date; (xv) ~~any accrued Servicing Fees for~~ the number of Mortgage Loans ~~for previous Collection Periods~~ outstanding at the beginning and at the ~~Servicing Fee for~~ end of the related Collection Period; (xvi) the ~~Investor Loss Amount for~~ Pool Balance as of the end of the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Certificate Principal Balance of each Class of Certificates and the ~~Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor~~ Pool Factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment such Distribution Date; (~~xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii~~xviii) the number and aggregate ~~Asset~~ Principal Balances of Mortgage Loans (x) as to which the ~~Minimum Monthly Payment~~ scheduled monthly payment is contractually delinquent for 30-59 days, 60-89 ~~days,~~ days and 90 or more days, respectively and (y) that have become REO, in each case as of the end of ~~the preceding~~ such Collection Period; (~~xxiv~~xix) the unpaid principal amount of all Mortgage Loans that became Liquidated Mortgage Loans during such Collection Period; (xx) the book value (within the meaning of 12 C.F.R.ss. 571.13 or comparable provision) of any real estate xxxxxxxx through foreclosure or grant of a deed in lieu of foreclosure; (xxi) whether a ~~Rapid Amortization~~ Trigger Event has occurred or is continuing; (xxii) the 60 Day Delinquency Percentage for the related Collection Period; (xxiii) the 60 Day+ Rolling Average for such Distribution Date; (xxiv) such other information as is required by the Code and regulations thereunder to be made available to Holders of the Regular Certificates; and (xxv) whether an Event of Default has occurred since the prior Determination Date, specifying ~~the Rapid Amortization~~ each such Event of Default if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The ~~Indenture Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~5.01, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the ~~Master Servicer, the Indenture Trustee~~ Servicer and the ~~Credit Enhancer~~Trustee or as may be required by the rules and regulations of the Securities and Exchange Commission. The ~~Master~~ Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Compass Asset Acceptance Co)

Servicing Certificate. ~~Not~~ With respect to each Distribution Date, the Servicer shall, not later than ~~each~~ the related Determination Date, ~~the Master Servicer shall~~ deliver ~~(a)~~ to the ~~Indenture~~ Trustee, ~~the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b)~~ to the ~~Indenture Trustee,~~ Certificate Insurer and to the ~~Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each~~ Rating ~~Agency~~ Agencies a Servicing Certificate (substantially in ~~written form or~~ the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, Exhibit J stating the related Collection Period, ~~Payment Date,~~ the ~~series number~~ designation of the ~~Notes~~Certificates, the date of this Agreement, ~~and~~and the following information: (i) the aggregate amount of collections received on the Mortgage Loans by on or prior to the Determination Date ~~for the related~~ in respect of such Collection Period; (ii) the aggregate amount of (a) Trust Interest ~~Collections~~ and (b) Principal Collections for ~~the related~~ such Collection Period;: (iii) the Investor Certificateholder's Floating Allocation Percentage and the Investor Fixed Allocation Percentage ~~for~~ as of the ~~related~~ last day of such Collection Period; (iv) the Investor Interest Collections ~~and Investor Principal Collections~~ for ~~the related~~ such Collection Period; (v) the ~~Interest Collections that are not~~ Investor ~~Interest Collections and Transferor~~ Principal Collections for ~~the related~~ such Collection Period; (vi) the ~~Note~~ aggregate amount of (a) Trust Interest and (b) Principal Collections paid to the ~~applicable Note Rate~~ Transferor Certificateholder for ~~the Notes for the related Interest~~ such Collection Period; (vii) Investor Certificate Interest and the ~~amount of~~ Investor Certificate Rate for the ~~Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections~~related Accrual Period; (viii) the amount, if any, of such Investor Certificate Interest that is not payable on account of insufficient Investor Interest Collections, funds on deposit in the Spread Account, and amounts under the Certificate Insurance Policy; (ix) the portion of the Unpaid Investor Certificate Interest ~~Shortfall and the amount of~~ Shortfall, if any, plus interest ~~on the shortfall~~ thereon at the ~~applicable Note~~ Certificate Rate applicable from time to time (separately stated) to be distributed on ~~the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment~~ such Distribution Date; (x) the ~~amount of any Basis Risk Carryforward in~~ Unpaid Investor Certificate Interest Shortfall, if any, to remain after the ~~distribution~~distribution on such Distribution Date; (xi) the ~~amount of the remaining Basis Risk Carryforward after giving effect to the related distribution~~Scheduled Principal Collections Distribution Amount; (xii) the ~~Accelerated Principal Payment~~ sum of (x) the aggregate Reassignment Deposit Amount ~~and~~ for any Mortgage Loans which are required to be removed on the ~~portion of it that will be distributed~~ Business Day immediately preceding such Distribution Date pursuant to Section ~~8.03(a)(vi~~2.2(c), 2.4(b) of or 3.1 and (y) any Substitution Adjustment Amounts required to be deposited into the ~~Indenture~~Certificate Account on the Business Day immediately preceding such Distribution Date pursuant to Section 2.2(c), 2.4(b) or 3.1; (xiii) the ~~Scheduled Principal Collections Payment Amount~~aggregate amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the Investor Loss Amount for the related Collection Period; (xvii) the aggregate amount if any, of Investor Loss Reduction Amounts for previous ~~Payment~~ Distribution Dates that have not been previously reimbursed to ~~the Holders of the Notes~~ Investor Certificateholders pursuant to Section ~~8.03(a)(iv) of the Indenture~~5.1(a)(vi); (~~xviii~~xiv) the aggregate ~~Asset~~ Trust Balance of the Mortgage ~~Loans~~ Loans, as of the end of the preceding Collection Period and the end of the second preceding Collection Period; (xv) the Pool Balance as of the end of the preceding Collection Period and the Pool Balance as of the end of the second preceding Collection Period; (~~xix~~xvi) ~~[Deleted]~~the Invested Amount as of the end of such Collection Period; (xxxvii) the ~~Note~~ Investor Certificate Principal Balance prior to and ~~loan factor~~ after giving effect to the distribution on ~~the related Payment Date and to any reduction because of the Investor Loss Amount~~such Distribution Date; (~~xxi~~xviii) the Transferor Principal Balance ~~and~~ as of the ~~Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date~~end of such Collection Period; (~~xxii~~xix) the aggregate amount of Additional Balances created ~~on the Mortgage Loans~~ during ~~the previous~~ such Collection Period; (~~xxiii~~xx) the ~~number and~~ aggregate ~~Asset~~ of the Trust Balances ~~of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case~~ as of the end of ~~the preceding~~ such Collection ~~Period~~Period of all Mortgage Loans which became Liquidated Mortgage Loans for such Distribution Date; (~~xxiv~~xxi) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying ~~the~~ each such Rapid Amortization Event if one has ~~occurred~~occurre d; (~~xxv~~xxii) whether an Event of ~~Servicing Termination~~ Default has occurred since the prior Determination Date, specifying ~~the~~ each such Event of ~~Servicing Termination~~ Default if one has occurred; (xxiii) the amount to be distributed to the Certificate Insurer pursuant to Section 5.1(a)(iv); (xxiv) the amount to be distributed to the Spread Account pursuant to Section 5.1(a)(viii); (xxv) the Certificate Insurance Draw Amount, if any, for such Distribution Date; (xxvi) the amount to be distributed to the ~~Credit Enhancer~~ Transferor Certificateholder pursuant to Section ~~8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately~~5.1(a)(xi); (xxvii) the ~~Guaranteed Principal Payment~~ Pre-Funded Amount ~~for the Payment~~ as of such Distribution Date; (xxviii) the ~~Credit Enhancement Draw Amount~~ amount of Pre-Funding Earnings, if any, to be deposited in the Certificate Account for ~~the related Payment~~ such Distribution Date; (xxix) the amount ~~to be distributed to~~ of funds on deposit in the ~~Transferor pursuant to Section 8.03(a)(x) of~~ Spread Account and the ~~Indenture~~applicable Spread Account Maximum; (xxx) the ~~amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii)~~ aggregate of the ~~Indenture~~Trust Balances of the Subsequent Mortgage Loans purchased during such Collection Period; (xxxi) the ~~Maximum Rate for~~ amount on deposit in the ~~related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans~~Capitalized Interest Account as of such Distribution Date; (xxxii) the ~~expected amount of any optional advances pursuant~~ Capitalized Interest Requirement to ~~Section 4.03 by the Master Servicer included~~ be deposited in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Certificate Account for such Distribution Date; (xxxiii) the ~~related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances~~ amount of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Basis Risk Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the Owner Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agenciesthen due.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chevy Chase Bank FSB)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver ~~(a)~~ to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the ~~Credit Enhancer,~~ Insurer and each Rating Agency a Servicing Certificate containing the information set forth below with respect to the Home Equity Loans on an aggregate basis as of the end of the preceding Collection Period and such other information as the Indenture Trustee shall reasonably require (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture ~~Trustee and~~ Trustee, the Master ~~Servicer~~Servicer and (so long as no Insurer Default exists and is continuing) the Insurer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the ~~aggregate~~ Available Payment Amount for such Payment Date, separately stating the amount of ~~collections received on the Mortgage Loans by the Determination Date for the related Collection Period~~Interest Collections and Principal Collections; (ii) the ~~aggregate~~ amount of ~~(a) Interest Collections~~ the payments to Holders of the Notes for such Payment Date, separately stating the portions thereof allocable to interest and ~~(b) Principal Collections for the related Collection Period~~allocable to principal; (iii) the ~~Investor Floating Allocation Percentage~~ amount of any Interest Carry Forward Amount and Supplemental Interest Amount for the Notes paid on such Payment Date and the ~~Investor Fixed Allocation Percentage~~ amount of any Interest Carry Forward Amount or Supplemental Interest Amount for the ~~related Collection Period~~Notes remaining after giving effect to the payments on such Payment Date; (iv) the ~~Investor Interest Collections~~ Note Principal Amount, the Pool Balance as reported in the prior Indenture Trustee's Statement to Noteholders or, in the case of the first Determination Date, the Original Note Principal Amount and ~~Investor Principal Collections for~~ the ~~related Collection Period~~Cut-Off Date Pool Balance; (v) the ~~Interest Collections that are not Investor Interest Collections~~ number and ~~Transferor~~ aggregate Principal ~~Collections for~~ Balance of any Home Equity Loan purchased or substituted by the Depositor or the Master Servicer with respect to the related Collection ~~Period~~Period pursuant to Section 2.02; (vi) the ~~Note Interest~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~applicable Note Rate for~~ Depositor or the ~~Notes for~~ Master Servicer with respect to the related ~~Interest Period~~Collection Period pursuant to Section 2.04; (vii) the ~~amount~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~Note Interest that is not payable~~ Depositor or the Master Servicer with respect to the ~~Noteholders because of insufficient Investor Interest Collections~~related Collection Period pursuant to Section 3.01; (viii) the ~~Unpaid Investor Interest Shortfall~~ number and aggregate Principal Balance of any Home Equity Loan that the ~~amount~~ Master Servicer has consented to the placement of ~~interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on~~ a senior lien during the related ~~Payment Date~~Collection Period pursuant to Section 3.01(a); (ix) the ~~remaining Unpaid Investor Interest Shortfall after the distribution on the related~~ amount of any Substitution Adjustment Amounts for such Payment Date; (x) the amount of ~~any Basis Risk Carryforward in~~ the ~~distribution~~Insured Amounts, if any, to be paid on the related Payment Date; (xi) the amount to be paid to the Transferor in respect of the ~~remaining Basis Risk Carryforward after giving effect to~~ Ownership Interest for the related ~~distribution~~Payment Date pursuant to Section 5.01(a)(viii); (xii) the ~~Accelerated~~ Note Principal Amount after giving effect to the payment to be made on the related Payment ~~Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture~~Date; (xiii) the ~~Scheduled Principal Collections Payment Amount, separately stating its components~~Servicing Fee for the related Collection Period and any accrued amounts thereof that remain unpaid for previous Collection Periods; (xiv) the amount of ~~any Transfer Deposit Amount paid by~~ all payments or reimbursements to the ~~Sponsor or the Depositor~~ Master Servicer pursuant to ~~Section 2.02 or 2.04~~Sections 3.03; (xv) ~~any accrued Servicing Fees for~~ the ~~Mortgage Loans for previous Collection Periods~~ Overcollateralization Amount, the Interim Overcollateralization Amount, the Interim Overcollateralization Deficiency, the Overcollateralization Release Amount, the Targeted Overcollateralization Amount, the Excess Cashflow and the ~~Servicing Fee~~ Distributable Excess Cashflow for such Payment Date; (xvi) the amount of Distributable Excess Cashflow to be paid to the Noteholders on such Payment Date pursuant to Section 5.01(a)(iv) on such Payment Date; (xvii) the number of Home Equity Loans outstanding at the beginning and at the end of the related Collection Period; (~~xvi~~xviii) the ~~Investor Loss Amount for~~ Pool Balance as of the end of the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate ~~Asset~~ Principal Balances of ~~Mortgage~~ Home Equity Loans (x) as to which the ~~Minimum Monthly Payment~~ scheduled monthly payment is contractually delinquent for 30-59 days, 60-89 ~~days,~~ days and 90 or more days, ~~respectively~~ respectively, and (y) that have become REO, in each case as of the end of such Collection Period; (xx) the ~~preceding~~ unpaid principal amount of all Home Equity Loans that became Liquidated Home Equity Loans during such Collection Period; (xxi) the Cumulative Realized Losses on the Home Equity Loans; (xxii) the book value of any real estate acquired through foreclosure or grant of a deed in lieu of foreclosure; (xxiii) the Ninety Day-Plus Delinquency Percentage for the related Collection Period; (xxiv) the Ninety Day-Plus Rolling Average for such Payment Date; (xxv) LIBOR for such Payment Date; (xxvi) whether a ~~Rapid Amortization~~ Master Servicer Termination Event has occurred since the prior Determination Date, specifying ~~the Rapid Amortization~~ each such Master Servicer Termination Event if one has occurred; (~~xxv~~xxvii) whether an Event of ~~Servicing Termination~~ Default has occurred ~~since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v)~~ and ~~Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date~~is continuing; (xxviii) the ~~Credit Enhancement Draw Amount~~ Formula Rate, the Available Funds Cap and the Note Rate for ~~the related~~ such Payment Date; (xxix) the amount ~~to be distributed to~~ of any Skip-A-Pay Advances for the ~~Transferor pursuant to Section 8.03(a)(x) of the Indenture~~related Collection Period; (xxx) the ~~amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate~~ Skip-A-Pay Reimbursement Amount for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the such Payment Date; and (~~xxxvii~~xxxi) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing DateCumulative Loss Percentage. The Indenture ~~Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making ~~distributions~~ payments pursuant to Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~5.01, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee and, so long as no Insurer Default exists and is continuing, the ~~Credit Enhancer~~Insurer or as may be required by the rules and regulations of the Securities and Exchange Commission. The Master Servicer shall give notice of any ~~changes~~ such change to the Rating ~~Agencies~~Agencies and the Insurer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (HFC Revolving Corp Household Home Equity Loan Trust 2002-3)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans by the Determination Date for the related Collection Period; (ii) the aggregate amount of (a) Interest Collections and (b) Principal Collections for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the Investor Loss Amount for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the ~~Rolling Six Month Delinquency Rate, the~~ Spread ~~Rate, the Excess Spread Percentage,~~ Rate and the ~~Rolling Three Month~~ Excess Spread Percentage for the Payment Date~~; and~~; (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date or Subsequent Closing Date, as applicable; (xxxviii) in the Servicing Certificate for the first Payment Date, the aggregate Cut-off Asset Balance of Additional Home Equity Loans acquired by the Trust; (xxxix) the number and aggregate Asset Balances of Mortgage Loans as to which the Minimum Monthly Payment is delinquent for 180 or more days; (xl) the number and aggregate Asset Balances of Mortgage Loans that are in foreclosure; and (xli) the sum of the Asset Balances for the three largest outstanding Mortgage Loans. The Indenture Trustee and the Owner Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Cwabs Inc)

Servicing Certificate. ~~Not later than~~ With respect to each Payment Date, on each related Determination Date, the Master Servicer shall ~~deliver (a)~~ forward to the Depositor and the Indenture Trustee, ~~the data necessary to prepare the items below~~ and the ~~statement for Noteholders required to be prepared~~ Indenture Trustee, pursuant to Section ~~4.04 and (b)~~ 3.25 of the Indenture, shall make available to ~~the Indenture Trustee~~each Securityholder, the Owner Trustee, each Paying Agent (if other than the ~~Sponsor~~Indenture Trustee), ~~the Depositor, the Paying Agent, the Credit Enhancer, and~~ each Rating Agency and, in the case of the Mortgage Loans assigned to Group I so long as the Policy is outstanding or amounts are owed to the Enhancer under the Insurance Agreement, the Enhancer, a Servicing Certificate ~~(in written form or~~ setting forth the ~~form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer)~~following information, ~~together with an Officer's Certificate~~ to the ~~effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and~~extent applicable: (ia) the aggregate amount of ~~collections~~ Collections received on the Mortgage Loans ~~by the Determination Date for~~ during the related Collection Period; (iib) the aggregate amount of (ai) Interest Collections and (bii) Principal Collections and, in the case of the Managed Amortization Period, Net Principal Collections (in each case stated separately for each Group and also in the ~~related~~ aggregate) for such Collection Period; (~~iii~~c) the ~~Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage~~ Principal Collection Distribution Amount for ~~the related~~ such Collection Period; (ivd) the ~~Investor Interest Collections~~ amount distributable to each Class of Offered Notes and ~~Investor Principal Collections for~~ the ~~related Collection Period~~Variable Funding Notes in respect of interest; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (xe) the amount of any ~~Basis Risk Carryforward in the distribution~~Interest Carry-Forward Amounts; (xif) the Policy Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the ~~remaining Basis Risk Carryforward after giving effect to the related distribution~~Policy thereunder not yet reimbursed; (~~xii~~g) the ~~Accelerated Principal Payment Amount and the portion of it that will~~ amount, if any, to be distributed ~~pursuant~~ to ~~Section 8.03(a)(vi) of~~ the ~~Indenture~~Certificateholders; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xvh) any accrued and unpaid Servicing Fees ~~for the Mortgage Loans~~ for previous Collection Periods and the Servicing Fee for ~~the related~~ such Collection Period; (~~xvi~~i) the ~~Investor~~ Excess Spread, if any, for such Collection Period (stated separately for each Group); (j) the Liquidation Loss Amount and Principal Balance of Liquidated Mortgage Loans (in each case stated separately for each Group and also in the ~~related~~ aggregate) for (i) such Collection Period, (ii) such Collection Period and the immediately preceding eleven Collection Periods and (iii) such Collection Period and all previous Collection Periods and any Overcollateralization Increase Amounts and Overcollateralization Release Amounts for such Collection Period; (~~xvii~~k) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Principal Balance of the Mortgage Loans (stated separately for each Group and also in the aggregate) as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix) [Deleted]; (xx~~l) the Offered Note ~~Principal~~ Balance and ~~loan factor~~ the Variable Funding Balance for each Class of Notes after giving effect to ~~the~~ any distribution on ~~the related~~ such Payment Date and to any reduction ~~because~~ on account of ~~the Investor~~ Liquidation Loss ~~Amount~~Amounts; (~~xxi~~m) the ~~Transferor Principal Balance~~ Overcollateralization Amount and the ~~Available Transferor Subordinated~~ Overcollateralization Target Amount ~~after giving effect to~~ and whether the ~~distribution on the Payment Date~~Loss and Delinquency Test has not been satisfied; (~~xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii~~n) the number and aggregate ~~Asset~~ Principal Balances of Mortgage Loans (xin each case stated separately for each Group and also in the aggregate) (i) as to which the ~~Minimum~~ related Monthly Payment is delinquent for 30-59 days, 60-89 days and 90 or more days and, as to HELOCs in Group I, is 180 days or more delinquent, respectively, those Mortgage Loans in foreclosure, and those Mortgage Loans as to which the related Mortgagor has commenced bankruptcy proceedings and (ii) that have become related to REO Property, in each case as of the end of the preceding Collection Period; in addition, with respect to the High LTV Mortgage Loans, the number and aggregate Principal Balance of Mortgage Loans as to which the related monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days, 150-179 days and 90 180 days or more ~~days~~separately identifying for each bucket those Mortgage Loans subject to bankruptcy proceedings, ~~respectively and (y)~~ those Mortgage Loans that have become ~~REO, in each case as of~~ related to REO Property and the remaining (“purely delinquent”) Mortgage Loans. (o) prior to the end of the Managed Amortization Period with respect to Group I, the aggregate amount of Additional Balances, if any, (i) created and (ii) purchased during the preceding Collection Period; (~~xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv~~p) whether an ~~Event of Servicing Termination has occurred since the prior Determination Date~~Amortization Event, specifying ~~the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture~~such event, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (~~xxxvi~~q) whether a Servicing Default has occurred since the prior Determination Date, specifying such Servicing Default; (r) the ~~Rolling Six Month Delinquency Rate~~Net Loan Rate for the related Collection Period; (s) the amount of any Interest Rate Cap Agreement Payments; (t) the Group I Excess Cash Rate for such Collection Period; (u) for Group I only, the ~~Spread Rate~~sum of the Principal Balances of the three largest Mortgage Loans in Group I as of the last day of such Collection Period; (v) for Group I only, the ~~Excess Spread Percentage, and the~~ Group I Rolling ~~Three~~ Twelve-Month ~~Excess Spread~~ Liquidation Loss Amount Percentage for such Collection Period; (w) for Group I only, the ~~Payment Date~~Group I Rolling Three-Month Average 90-Day Delinquency Rate for such Collection Period; and (~~xxxvii~~x) in the ~~Servicing Certificates~~ Group I Loss Percentage for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Datesuch Collection Period. The Indenture ~~Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03~~ 3.05 of the ~~Indenture or distributions on the Transferor Certificates~~Indenture, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee ~~and~~ and, in the ~~Credit~~ case of the Mortgage Loans in Group I, the Enhancer. The Master Servicer shall give notice of any ~~changes~~ such change to each Rating Agency. The amounts furnished pursuant to clauses (d) above shall be expressed as an aggregate dollar amount per each Class of Offered Notes or Variable Funding Notes, as the case may be, with a $1,000 denomination. The Master Servicer shall forward to the ~~Rating Agencies~~Indenture Trustee and, in the case of the Mortgage Loans in Group I, the Enhancer any other information reasonably requested by the Indenture Trustee or, in the case of the Mortgage Loans in Group I, the Enhancer to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Collection Account. The determination by the Master Servicer of such amounts shall be presumptively deemed to be correct for all purposes hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent verification thereof. In addition, upon the Issuer’s written request, the Master Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Master Servicer to enable the Issuer to perform its federal and state income tax reporting obligations.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

Servicing Certificate. ~~Not~~ With respect to each Distribution Date, the Servicer shall, not later than ~~each~~ the related Determination Date, ~~the Master Servicer shall~~ deliver ~~(a)~~ to the ~~Indenture~~ Trustee, ~~the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b)~~ to the ~~Indenture Trustee,~~ Certificate Insurer and to the ~~Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each~~ Rating ~~Agency~~ Agencies a Servicing Certificate (substantially in ~~written form or~~ the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, Exhibit J stating the related Collection Period, ~~Payment Date,~~ the ~~series number~~ designation of the ~~Notes~~Certificates, the date of this Agreement, ~~and~~and the following information: (i) the aggregate amount of collections received on the Mortgage Loans by on or prior to the Determination Date ~~for the related~~ in respect of such Collection Period; (ii) the aggregate amount of (a) Trust Interest ~~Collections~~ and (b) Principal Collections for ~~the related~~ such Collection Period;: (iii) the Investor Certificateholder's Floating Allocation Percentage and the Investor Fixed Allocation Percentage ~~for~~ as of the ~~related~~ last day of such Collection Period; (iv) the Investor Interest Collections ~~and Investor Principal Collections~~ for ~~the related~~ such Collection Period; (v) the ~~Interest Collections that are not~~ Investor ~~Interest Collections and Transferor~~ Principal Collections for ~~the related~~ such Collection Period; (vi) the ~~Note~~ aggregate amount of (a) Trust Interest and (b) Principal Collections paid to the ~~applicable Note Rate~~ Transferor Certificateholder for ~~the Notes for the related Interest~~ such Collection Period; (vii) Investor Certificate Interest and the ~~amount of~~ Investor Certificate Rate for the ~~Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections~~related Accrual Period; (viii) the amount, if any, of such Investor Certificate Interest that is not payable on account of insufficient Investor Interest Collections and amounts under the Certificate Insurance Policy; (ix) the portion of the Unpaid Investor Certificate Interest ~~Shortfall and the amount of~~ Shortfall, if any, plus interest ~~on the shortfall~~ thereon at the ~~applicable Note~~ Certificate Rate applicable from time to time (separately stated) to be distributed on ~~the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment~~ such Distribution Date; (x) the ~~amount of any Basis Risk Carryforward in~~ Unpaid Investor Certificate Interest Shortfall, if any, to remain after the ~~distribution~~distribution on such Distribution Date; (xi) the ~~amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the~~ Accelerated Principal ~~Payment~~ Distribution Amount and the portion ~~of it~~ thereof that will be distributed pursuant to Section ~~8.03(a)(vi~~5.1(a)(viii); (xii) of the ~~Indenture~~Scheduled Principal Collections Distribution Amount; (xiii) the ~~Scheduled Principal Collections Payment Amount~~sum of (x) the aggregate Reassignment Deposit Amount for any Mortgage Loans which are required to be removed on the Business Day immediately preceding such Distribution Date pursuant to Section 2.2(c), ~~separately stating its components~~2.4(b) or 3.1 and (y) any Substitution Adjustment Amounts required to be deposited into the Certificate Account on the Business Day immediately preceding such Distribution Date pursuant to Section 2.2(c), 2.4(b) or 3.1; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the Investor Loss Amount for the related Collection Period; (xvii) the aggregate ~~amount~~ amount, if any, of Investor Loss Reduction Amounts for previous ~~Payment~~ Distribution Dates that have not been previously reimbursed to ~~the Holders of the Notes~~ Investor Certificateholders pursuant to Section ~~8.03(a)(iv) of the Indenture~~5.1(a)(vi); (~~xviii~~xv) the aggregate ~~Asset~~ Trust Balance of the Mortgage ~~Loans~~ Loans, as of the end of the preceding Collection Period and the end of the second preceding Collection Period; (xvi) the Pool Balance as of the end of the preceding Collection Period and the Pool Balance as of the end of the second preceding Collection Period; (~~xix~~xvii) ~~[Deleted]~~the Invested Amount as of the end of such Collection Period; (xxxviii) the ~~Note~~ Investor Certificate Principal Balance prior to and ~~loan factor~~ after giving effect to the distribution on ~~the related Payment Date and to any reduction because of the Investor Loss Amount~~such Distribution Date; (~~xxi~~xix) the Transferor Principal Balance ~~and~~ as of the ~~Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date~~end of such Collection Period; (~~xxii~~xx) the aggregate amount of Additional Balances created ~~on the Mortgage Loans~~ during ~~the previous~~ such Collection Period; (~~xxiii~~xxi) the ~~number and~~ aggregate ~~Asset~~ of the Trust Balances ~~of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case~~ as of the end of ~~the preceding~~ such Collection ~~Period~~Period of all Mortgage Loans which became Liquidated Mortgage Loans for such Distribution Date; (~~xxiv~~xxii) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying ~~the~~ each such Rapid Amortization Event if one has occurred; (~~xxv~~xxiii) whether an Event of ~~Servicing Termination~~ Default has occurred since the prior Determination Date, specifying ~~the~~ each such Event of ~~Servicing Termination~~ Default if one has occurred; (xxiv) the amount to be distributed to the Certificate Insurer pursuant to Section 5.1(a)(iv); (xxv) the Certificate Insurance Draw Amount, if any, for such Distribution Date; (xxvi) the amount to be distributed to the ~~Credit Enhancer~~ Transferor Certificateholder pursuant to Section ~~8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately~~5.1(a)(x); (xxvii) the ~~Guaranteed Principal Payment~~ Pre-Funded Amount ~~for the Payment~~ as of such Distribution Date; (xxviii) the ~~Credit Enhancement Draw Amount~~ amount of Pre-Funding Earnings, if any, to be deposited in the Certificate Account for ~~the related Payment~~ such Distribution Date; (xxix) the ~~amount to be distributed to the Transferor pursuant to Section 8.03(a)(x)~~ aggregate of the ~~Indenture~~Trust Balances of the Subsequent Mortgage Loans purchased during such Collection Period; (xxx) the amount ~~to be paid to~~ on deposit in the ~~Master Servicer pursuant to Section 8.03(a)(viii)~~ Capitalized Interest Account as of ~~the Indenture~~such Distribution Date; (xxxi) the ~~Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant~~ Capitalized Interest Requirement to ~~Section 4.03 by the Master Servicer included~~ be deposited in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Certificate Account for such Distribution Date; (xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the Owner Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capitol Revolving Home Equity Loan Trust 1996-1)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare ~~the items below and~~ the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent~~, the Credit Enhancer~~, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's ’s Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i1) the aggregate amount of collections received on the Mortgage Loans by the Determination Date for the related Collection Period; (ii2) the aggregate amount of (a) Interest Collections for the related Collection Period and (b) Principal Collections for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv3) any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection Period; (~~xvi~~4) the ~~Investor~~ Liquidation Loss Amount for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii5) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix~~6) [~~Deleted~~RESERVED]; (xx7) ~~the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount;~~[RESERVED] (~~xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date;~~8) [RESERVED] (~~xxii~~9) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (~~xxiii~~10) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~11) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average ~~Net~~ Gross Loan Rate for the Mortgage Loans; (~~xxxii~~12) the ~~expected~~ amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans remaining unpaid at the end of the Collection Period preceding the related Collection Period; (13) the amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans made during the related Collection Period and included in the ~~distribution~~ payment on the ~~related~~ Payment ~~Date and~~ Date; (14) the aggregate ~~expected~~ amount of optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans that will remain outstanding as of the close of business on the ~~related~~ Payment Date; (~~xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv~~15) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (~~xxxv~~16) with respect to the Collection Account during the Collection Period related to the Payment Date: (A) its balance at the beginning of the Collection Period; (B) deposits of the aggregate Transfer Deposit amount for retransferred Mortgage Loans pursuant to Section 2.06; (C) deposits of ~~all Liquidation Loss Amounts~~ the aggregate Purchase Price for delinquent Mortgage Loans purchased by the Sponsor pursuant to Section 3.06; (D) deposits of the aggregate Purchase Price made by the Sponsor in connection with modification of Mortgage Loans pursuant to Section 3.01; (E) deposits by the Master Servicer to account for losses accrued on Eligible Investments; (F) income accrued on Eligible Investments; (G) deposits of the termination purchase price in connection with termination pursuant to Section 8.01; (H) other deposits; (I) withdrawals of investment income on Eligible Investments; (J) withdrawals for the purchase of Additional Balances; (K) transfers to the Payment Account; (L) other withdrawals; and (M) its balance at the end of the Collection Period; (17) with respect to the first and second Payment Dates, deposits by the Master Servicer to account for shortfalls in interest collections resulting from the failure of the Mortgage Loans to be fully indexed pursuant to Section 3.03; (18) [Reserved]; (19) with respect to the first Payment Date, the amount of collections on the Mortgage Loans ~~since~~ for the period between the Cut-off Date and ~~whether a Cumulative Loss Test Violation has occurred since~~ the ~~prior Determination~~ Closing Date, specifying the interest and principal portions thereof; (~~xxxvi~~20) Liquidation Expenses and indemnification payments paid to the Master Servicer for the related Collection Period; (21) Liquidation Expenses and indemnification payments payable to the Master Servicer on the Payment Date from Available Interest Collections pursuant to Section 8.03(a)(vii) of the Indenture; (22) the ~~Rolling Six Month Delinquency Rate,~~ weighted average remaining term of the ~~Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date~~Mortgage Loans; and (~~xxxvii~~23) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Custodian acting on behalf of the Indenture Trustee within 30 days of the Closing Date. (24) the number and aggregate Asset Balances of Mortgage Loans that are in foreclosure; (25) the number and aggregate Asset Balances of Mortgage Loans for which the Master Servicer has received a written notice of the filing of bankruptcy or insolvency proceedings with respect to the mortgagor; (26) the sum of the Asset Balances for the three largest outstanding Mortgage Loans; and (27) [Reserved]. The Indenture Trustee and the Owner Trustee shall conclusively rely ~~upon~~ on the information ~~contained~~ in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this ~~information~~ information, and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master ~~Servicer,~~ Servicer and the Indenture ~~Trustee and the Credit Enhancer~~Trustee. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-G)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare ~~the items below and~~ the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i1) the aggregate amount of collections received on the Mortgage Loans in each Loan Group by the Determination Date for the related Collection Period; (ii2) the aggregate amount of (a) Interest Collections for each Loan Group for the related Collection Period and (b) Principal Collections for each Loan Group for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv3) any accrued Servicing Fees for the Mortgage Loans in each Loan Group for previous Collection Periods and the Servicing Fee for the related Collection Period; (~~xvi~~4) the ~~Investor~~ Liquidation Loss Amount for each Loan Group for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii5) the aggregate Asset Balance of the Mortgage Loans in each Loan Group as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix~~6) ~~[Deleted]~~the Credit Enhancement Draw Amount for each Class of Notes for the related Payment Date; (xx7) the ~~Note Principal Balance and loan factor after giving effect~~ amount to be distributed to the ~~distribution on the related Payment Date~~ Credit Enhancer pursuant to Section 8.03(a)(v), Section 8.03(a)(ix), and ~~to any reduction because~~ Section 8.03(a)(xi) of the ~~Investor Loss Amount~~Indenture, stated separately; (~~xxi)~~ 8) the ~~Transferor~~ Guaranteed Principal ~~Balance and the Available Transferor Subordinated~~ Payment Amount ~~after giving effect to the distribution on~~ for each Class of Notes for the Payment Date; (~~xxii~~9) the Credit Enhancement Draw Amount for each Class of Notes for the related Payment Date; (10) the aggregate amount of Additional Balances created on the Mortgage Loans in each Loan Group during the previous Collection Period; (~~xxiii~~11) for each Loan Group, the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~12) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average ~~Net~~ Gross Loan Rate for the Mortgage ~~Loans~~Loans in each Loan Group; (~~xxxii~~13) the ~~expected~~ amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group remaining unpaid at the end of the Collection Period preceding the related Collection Period; (14) the amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group made during the related Collection Period and included in the ~~distribution~~ payment on the ~~related~~ Payment ~~Date and~~ Date; (15) the aggregate ~~expected~~ amount of optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group that will remain outstanding as of the close of business on the ~~related~~ Payment Date; (~~xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv~~16) the number and principal balances of any Mortgage Loans transferred from each Loan Group to the Transferor pursuant to Section 2.06; (~~xxxv~~17) with respect to the Collection Account during the Collection Period related to the Payment Date: (A) its balance at the beginning of the Collection Period; (B) deposits of the aggregate Transfer Deposit amount for retransferred Mortgage Loans pursuant to Section 2.06; (C) deposits of ~~all Liquidation Loss Amounts~~ the aggregate Purchase Price for delinquent Mortgage Loans purchased by the Sponsor pursuant to Section 3.06; (D) deposits of the aggregate Purchase Price made by the Sponsor in connection with modification of Mortgage Loans pursuant to Section 3.01; (E) deposits by the Master Servicer to account for losses accrued on Eligible Investments; (F) income accrued on Eligible Investments; (G) deposits of the termination purchase price in connection with termination pursuant to Section 8.01; (H) other deposits; (I) withdrawals of investment income on Eligible Investments; (J) withdrawals for the purchase of Additional Balances; (K) transfers to the Payment Account; (L) other withdrawals; and (M) its balance at the end of the Collection Period; (18) with respect to the first and second Payment Dates, deposits by the Master Servicer with respect to each class of Notes to account for shortfalls in interest collections resulting from the failure of the Mortgage Loans to be fully indexed pursuant to Section 3.03; (19) with respect to the first Payment Date, deposits by the Master Servicer with respect to each class of Notes to account for shortfalls in interest collections resulting from the prefunding mechanism and the longer first Interest Period, pursuant to Section 3.03; (20) with respect to the first Payment Date, the amount of collections on the Mortgage Loans ~~since~~ in each Loan Group for the period between the initial Cut-off Date and ~~whether a Cumulative Loss Test Violation has occurred since~~ the ~~prior Determination~~ Closing Date, specifying the interest and principal portions thereof; (~~xxxvi~~21) Liquidation Expenses and indemnification payments paid to the Master Servicer for the related Collection Period with respect to each Loan Group; (22) Liquidation Expenses and indemnification payments payable to the Master Servicer on the Payment Date from Available Interest Collections pursuant to Section 8.03(a)(x) of the Indenture; (23) the ~~Rolling Six Month Delinquency Rate,~~ weighted average remaining term of the ~~Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and~~Mortgage Loans in each Loan Group; (~~xxxvii~~24) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for each Loan Group for which the Mortgage Loan File was not delivered to the Custodian acting on behalf Indenture Trustee within 30 days of the Closing Date; (25) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group as to which the Minimum Monthly Payment is delinquent for 180 or more days; (26) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group that are in foreclosure; (27) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group for which the Master Servicer has received a written notice of the filing of bankruptcy or insolvency proceedings with respect to the mortgagor; (28) the sum of the Asset Balances for the three largest outstanding Mortgage Loans in each Loan Group; and (29) for each Loan Group, the Required Transferor Subordinated Amount, the Spread Rate, the Excess Spread Percentage, the Delinquency Rate and the Loss Percentage. The Indenture Trustee and the Owner Trustee shall conclusively rely ~~upon~~ on the information ~~contained~~ in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this ~~information~~ information, and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture ~~Trustee~~ Trustee, and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-G)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans in each Loan Group by the Determination Date for the related Collection Period; (ii) the aggregate amount of (a) Interest Collections for each Loan Group for the related Collection Period and (b) Principal Collections for each Loan Group for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for each Loan Group for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for each Loan Group for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for each Loan Group for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for ~~the~~ each Class of Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the ~~Noteholders~~ Holders of each Class of Notes because of insufficient Investor Interest ~~Collections~~Collections for the related Loan Group; (viii) the Unpaid Investor Interest Shortfall for each Class of Notes and the amount of interest on the shortfall at the applicable Note Rate for each Class of Notes applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall for each Class of Notes after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward for each Class of Notes in the distribution; (xi) the amount of the remaining Basis Risk Carryforward for each Class of Notes after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section ~~8.03(a)(vi~~8.03(a)(vii) of the ~~Indenture~~Indenture for each Loan Group; (xiii) the Scheduled Principal Collections Payment ~~Amount~~Amount for each Loan Group, separately stating its components; (xiv) the amount of any Transfer Deposit Amount for each Loan Group paid by the Sponsor or the Depositor pursuant to Section ~~2.02 or 2.04~~2.07; (xv) any accrued Servicing Fees for the Mortgage Loans in each Loan Group for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the Investor Loss Amount for each Loan Group for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of ~~the~~ each Class of Notes pursuant to Section 8.03(a)(iv), Section 8.03(a)(viii), or Section 8.03(c) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans in each Loan Group as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance for each Class of Notes and loan factor after giving effect to the ~~distribution~~ payment on each Class of Notes on the related Payment Date and to any reduction because of the related Investor Loss Amount; (xxi) the Transferor ~~Principal Balance~~ Interest and the Available Transferor Subordinated Amount for each Loan Group after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans in each Loan Group during the previous Collection Period; (xxiii) for each Loan Group, the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v)~~ 8.03(a)(vi), Section 8.03(a)(ix), and Section ~~8.03(a)(vii~~8.03(a)(xi) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for each Class of Notes for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for each Class of Notes for the related Payment Date; (xxix) the amount to be distributed on the Mortgage Loans in each Loan Group to the Transferor pursuant to Section ~~8.03(a)(x~~8.03(a)(xiii) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section ~~8.03(a)(viii~~8.03(a)(x) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage ~~Loans~~Loans in each Loan Group; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding on the Mortgage Loans in each Loan Group as of the close of business on the related Payment Date; (xxxiii) the ~~related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the~~ number and principal balances of any Mortgage Loans in each Loan Group transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (~~xxxvii~~xxxiv) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for each Loan Group for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the Owner Trustee shall conclusively rely ~~upon~~ on the information ~~contained~~ in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture ~~Trustee~~ Trustee, and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ, Inc.)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans in each Loan Group by the Determination Date for the related Collection Period; ; (ii) the aggregate amount of (a) Interest Collections for each Loan Group for the related Collection Period and (b) Principal Collections for each Loan Group for the related Collection Period; ; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for each Loan Group for the related Collection Period; ; (iv) the Investor Interest Collections and Investor Principal Collections for each Loan Group for the related Collection Period; ; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for each Loan Group for the related Collection Period; ; (vi) the Note Interest and the applicable Note Rate for ~~the~~ each Class of Notes for the related Interest Period; ; (vii) the amount of the Note Interest that is not payable to the ~~Noteholders~~ Holders of each Class of Notes because of insufficient Investor Interest ~~Collections;~~ Collections for the related Loan Group; (viii) the Unpaid Investor Interest Shortfall for each Class of Notes and the amount of interest on the shortfall at the applicable Note Rate for each Class of Notes applicable from time to time (separately stated) to be distributed on the related Payment Date; ; (ix) the remaining Unpaid Investor Interest Shortfall for each Class of Notes after the distribution on the related Payment Date; ; (x) the amount of any Basis Risk Carryforward for each Class of Notes in the distribution; ; (xi) the amount of the remaining Basis Risk Carryforward for each Class of Notes after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the Investor Loss Amount for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the Owner Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-M)

Servicing Certificate. Not later than each Determination Date, the ~~Master~~ Servicer shall deliver ~~(a)~~ to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the DepositorAdministrator, the Paying ~~Agent, the Credit Enhancer,~~ Agent and each Rating Agency a Servicing Certificate containing the information set forth below with respect to the Home Equity Loans on an aggregate basis at the end of the preceding Collection Period (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture Trustee~~ Administrator and the ~~Master~~ Servicer), together with an Officer's ’s Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, ~~Payment~~ Distribution Date, the series number of the ~~Notes~~Certificates, the date of this Agreement, and: (i) the ~~aggregate~~ Available Distribution Amount for such Distribution Date, separately stating the amount of ~~collections received on the Mortgage Loans by the Determination Date for the related Collection Period~~Interest Collections and Principal Collections; (ii) the ~~aggregate~~ amount of ~~(a) Interest Collections~~ the payments due to Holders of each Class of Offered Certificates for such Distribution Date, separately stating the portions thereof allocable to interest and ~~(b) Principal Collections for the related Collection Period~~to principal; (iii) the ~~Investor Floating Allocation Percentage~~ amount of any Interest Carry Forward Amount and Net Rate Carryover Amount for each Class of Offered Certificates to be distributed on such Distribution Date and the ~~Investor Fixed Allocation Percentage~~ amount of any Interest Carry Forward Amount or Net Rate Carryover Amount for each Class of Offered Certificates remaining after giving effect to the ~~related Collection Period~~distributions on such Distribution Date; (iv) the ~~Investor Interest Collections and Investor~~ Principal ~~Collections~~ Distribution Amount for such Distribution Date (and, if applicable, the ~~related Collection Period~~portion thereof consisting of the Extra Principal Distribution Amount for such Distribution Date), separately stating the portion allocable to each Class of Offered Certificates on such Distribution Date; (v) the ~~Interest Collections that are not Investor Interest Collections~~ Certificate Principal Balance of each Class of Offered Certificates, the Pool Balance as reported in the prior Monthly Distribution Statement or, in the case of the first Determination Date, the Original Class Certificate Principal Balance for each Class of Offered Certificates and ~~Transferor Principal Collections for~~ the ~~related Collection Period~~Cut-Off Date Pool Balance; (vi) the ~~Note Interest and~~ Certificate Principal Balance of each Class of Offered Certificates after giving effect to the ~~applicable Note Rate for the Notes for the related Interest Period~~distributions on such Distribution Date; (vii) the ~~amount~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~Note Interest that is not payable~~ Depositor or the Servicer with respect to the ~~Noteholders because of insufficient Investor Interest Collections~~related Collection Period pursuant to Section 2.02; (viii) the ~~Unpaid Investor Interest Shortfall~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~amount of interest on~~ Depositor or the ~~shortfall at the applicable Note Rate applicable from time~~ Servicer with respect to ~~time (separately stated) to be distributed on~~ the related ~~Payment Date~~Collection Period pursuant to Section 2.04; (ix) the ~~remaining Unpaid Investor Interest Shortfall after~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~distribution on~~ Depositor or the Servicer with respect to the related ~~Payment Date~~Collection Period pursuant to Section 3.01; (x) the amount of any ~~Basis Risk Carryforward in the distribution~~Substitution Adjustment Amounts for such Distribution Date; (xi) the ~~amount~~ amount, if any, to be distributed to the Holder of the ~~remaining Basis Risk Carryforward after giving effect to the related distribution~~Class R Certificate on such Distribution Date; (xii) the ~~Accelerated Principal Payment Amount and~~ Servicing Fee for such Collection Period (as reduced by the ~~portion of it that will be distributed pursuant to Section 8.03(a)(vi) of~~ Compensating Interest for the ~~Indenture~~related Collection Period); (xiii) the ~~Scheduled Principal Collections Payment Amount, separately stating its components~~Compensating Interest for the related Collection Period; (xiv) the amount of ~~any Transfer Deposit Amount paid by~~ all payments or reimbursements to the ~~Sponsor or the Depositor~~ Servicer pursuant to ~~Section 2.02 or 2.04~~Sections 3.03(ii) through (vi); (xv) ~~any accrued Servicing Fees for~~ the ~~Mortgage Loans for previous Collection Periods~~ Overcollateralization Amount, if any, and the ~~Servicing Fee~~ Overcollateralization Release Amount, Targeted Overcollateralization Amount and Monthly Excess Cashflow for such Distribution Date; (xvi) the Applied Realized Loss Amount and Unpaid Realized Loss Amount for each Class of Class M Certificates for such Distribution Date; (xvii) the number of Home Equity Loans outstanding at the beginning and at the end of the related Collection Period; (~~xvi~~xviii) the ~~Investor Loss Amount for~~ Pool Balance as of the end of the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate ~~Asset~~ Principal Balances of ~~Mortgage~~ Home Equity Loans (x) as to which ~~the Minimum Monthly Payment is delinquent for 30-59 days~~one, ~~60-89 days, and 90~~ two or three or more ~~days~~scheduled monthly payments, ~~respectively~~ respectively, are contractually delinquent, and (y) that have become REO, in each case as of the end of such Collection Period; (xx) the ~~preceding~~ Cumulative Realized Losses on the Home Equity Loans as of the end of the related Collection Period; (xxi) the One Payment Delinquency Percentage for the related Collection Period; (xxii) the Two Payment Delinquency Percentage for the related Collection Period; (xxiii) the Two Payment Plus Delinquency Percentage for the related Collection Period; (xxiv) the Two Payment Plus Rolling Average for such Distribution Date; (xxv) the Three Payment Plus Delinquency Percentage for the related Collection Period; (xxvi) the aggregate Principal Balances of Home Equity Loans that were restructured (and delinquency reset) during such Collection Period; (xxvii) the aggregate Principal Balances of Home Equity Loans that were restructured (and delinquency reset) during such Collection Period as a percentage of the Pool Balance as of the end of such Collection Period; (xxviii) whether a ~~Rapid Amortization~~ Servicer Termination Event has occurred since the prior Determination Date, specifying ~~the Rapid Amortization~~ each Servicer Termination Event if one has occurred; (~~xxv~~xxix) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount One-Month LIBOR for the related ~~Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture~~Interest Accrual Period(s); (xxx) the ~~amount to be paid to~~ Formula Rate and Pass-Through Rate for each Class of Offered Certificates, the ~~Master Servicer pursuant to Section 8.03(a)(viii) of~~ Net Rate Cap for the ~~Indenture~~Fixed Rate Certificates and the Net Rate Cap for the Floating Rate Certificates, in each case for such Distribution Date or the related Interest Accrual Period(s), as the case may be; (xxxi) the ~~Maximum Rate~~ Cumulative Loss Percentage for the related Collection ~~Period and the Weighted Average Net Loan Rate for the Mortgage Loans~~Period; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date;whether a Trigger Event has occurred or is continuing; and (xxxiii) such other information as is required by the ~~related Available Subordinated Transferor Amount after giving effect to the distribution~~ Code and regulations thereunder to be made on available to Holders of the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, Offered Certificates. The Administrator and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the Owner Trustee Paying Agent shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~4.01, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the ~~Master Servicer, the Indenture Trustee~~ Servicer and the ~~Credit Enhancer~~Administrator or as may be required by the rules and regulations of the SEC. The ~~Master~~ Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2006-4)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare ~~the items below and~~ the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's ’s Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i1) the aggregate amount of collections received on the Mortgage Loans by the Determination Date for the related Collection Period; (ii2) the aggregate amount of (a) Interest Collections for the related Collection Period and (b) Principal Collections for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv3) any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection Period; (~~xvi~~4) the ~~Investor~~ Liquidation Loss Amount for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii5) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix~~6) ~~[Deleted]~~the Credit Enhancement Draw Amount for the Notes for the related Payment Date; (xx7) the ~~Note Principal Balance and loan factor after giving effect~~ amount to be distributed to the ~~distribution on the related Payment Date~~ Credit Enhancer pursuant to Section 8.03(a)(v) and ~~to any reduction because~~ Section 8.03(a)(vii) of the ~~Investor Loss Amount~~Indenture, stated separately; (~~xxi)~~ 8) the ~~Transferor~~ Guaranteed Principal ~~Balance and~~ Payment Amount for the ~~Available Transferor Subordinated Amount after giving effect to the distribution on~~ Notes for the Payment Date; (~~xxii~~9) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (~~xxiii~~10) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~11) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average ~~Net~~ Gross Loan Rate for the Mortgage Loans; (~~xxxii~~12) the ~~expected~~ amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans remaining unpaid at the end of the Collection Period preceding the related Collection Period; (13) the amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans made during the related Collection Period and included in the ~~distribution~~ payment on the ~~related~~ Payment ~~Date and~~ Date; (14) the aggregate ~~expected~~ amount of optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans that will remain outstanding as of the close of business on the ~~related~~ Payment Date; (~~xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv~~15) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (~~xxxv~~16) with respect to the Collection Account during the Collection Period related to the Payment Date: (A) its balance at the beginning of the Collection Period; (B) deposits of the aggregate Transfer Deposit amount for retransferred Mortgage Loans pursuant to Section 2.06; (C) deposits of ~~all Liquidation Loss Amounts~~ the aggregate Purchase Price for delinquent Mortgage Loans purchased by the Sponsor pursuant to Section 3.06; (D) deposits of the aggregate Purchase Price made by the Sponsor in connection with modification of Mortgage Loans pursuant to Section 3.01; (E) deposits by the Master Servicer to account for losses accrued on Eligible Investments; (F) income accrued on Eligible Investments; (G) deposits of the termination purchase price in connection with termination pursuant to Section 8.01; (H) other deposits; (I) withdrawals of investment income on Eligible Investments; (J) withdrawals for the purchase of Additional Balances; (K) transfers to the Payment Account; (L) other withdrawals; and (M) its balance at the end of the Collection Period; (17) with respect to the first and second Payment Dates, deposits by the Master Servicer to account for shortfalls in interest collections resulting from the failure of the Mortgage Loans to be fully indexed pursuant to Section 3.03; (18) with respect to the first Payment Date, deposits by the Master Servicer to account for shortfalls in interest collections resulting from the prefunding mechanism and the longer first Interest Period, pursuant to Section 3.03; (19) with respect to the first Payment Date, the amount of collections on the Mortgage Loans ~~since~~ for the period between the initial Cut-off Date and ~~whether a Cumulative Loss Test Violation has occurred since~~ the ~~prior Determination~~ Closing Date, specifying the interest and principal portions thereof; (~~xxxvi~~20) Liquidation Expenses and indemnification payments paid to the Master Servicer for the related Collection Period; (21) Liquidation Expenses and indemnification payments payable to the Master Servicer on the Payment Date from Available Interest Collections pursuant to Section 8.03(a)(vii) of the Indenture; (22) the ~~Rolling Six Month Delinquency Rate,~~ weighted average remaining term of the ~~Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date~~Mortgage Loans; and (~~xxxvii~~23) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Custodian acting on behalf of the Indenture Trustee within 30 days of the Closing Date. (24) the number and aggregate Asset Balances of Mortgage Loans that are in foreclosure; (25) the number and aggregate Asset Balances of Mortgage Loans for which the Master Servicer has received a written notice of the filing of bankruptcy or insolvency proceedings with respect to the mortgagor; (26) the sum of the Asset Balances for the three largest outstanding Mortgage Loans; and (27) the Required Transferor Subordinated Amount, the Spread Rate, the Excess Spread Percentage, the Delinquency Rate and the Loss Percentage and the Cumulative Liquidation Loss Amount since the Cut-off Date as a percentage of the Original Note Principal Balance. The Indenture Trustee and the Owner Trustee shall conclusively rely ~~upon~~ on the information ~~contained~~ in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this ~~information~~ information, and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture ~~Trustee~~ Trustee, and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-E)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the ~~Indenture~~ Trustee, the ~~data necessary~~ Statement to ~~prepare the items below and the statement for Noteholders~~ Certificateholders required to be prepared pursuant to Section ~~4.04~~ 5.03 and (b) to the ~~Indenture Trustee, the Owner~~ Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit ~~Enhancer,~~ Enhancer and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture~~ Trustee and the Master Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, ~~Payment~~ Distribution Date, the series number of the ~~Notes~~Certificates, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans by on or prior to the Determination Date ~~for the related~~ in respect of such Collection Period; (ii) the aggregate amount of (a) Interest Collections and (b) Principal Collections for ~~the related~~ such Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for ~~the related~~ such Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for ~~the related~~ such Collection Period; (v) the ~~Interest Collections that are not Investor~~ Transferor Interest Collections and Transferor Principal Collections for ~~the related~~ such Collection Period; (vi) ~~the Note~~ Investor Certificate Interest and the ~~applicable Note~~ Investor Certificate Rate ~~for the Notes~~ for the related Interest Period; (vii) the ~~amount~~ amount, if any, of ~~the Note~~ such Investor Certificate Interest that is not payable ~~to the Noteholders because~~ on account of insufficient Investor Interest Collections; (viii) the portion of the Unpaid Investor Certificate Interest ~~Shortfall and~~ Shortfall, if any, the amount of interest on ~~the~~ such shortfall at the ~~applicable Note~~ Certificate Rate applicable from time to time (separately stated) to be distributed on ~~the related Payment~~ such Distribution Date; (ix) the ~~remaining~~ Unpaid Investor Certificate Interest ~~Shortfall~~ Shortfall, if any, to remain after the distribution on ~~the related Payment~~ such Distribution Date; (x) the ~~amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the~~ Accelerated Principal ~~Payment~~ Distribution Amount and the portion ~~of it~~ thereof that will be distributed pursuant to Section ~~8.03(a)(vi) of the Indenture~~5.01(a)(vii); (~~xiii~~xi) the Scheduled Principal Collections ~~Payment~~ Distribution Amount, separately stating ~~its components~~the components thereof; (~~xiv~~xii) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xvxiii) any accrued and unpaid Servicing Fees ~~for the Mortgage Loans~~ for previous Collection Periods and the Servicing Fee for ~~the related~~ such Collection Period; (~~xvi~~xiv) the Investor Loss Amount for ~~the related~~ such Collection Period; (~~xvii~~xv) the aggregate ~~amount~~ amount, if any, of Investor Loss Reduction Amounts for previous ~~Payment~~ Distribution Dates that have not been previously reimbursed to ~~the Holders of the Notes~~ Investor Certificateholders pursuant to Section ~~8.03(a)(iv) of the Indenture~~5.01(a)(v); (~~xviii~~xvi) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix~~xvii) ~~[Deleted]~~the Pool Balance as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xxxviii) the ~~Note~~ Invested Amount as of the end of the preceding Collection Period; (xix) the Investor Certificate Principal Balance and ~~loan factor~~ Pool Factor after giving effect to the distribution on ~~the related Payment~~ such Distribution Date and to any reduction ~~because~~ on account of the Investor Loss Amount; (~~xxi~~xx) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on ~~the Payment~~ such Distribution Date; (~~xxii~~xxi) the aggregate amount of Additional Balances created ~~on the Mortgage Loans~~ during the previous Collection Period; (~~xxiii~~xxii) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 ~~days,~~ days and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~xxiii) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying ~~the~~ each such Rapid Amortization Event if one has occurred; (~~xxv~~xxiv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying ~~the~~ each such Event of Servicing Termination if one has occurred; (~~xxvi~~xxv) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v~~5.01(a)(vi) and Section ~~8.03(a)(vii) of the Indenture~~5.01(a)(viii), stated separately; (~~xxvii~~xxvi) the Guaranteed Principal ~~Payment~~ Distribution Amount for such Distribution Date; (xxvii) the ~~Payment~~ Credit Enhancement Draw Amount, if any, for such Distribution Date; (xxviii~~) the Credit Enhancement Draw Amount for the related Payment Date; (xxix~~) the amount to be distributed to the Transferor pursuant to Section ~~8.03(a)(x) of the Indenture~~5.01(a)(x); (~~xxx~~xxix) the amount to be paid to the Master Servicer pursuant to Section ~~8.03(a)(viii) of the Indenture~~5.01(a)(ix); (~~xxxi~~xxx) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan ~~Rate for the Mortgage Loans~~Rate; (~~xxxii~~xxxi) the expected amount of any optional advances pursuant to Section ~~4.03~~ 4.05 hereof by the Master Servicer included in the distribution on ~~the related Payment~~ such Distribution Date and the aggregate expected amount of optional advances pursuant to Section ~~4.03~~ 4.05 hereof by the Master Servicer outstanding as of the close of business on ~~the related Payment~~ such Distribution Date; (~~xxxiii~~xxxii) the ~~related Available Subordinated Transferor~~ Overcollateralization Amount after giving effect to the distribution to be made on ~~the related Payment~~ such Distribution Date;; and (~~xxxiv~~xxxiii) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (~~xxxv~~xxxiv) the aggregate of all Liquidation Loss Amounts ~~on the Mortgage Loans~~ since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date;; and (~~xxxvi~~xxxv) the Rolling Six Month Delinquency ~~Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage~~ Rate for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing such Distribution Date. The ~~Indenture Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~5.01, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the ~~Indenture~~ Trustee and the Credit Enhancer. The Master Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cwabs Inc)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the ~~Indenture~~ Trustee, the ~~data necessary~~ Statement to ~~prepare the items below and the statement for Noteholders~~ Certificateholders required to be prepared pursuant to Section ~~4.04~~ 5.03 and (b) to the ~~Indenture~~ Trustee, the ~~Owner Trustee, the Sponsor~~Seller, the Depositor, the Paying Agent, the Credit ~~Enhancer,~~ Enhancer and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture~~ Trustee and the Master Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, ~~Payment~~ Distribution Date, the series number of the ~~Notes~~Certificates, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans by on or prior to the Determination Date ~~for the related~~ in respect of such Collection Period; (ii) the aggregate amount of (a) Interest Collections and (b) Principal Collections for ~~the related~~ such Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for ~~the related~~ such Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for ~~the related~~ such Collection Period; (v) the ~~Interest Collections that are not Investor~~ Transferor Interest Collections and Transferor Principal Collections for ~~the related~~ such Collection Period; (vi) ~~the Note~~ Investor Certificate Interest and the ~~applicable Note~~ Investor Certificate Rate ~~for the Notes~~ for the related Interest Period; (vii) the ~~amount~~ amount, if any, of ~~the Note~~ such Investor Certificate Interest that is not payable ~~to the Noteholders because~~ on account of insufficient Investor Interest Collections; (viii) the portion of the Unpaid Investor Certificate Interest ~~Shortfall and~~ Shortfall, if any, the amount of interest on ~~the~~ such shortfall at the ~~applicable Note~~ Certificate Rate applicable from time to time (separately stated) to be distributed on ~~the related Payment~~ such Distribution Date; (ix) the ~~remaining~~ Unpaid Investor Certificate Interest ~~Shortfall~~ Shortfall, if any, to remain after the distribution on ~~the related Payment~~ such Distribution Date; (x) the ~~amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the~~ Accelerated Principal ~~Payment~~ Distribution Amount and the portion ~~of it~~ thereof that will be distributed pursuant to Section ~~8.03(a)(vi) of the Indenture~~5.01(a)(vii); (~~xiii~~xi) the Scheduled Principal Collections ~~Payment~~ Distribution Amount, separately stating ~~its components~~the components thereof; (~~xiv~~xii) the amount of any Transfer Deposit Amount paid by the ~~Sponsor~~ Seller or the Depositor pursuant to Section 2.02 or 2.04; (xvxiii) any accrued and unpaid Servicing Fees ~~for the Mortgage Loans~~ for previous Collection Periods and the Servicing Fee for ~~the related~~ such Collection Period; (~~xvi~~xiv) the Investor Loss Amount for ~~the related~~ such Collection Period; (~~xvii~~xv) the aggregate ~~amount~~ amount, if any, of Investor Loss Reduction Amounts for previous ~~Payment~~ Distribution Dates that have not been previously reimbursed to ~~the Holders of the Notes~~ Investor Certificateholders pursuant to ~~Section 8.03(a)(iv) of the Indenture~~5.01(a)(v); (~~xviii~~xvi) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix~~xvii) ~~[Deleted]~~the Pool Balance as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xxxviii) the ~~Note~~ Invested Amount as of the end of the preceding Collection Period; (xix) the Investor Certificate Principal Balance and ~~loan factor~~ Pool Factor after giving effect to the distribution on ~~the related Payment~~ such Distribution Date and to any reduction ~~because~~ on account of the Investor Loss Amount; (~~xxi~~xx) the Transferor Principal Balance ~~and the Available Transferor Subordinated Amount~~ after giving effect to the distribution on ~~the Payment~~ such Distribution Date; (~~xxii~~xxi) the aggregate amount of Additional Balances created ~~on the Mortgage Loans~~ during the previous Collection Period; (~~xxiii~~xxii) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 ~~days,~~ days and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~xxiii) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying ~~the~~ each such Rapid Amortization Event if one has occurred;; and (~~xxv~~xxiv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying ~~the~~ each such Event of Servicing Termination if one has occurred; (~~xxvi~~xxv) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v~~5.01(a)(vi) and Section ~~8.03(a)(vii) of the Indenture~~5.01(a)(viii)(y), stated separately; (xxvi) the amount to be distributed to the Spread Account pursuant to Section 5.01(a)(viii)(x); (xxvii) the Guaranteed Principal ~~Payment~~ Distribution Amount for ~~the Payment~~ such Distribution Date; (xxviii) the Credit Enhancement Draw ~~Amount~~ Amount, if any, for ~~the related Payment~~ such Distribution Date; (xxix) the amount to be distributed to the Transferor pursuant to Section ~~8.03(a)(x) of the Indenture~~5.01(a)(x); (xxx) the amount to be paid to the Master Servicer pursuant to Section ~~8.03(a)(viii) of the Indenture~~5.01(a)(ix); (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan ~~Rate for the Mortgage Loans~~Rate; (xxxii) the total amount of funds on deposit in the Spread Account and the applicable Spread Account Maximum; (xxxiii) the expected amount of any optional advances pursuant to Section ~~4.03~~ 4.05 hereof by the Master Servicer included in the distribution on ~~the related Payment~~ such Distribution Date and the aggregate expected amount of optional advances pursuant to Section ~~4.03~~ 4.05 hereof by the Master Servicer outstanding as of the close of business on ~~the related Payment~~ such Distribution Date; (~~xxxiii~~xxxiv) the ~~related Available Subordinated Transferor~~ Overcollateralization Amount after giving effect to the distribution to be made on ~~the related Payment Date;~~such Distribution; and (~~xxxiv~~xxxv) the number and principal balances of any Mortgage Loans ~~transferred~~ retransferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The ~~Indenture Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~5.01, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the ~~Indenture~~ Trustee and the Credit Enhancer. The Master Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)

Servicing Certificate. Not later than each Determination --------------------- Date, the ~~Master~~ Servicer shall deliver (a) to the Indenture Trustee, the ~~data necessary~~ Statement to ~~prepare the items below and the statement for~~ Noteholders required to be prepared pursuant to Section ~~4.04~~ 8.5 of the Indenture and (b) to the Indenture Trustee, the ~~Owner Trustee, the~~ Sponsor~~, the Depositor~~, the Paying Agent, the Credit ~~Enhancer,~~ Enhancer and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the ~~Master~~ Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, ~~Payment~~ Distribution Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans by on or prior to the Determination Date ~~for the related~~ in respect of such Collection Period; (ii) the aggregate amount of (a) Interest Collections and (b) Principal Collections for ~~the related~~ such Collection Period; (iii) the ~~Investor~~ Floating Allocation Percentage and the ~~Investor~~ Fixed Allocation Percentage for ~~the related~~ such Collection Period; (iv) the ~~Investor~~ Noteholders' Interest Collections and ~~Investor~~ Principal Collections allocated to the Notes for ~~the related~~ such Collection Period; (v) the ~~Interest Collections that are not Investor~~ Certificateholders' Interest Collections and ~~Transferor~~ Certificateholders' Principal Collections for ~~the related~~ such Collection Period; (vi) Class A Note Interest, the Class A Note Rate and the Class S Note Interest ~~and the applicable Note Rate for the Notes~~ for the related Interest Period; (vii) the ~~amount~~ amount, if any, of ~~the~~ such Class A Note Interest or Class S Note Interest that is not payable ~~to the Noteholders because~~ on account of insufficient ~~Investor~~ Noteholders' Interest Collections; (viii) the portion of the Unpaid ~~Investor~~ Class A Note Interest Shortfall and the portion of the Unpaid Class S Note Interest Shortfall, if any, and the amount of interest on ~~the~~ such shortfall at the ~~applicable~~ Note Rate applicable from time to time (separately stated) to be distributed on ~~the related Payment~~ such Distribution Date; (ix) the ~~remaining~~ Unpaid ~~Investor~~ Class A Note Interest Shortfall and the Unpaid Class S Note Interest Shortfall, if any, to remain after the distribution on ~~the related Payment~~ such Distribution Date; (x) the ~~amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the~~ Accelerated Principal ~~Payment~~ Distribution Amount and the portion ~~of it~~ thereof that will be distributed pursuant to Section ~~8.03(a)(vi~~8.3(a)(viii) of the Indenture; (~~xiii~~xi) the Scheduled Principal Collections ~~Payment~~ Distribution Amount, separately stating ~~its components~~the components thereof; (~~xiv~~xii) the amount of any Transfer Deposit Amount paid by the Sponsor ~~or the Depositor~~ pursuant to Section ~~2.02~~ 2.03 or ~~2.04~~2.05; (xvxiii) any accrued and unpaid Servicing Fees ~~for the Mortgage Loans~~ for previous Collection Periods and the Servicing Fee for ~~the related~~ such Collection Period; (~~xvi~~xiv) the ~~Investor~~ Loss Amount for ~~the related~~ such Collection Period; (~~xvii~~xv) the aggregate ~~amount~~ amount, if any, of ~~Investor~~ Loss Reduction Amounts for previous ~~Payment~~ Distribution Dates that have not been previously reimbursed to ~~the Holders of the Notes~~ Class A Noteholders pursuant to ~~Section 8.03(a)(iv~~8.3(a)(iv) of the Indenture; (~~xviii~~xvi) the ~~aggregate Asset~~ Pool Balance ~~of the Mortgage Loans~~ as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix~~xvii) ~~[Deleted]~~the Invested Amount as of the end of the preceding Collection Period; (xxxviii) the Class A Note Principal ~~Balance~~ Balance, the Class S Notional Amount and ~~loan factor~~ Pool Factor after giving effect to the distribution on ~~the related Payment~~ such Distribution Date and to any reduction ~~because~~ on account of the ~~Investor~~ Loss Amount; (~~xxi~~xix) the ~~Transferor~~ Certificate Principal Balance ~~and the Available Transferor Subordinated Amount~~ after giving effect to the distribution on ~~the Payment~~ such Distribution Date; (~~xxii~~xx) the aggregate amount of Additional Balances created ~~on the Mortgage Loans~~ during the previous Collection Period; (~~xxiii~~xxi) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for ~~30-~~30- 59 days, 60-89 ~~days,~~ days and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~xxii) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying ~~the~~ each such Rapid Amortization Event if one has occurred; (~~xxv~~xxiii) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying ~~the~~ each such Event of Servicing Termination if one has occurred; (~~xxvi~~xxiv) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v~~8.3(a)(v), Section 8.3(a)(vi) and Section ~~8.03(a)(vii~~8.3(a)(ix) of the Indenture, stated separately; (~~xxvii~~xxv) the amount to be distributed to the Spread Account pursuant to Section 8.3(a)(vii) of the Indenture; (xxvi) the Guaranteed Principal ~~Payment Amount~~ Distribution Amount, if any, for such Distribution Date; (xxvii) the ~~Payment~~ Credit Enhancement Draw Amount, if any, for such Distribution Date; (xxviii) the ~~Credit Enhancement Draw Amount for~~ amount to be distributed to the ~~related Payment Date~~Certificateholders pursuant to Section 8.3(a)(xiv) of the Indenture; (xxix) the amount to be ~~distributed~~ paid to the ~~Transferor~~ Servicer pursuant to Section ~~8.03(a)(x~~8.3(a)(xi) of the Indenture; (xxx~~) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi~~) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan ~~Rate for~~ Rate; (xxxi) the ~~Mortgage Loans~~total amount of funds on deposit in the Spread Account, the amount to be transferred from the Spread Account to the Collection Account pursuant to Section 4.03(b) and the applicable Spread Account Maximum; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Overcollateralization Amount after giving effect to the distribution to be made on such Distribution Date; (xxxiii) the ~~related Payment Date~~number and Asset Balances of any Mortgage Loans retransferred to the Sponsor pursuant to Section 2.07; (xxxiv) the ~~number and principal balances~~ amount of ~~any Mortgage Loans transferred~~ Principal Collections to be deposited in the ~~Transferor~~ Funding Account in respect of such Distribution Date pursuant to Section ~~2.06~~8.7(a) of the Indenture; (xxxv) the ~~aggregate~~ amount on deposit in the Funding Account as of ~~all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off~~ such Distribution Date and ~~whether a Cumulative Loss Test Violation has occurred since~~ transfers of funds required by Section 8.7(c) of the ~~prior Determination Date~~Indenture; (xxxvi) the ~~Rolling Six Month Delinquency Rate,~~ aggregate of the ~~Spread Rate,~~ Asset Balances of the ~~Excess Spread Percentage, and~~ Subsequent Mortgage Loans purchased on the ~~Rolling Three Month Excess Spread Percentage for the Payment Date~~related Subsequent Transfer Dates; and (xxxvii) in whether the ~~Servicing Certificates for~~ Distribution Date following the ~~first~~ next Determination Date is expected to be a Subsequent Transfer Date and ~~second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days~~ a reasonable management estimate of the ~~Closing Date~~aggregate Asset Balances of such intended Subsequent Mortgage Loans. The Indenture ~~Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03~~ 8.3 of the ~~Indenture or distributions on the Transferor Certificates~~Indenture, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the ~~Master~~ Servicer, the Indenture Trustee and the Credit Enhancer. The ~~Master~~ Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Headlands Mortgage Securities Inc)

Servicing Certificate. ~~Not~~ With respect to each Distribution Date, not later than the second Business Day prior to each ~~Determination~~ Distribution Date, the ~~Master~~ Servicer shall deliver ~~(a)~~ to the ~~Indenture~~ Trustee, the ~~data necessary to prepare the items below~~ Certificate Insurer and ~~the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b)~~ to the ~~Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each~~ Rating ~~Agency~~ Agencies a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, ~~Payment~~ Distribution Date, the series number of the ~~Notes~~Certificates, the date of this Agreement, ~~and~~and including, but not limited to, the following information: (i) the aggregate amount of ~~collections received on the Mortgage Loans~~ Trust Interest Collections for such Collection Period (net of any amount included therein which has been retained by the ~~Determination~~ Servicer prior to such Distribution Date in reimbursement for any portion of a Monthly Advance made in respect of the related ~~Collection Period~~Mortgage Loan as permitted by clause (iii) of Section 3.03); (ii) the aggregate amount of ~~(a) Interest Collections and (b)~~ Trust Principal Collections for ~~the related~~ such Collection Period; (iii) the ~~Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for~~ aggregate of any Trust Insurance Proceeds received during the related Collection ~~Period~~Period (including, for this purpose, any amounts required to be credited by the Servicer pursuant to the last sentence of Section 3.04(b)); (iv) the ~~Investor Interest Collections and Investor Principal Collections for~~ aggregate of any Net Trust Liquidation Proceeds received during the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the ~~Sponsor~~ Transferor or ~~the Depositor~~ Servicer pursuant to Section ~~2.02~~ 2.02, 2.04, 3.01 or ~~2.04~~3.06; (vi) the Monthly Advance for such Distribution Date; (vii) the Available Distribution Amount for such Distribution Date; (viii) any Monthly Advance Reimbursement Amount for such Distribution Date; (ix) the Floating Allocation Percentage and the Fixed Allocation Percentage for such Distribution Date; (x) the Certificate Interest Collections for such Distribution Date; (xi) the Certificate Formula Interest for the related Accrual Period, together with a specification as to the Certificate Rate applicable to such Distribution Date and whether it is derived from LIBOR or the Alternate Certificate Rate; (xii) the Unpaid Certificate Interest Shortfall, if any; (xiii) the portion of the Unpaid Certificate Interest Shortfall, if any, to be distributed on such Distribution Date; (xiv) the amount of Unpaid Certificate Interest Shortfall, if any, to remain after the distribution on such Distribution Date; (xv) ~~any accrued Servicing Fees~~ the Transferor Interest Collections and Transferor Principal Collections for ~~the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection Period~~such Distribution Date; (xvi) the ~~Investor Loss~~ Accelerated Principal Distribution Amount for ~~the related Collection Period~~such Distribution Date; (xvii) the Scheduled Principal Collections Payment, separately stating the components thereof; (xviii) the aggregate ~~amount~~ of the Liquidation Loss Amounts and the Investor Loss Amount for such Distribution Date; (xix) the aggregate amount, if any, of Investor Loss Reduction Amounts for previous ~~Payment~~ Distribution Dates that have not been previously reimbursed to ~~the Holders of the Notes~~ Investor Certificateholders pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]5.01(a)(iv); (xx) the ~~Note Principal~~ Pool Balance ~~and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because~~ of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage ~~Loans during the previous Collection Period; (xxiii) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days~~Loans, ~~60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case~~ as of the end of the preceding Collection Period; (xxi) the Invested Amount as of the end of the preceding Collection Period; (xxii) the Required Amount for such Distribution Date; (xxiii) the Transferor Subordinated Amount for such Distribution Date; (xxiv) the Overcollateralization Amount, if any, after giving effect to the distribution to be made on such Distribution Date; (xxv) the Certificate Principal Balance and Pool Factor after giving effect to the distribution on such Distribution Date; (xxvi) the Transferor Certificate Principal Balance after giving effect to the distribution on such Distribution Date; (xxvii) the aggregate amount of Additional Balances created during the previous Collection Period; (xxviii) whether a Rapid Amortization Event has occurred since the prior ~~Determination~~ Distribution Date, specifying ~~the~~ each such Rapid Amortization Event if one has occurred; (~~xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi~~xxix) the ~~amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture~~Insured Amount, ~~stated separately; (xxvii) the Guaranteed Principal Payment Amount~~ if any, for ~~the Payment~~ such Distribution Date; (~~xxviii~~xxx) the ~~Credit Enhancement Draw Amount~~ Reimbursement Amount, if any, for ~~the related Payment~~ such Distribution Date; (~~xxix~~xxxi) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans5.01(a)(vii); (xxxii) the ~~expected amount~~ number and aggregate Trust Balances of ~~any optional advances pursuant~~ Mortgage Loans delinquent (a) 31 to ~~Section 4.03 by the Master Servicer included in the distribution on the related Payment Date~~ 60 days, (b) 61 to 90 days and ~~the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding~~ (c) 91 days or more, respectively, as of the ~~close~~ end of ~~business on~~ the related ~~Payment Date~~Collection Period; (xxxiii) the ~~related Available Subordinated Transferor Amount after giving effect to~~ number and aggregate Trust Balances of all Mortgage Loans in foreclosure as of the ~~distribution to be made on~~ end of the related ~~Payment Date~~Collection Period; (xxxiv) the ~~number and principal balances~~ book value (within the meaning of 12 C.F.R. Section571.13 or comparable provision) of any ~~Mortgage Loans transferred to the Transferor pursuant to Section 2.06~~real estate acquired through foreclosure or grant of a deed in lieu of foreclosure; (xxxv) the aggregate of ~~all Liquidation Loss Amounts on~~ the Trust Balances as of the end of the related Collection Period of the Mortgage Loans ~~since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date~~which became Liquidated Mortgage Loans during such Collection Period; (xxxvi) the ~~Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage,~~ cumulative amount of Liquidation Loss Amounts for such Distribution Date and ~~the Rolling Three Month Excess Spread Percentage for the Payment Date~~all prior Distribution Dates; and (xxxvii) ~~in the Servicing Certificates for the first and second Payment Dates,~~ the number and ~~Cut-off Date Asset Balance~~ aggregate Trust Balances of Mortgage Loans ~~for which~~ to be retransferred from the ~~Mortgage Loan File was not delivered to~~ Trust Fund on the ~~Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee~~ related Retransfer Date and the ~~Owner Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes~~ cumulative number and aggregate Trust Balance of ~~making distributions pursuant to Section 8.03 of the Indenture or distributions~~ all Mortgage Loans that have been retransferred on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agenciesall prior Retransfer Dates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (MLCC Mortgage Investors Inc)

Servicing Certificate. Not later than each Determination Date, the ~~Master~~ Servicer shall deliver ~~(a)~~ to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the DepositorAdministrator, the Paying ~~Agent, the Credit Enhancer,~~ Agent and each Rating Agency a Servicing Certificate containing the information set forth below with respect to the Home Equity Loans on an aggregate basis as of the end of the preceding Collection Period (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture Trustee~~ Administrator and the ~~Master~~ Servicer), together with an Officer's ’s Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the ~~aggregate~~ Available Payment Amount for such Payment Date, separately stating the amount of ~~collections received on the Mortgage Loans by the Determination Date for the related Collection Period~~Interest Collections and Principal Collections; (ii) the ~~aggregate~~ amount of ~~(a) Interest Collections~~ the payments due to Holders of the each Class of Notes for such Payment Date, separately stating the portions thereof allocable to interest and ~~(b) Principal Collections for the related Collection Period~~allocable to principal; (iii) the ~~Investor Floating Allocation Percentage~~ amount of any Interest Carry Forward Amount and Supplemental Interest Amount for each Class of Notes paid on such Payment Date and the ~~Investor Fixed Allocation Percentage~~ amount of any Interest Carry Forward Amount or Supplemental Interest Amount for each Class of Notes remaining after giving effect to the ~~related Collection Period~~payments on such Payment Date; (iv) the ~~Investor Interest Collections and Investor~~ amount of any Extra Principal ~~Collections~~ Payment Amount for such Payment Date, including the ~~related Collection Period~~amounts payable in respect thereof to each Class of Notes on such Payment Date; (v) the ~~Interest Collections that are not Investor Interest Collections and Transferor~~ Principal ~~Collections~~ Payment Amount for such Payment Date, separately stating the ~~related Collection Period~~components thereof, including in each case the amounts payable in respect thereof to each Class of Notes on such Payment Date; (vi) the ~~Note Interest~~ Principal Carry Forward Amount for each Class of Notes for such Payment Date and the ~~applicable Note Rate~~ amount of any Principal Carry Forward Amount for each Class of Notes remaining after giving effect to the ~~Notes for the related Interest Period~~payments on such Payment Date; (vii) the ~~amount~~ Note Principal Amount of each Class of Notes, the Pool Balance as reported in the prior Monthly Payment Statement or, in the case of the first Determination Date, the Original Note ~~Interest that is not payable to~~ Principal Amount for each Class of Notes and the ~~Noteholders because of insufficient Investor Interest Collections~~Cut-Off Date Pool Balance; (viii) the ~~Unpaid Investor Interest Shortfall and~~ Note Principal Amount for each Class of Notes after giving effect to the ~~amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated)~~ payment to be ~~distributed~~ made on the related Payment Date; (ix) the ~~remaining Unpaid Investor Interest Shortfall after~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~distribution on~~ Depositor or the Servicer with respect to the related ~~Payment Date~~Collection Period pursuant to Section 2.02; (x) the ~~amount~~ number and aggregate Principal Balance of any ~~Basis Risk Carryforward in~~ Home Equity Loan purchased or substituted by the ~~distribution~~Depositor or the Servicer with respect to the related Collection Period pursuant to Section 2.04; (xi) the ~~amount~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~remaining Basis Risk Carryforward after giving effect~~ Depositor or the Servicer with respect to the related ~~distribution~~Collection Period pursuant to Section 3.01; (xii) the ~~Accelerated Principal~~ amount of any Substitution Adjustment Amounts for such Payment ~~Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture~~Date; (xiii) the ~~Scheduled Principal Collections~~ amount to be paid to the Transferor in respect of the Ownership Interest for the related Payment ~~Amount, separately stating its components~~Date pursuant to Section 5.01(a)(xx); (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection ~~Period~~Period and any accrued amounts thereof that remain unpaid for previous Collection Periods; (xv) the amount of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) through (vii); (xvi) the ~~Investor Loss Amount~~ Overcollateralization Amount, the Interim Overcollateralization Amount, the Interim Overcollateralization Deficiency, the Overcollateralization Release Amount, the Targeted Overcollateralization Amount, and the Monthly Excess Cashflow for such Payment Date; (xvii) the number of Home Equity Loans outstanding at the beginning and at the end of the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the ~~aggregate Asset~~ Pool Balance ~~of the Mortgage Loans~~ as of the end of the ~~preceding Collection Period and as of the end of the second preceding~~ related Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate ~~Asset~~ Principal Balances of ~~Mortgage~~ Home Equity Loans (x) as to which ~~the Minimum Monthly Payment is delinquent for 30-59 days~~one, ~~60-89 days, and 90~~ two or three or more ~~days~~scheduled monthly payments, ~~respectively~~ respectively, are contractually delinquent, and (y) that have become REO, in each case as of the end of such Collection Period; (xx) the ~~preceding~~ Cumulative Realized Losses on the Home Equity Loans for the related Collection Period; (xxi) the One Payment Delinquency Percentage for the related Collection Period; (xxii) the Two Payment Delinquency Percentage for the related Collection Period; (xxiii) the Two Payment-Plus Delinquency Percentage for the related Collection Period; (xxiv) the Two Payment-Plus Rolling Average for such Payment Date; (xxv) the Three Payment-Plus Delinquency Percentage for the related Collection Period; (xxvi) the aggregate Principal Balances of Home Equity Loans that were restructured (and delinquency reset) during such Collection Period; (xxvii) the aggregate Principal Balances of Home Equity Loans that were restructured (and delinquency reset) during such Collection Period as a percentage of the Pool Balance as of the end of such Collection Period; (xxviii) whether a ~~Rapid Amortization~~ Servicer Termination Event has occurred since the prior Determination Date, specifying ~~the Rapid Amortization~~ each such Servicer Termination Event if one has occurred; (~~xxv~~xxix) LIBOR for such Payment Date; (xxx) whether an Event of ~~Servicing Termination~~ Default has occurred ~~since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v)~~ and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indentureis continuing; (xxxi) the ~~Maximum~~ Class A-1 Formula Rate, Class A-1 Note Rate, Class A-2 Formula Rate, Class A-2 Note Rate, Class M-1 Formula Rate, Class M-1 Note Rate, Class M-2 Formula Rate, Class M-2 Note Rate ~~for the related Collection Period~~ and the ~~Weighted Average Net Loan Rate~~ Available Funds Cap for ~~the Mortgage Loans~~such Payment Date; (xxxii) the ~~expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related~~ Monthly Yield Maintenance Payment ~~Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related~~ Amount for such Payment Date; (xxxiii) the ~~related Available Subordinated Transferor~~ Maximum Monthly Yield Maintenance Amount ~~after giving effect to the distribution to be made on the related~~ for such Payment Date; (xxxiv) the ~~number and principal balances of any Mortgage Loans transferred~~ amount remaining on deposit in the Yield Maintenance Account after giving effect to the ~~Transferor pursuant to Section 2.06~~payment of the Maximum Monthly Yield Maintenance Amount for such Payment Date; (xxxv) the ~~aggregate~~ amount of ~~all Liquidation Loss Amounts on~~ any Skip-A-Pay Advances for the ~~Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date~~related Collection Period; (xxxvi) the ~~Rolling Six Month Delinquency Rate,~~ Skip-A-Pay Reimbursement Amount for such Payment Date; (xxxvii) the ~~Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread~~ Cumulative Loss Percentage for the ~~Payment Date~~related Collection Period; (xxxviii) whether a Trigger Event has occurred and is continuing; and (~~xxxvii~~xxxix) in such other information as is required by the ~~Servicing Certificates for~~ Code and regulations thereunder to be made available to Holders of any Class of the ~~first and second Payment Dates~~Notes. The Administrator, the ~~number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The~~ Indenture Trustee and the ~~Owner Trustee~~ Paying Agent shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making ~~distributions~~ payments pursuant to ~~Section 8.03~~ the terms of ~~the Indenture or distributions on the Transferor Certificates~~this Agreement, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the ~~Master Servicer, the Indenture Trustee~~ Servicer and the ~~Credit Enhancer~~Administrator or as may be required by the rules and regulations of the SEC. The ~~Master~~ Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2006-1)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver ~~(a)~~ to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the ~~Credit Enhancer,~~ Insurer and each Rating Agency a Servicing Certificate containing the information set forth below with respect to the Home Equity Loans on an aggregate basis as of the end of the preceding Collection Period and such other information as the Indenture Trustee shall reasonably require (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture ~~Trustee and~~ Trustee, the Master ~~Servicer~~Servicer and (so long as no Insurer Default exists and is continuing) the Insurer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the ~~aggregate~~ Available Payment Amount for such Payment Date, separately stating the amount of ~~collections received on the Mortgage Loans by the Determination Date for the related Collection Period~~Interest Collections and Principal Collections; (ii) the ~~aggregate~~ amount of ~~(a) Interest Collections~~ the payments to Holders of the Notes for such Payment Date, separately stating the portions thereof allocable to interest and ~~(b) Principal Collections for the related Collection Period~~allocable to principal; (iii) the ~~Investor Floating Allocation Percentage~~ amount of any Interest Carry Forward Amount and Supplemental Interest Amount for the Notes paid on such Payment Date and the ~~Investor Fixed Allocation Percentage~~ amount of any Interest Carry Forward Amount or Supplemental Interest Amount for the ~~related Collection Period~~Notes remaining after giving effect to the payments on such Payment Date; (iv) the ~~Investor Interest Collections~~ Note Principal Amount, the Pool Balance as reported in the prior Indenture Trustee's Statement to Noteholders or, in the case of the first Determination Date, the Original Note Principal Amount and ~~Investor Principal Collections for~~ the ~~related Collection Period~~Cut-Off Date Pool Balance; (v) the ~~Interest Collections that are not Investor Interest Collections~~ number and ~~Transferor~~ aggregate Principal ~~Collections for~~ Balance of any Home Equity Loan purchased or substituted by the Depositor or the Master Servicer with respect to the related Collection ~~Period~~Period pursuant to Section 2.02; (vi) the ~~Note Interest~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~applicable Note Rate for~~ Depositor or the ~~Notes for~~ Master Servicer with respect to the related ~~Interest Period~~Collection Period pursuant to Section 2.04; (vii) the ~~amount~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~Note Interest that is not payable~~ Depositor or the Master Servicer with respect to the ~~Noteholders because of insufficient Investor Interest Collections~~related Collection Period pursuant to Section 3.01; (viii) the ~~Unpaid Investor Interest Shortfall~~ number and aggregate Principal Balance of any Home Equity Loan that the ~~amount~~ Master Servicer has consented to the placement of ~~interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on~~ a senior lien during the related ~~Payment Date~~Collection Period pursuant to Section 3.01(a); (ix) the ~~remaining Unpaid Investor Interest Shortfall after the distribution on the related~~ amount of any Substitution Adjustment Amounts for such Payment Date; (x) the amount of ~~any Basis Risk Carryforward in~~ the ~~distribution~~Insured Amounts, if any, to be paid on the related Payment Date; (xi) the amount to be paid to the Transferor in respect of the ~~remaining Basis Risk Carryforward after giving effect to~~ Ownership Interest for the related ~~distribution~~Payment Date pursuant to Section 5.01(a)(viii); (xii) the ~~Accelerated~~ Note Principal Amount after giving effect to the payment to be made on the related Payment ~~Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture~~Date; (xiii) the ~~Scheduled Principal Collections Payment Amount, separately stating its components~~Servicing Fee for the related Collection Period and any accrued amounts thereof that remain unpaid for previous Collection Periods; (xiv) the amount of ~~any Transfer Deposit Amount paid by~~ all payments or reimbursements to the ~~Sponsor or the Depositor~~ Master Servicer pursuant to ~~Section 2.02 or 2.04~~Sections 3.03; (xv) ~~any accrued Servicing Fees for~~ the ~~Mortgage Loans for previous Collection Periods~~ Overcollateralization Amount, the Interim Overcollateralization Amount, the Interim Overcollateralization Deficiency, the Overcollateralization Release Amount, the Targeted Overcollateralization Amount, the Excess Cashflow and the ~~Servicing Fee~~ Distributable Excess Cashflow for such Payment Date; (xvi) the amount of Distributable Excess Cashflow to be paid to the Noteholders on such Payment Date pursuant to Section 5.01(a)(iv) on such Payment Date; (xvii) the number of Home Equity Loans outstanding at the beginning and at the end of the related Collection Period; (~~xvi~~xviii) the ~~Investor Loss Amount for~~ Pool Balance as of the end of the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate ~~Asset~~ Principal Balances of ~~Mortgage~~ Home Equity Loans (x) as to which ~~the Minimum Monthly Payment is delinquent for 30-59 days~~one, ~~60-89 days, and 90~~ two or three or more ~~days~~scheduled monthly payments, ~~respectively~~ respectively, are contractually delinquent, and (y) that have become REO, in each case as of the end of such Collection Period; (xx) the ~~preceding~~ unpaid principal amount of all Home Equity Loans that became Liquidated Home Equity Loans during such Collection Period; (xxi) the Cumulative Realized Losses on the Home Equity Loans; (xxii) the book value of any real estate acquired through foreclosure or grant of a deed in lieu of foreclosure; (xxiii) the Three Payment-Plus Delinquency Percentage for the related Collection Period; (xxiv) the Three Payment-Plus Rolling Average for such Payment Date; (xxv) LIBOR for such Payment Date; (xxvi) whether a ~~Rapid Amortization~~ Master Servicer Termination Event has occurred since the prior Determination Date, specifying ~~the Rapid Amortization~~ each such Master Servicer Termination Event if one has occurred; (~~xxv~~xxvii) whether an Event of ~~Servicing Termination~~ Default has occurred ~~since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v)~~ and ~~Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date~~is continuing; (xxviii) the ~~Credit Enhancement Draw Amount~~ Formula Rate, the Available Funds Cap and the Note Rate for ~~the related~~ such Payment Date; (xxix) the amount ~~to be distributed to~~ of any Skip-A-Pay Advances for the ~~Transferor pursuant to Section 8.03(a)(x) of the Indenture~~related Collection Period; (xxx) the ~~amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate~~ Skip-A-Pay Reimbursement Amount for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the such Payment Date; and (~~xxxvii~~xxxi) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing DateCumulative Loss Percentage. The Indenture ~~Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making ~~distributions~~ payments pursuant to Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~5.01, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee and, so long as no Insurer Default exists and is continuing, the ~~Credit Enhancer~~Insurer or as may be required by the rules and regulations of the Securities and Exchange Commission. The Master Servicer shall give notice of any ~~changes~~ such change to the Rating ~~Agencies~~Agencies and the Insurer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (HFC Revolving Corp Household Home Equity Loan Trust 2002 4)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver ~~(a)~~ to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying ~~Agent, the Credit Enhancer,~~ Agent and each Rating Agency a Servicing Certificate containing the information set forth below with respect to the Home Equity Loans on an aggregate basis as of the end of the preceding Collection Period and such other information as the Indenture Trustee shall reasonably require (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the ~~aggregate~~ Available Payment Amount for such Payment Date, separately stating the amount of ~~collections received on the Mortgage Loans by the Determination Date for the related Collection Period~~Interest Collections and Principal Collections; (ii) the ~~aggregate~~ amount of ~~(a) Interest Collections~~ the payments to Holders of the Class A and ~~(b) Principal Collections~~ Class M Notes for such Payment Date, separately stating the ~~related Collection Period~~portions thereof allocable to interest and allocable to principal; (iii) the ~~Investor Floating Allocation Percentage~~ amount of any Interest Carry Forward Amount and Supplemental Interest Amount for each Class of Notes paid on such Payment Date and the ~~Investor Fixed Allocation Percentage~~ amount of any Interest Carry Forward Amount or Supplemental Interest Amount for each Class of Notes remaining after giving effect to the ~~related Collection Period~~payments on such Payment Date; (iv) the ~~Investor Interest Collections and Investor~~ amount of any Extra Principal ~~Collections~~ Payment Amount for ~~the related Collection Period~~such Payment Date; (v) the ~~Interest Collections that are not Investor Interest Collections and Transferor~~ Principal ~~Collections~~ Payment Amount for such Payment Date, separately stating the ~~related Collection Period~~components thereof; (vi) the ~~Note Interest~~ Principal Carry Forward Amount for each Class for such Payment Date and the ~~applicable Note Rate~~ amount of any Principal Carry Forward Amount for each Class remaining after giving effect to the ~~Notes for the related Interest Period~~payments on such Payment Date; (vii) the ~~amount~~ Note Principal Amount of each Class of Notes, the Pool Balance as reported in the prior Indenture Trustee's Statement to Noteholders or, in the case of the first Determination Date, the Original Note ~~Interest that is not payable to~~ Principal Amount for each Class and the ~~Noteholders because of insufficient Investor Interest Collections~~Cut-Off Date Pool Balance; (viii) the ~~Unpaid Investor Interest Shortfall~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the Depositor or the Master Servicer with respect to the related Collection Period pursuant to Section 2.02; (ix) the number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the Depositor or the Master Servicer with respect to the related Collection Period pursuant to Section 2.04; (x) the number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the Depositor or the Master Servicer with respect to the related Collection Period pursuant to Section 3.01; (xi) the number and aggregate Principal Balance of any Home Equity Loan that the Master Servicer has consented to the placement of a senior lien during the related Collection Period pursuant to Section 3.01(a); (xii) the amount of ~~interest on~~ any Substitution Adjustment Amounts for such Payment Date; (xiii) the ~~shortfall at the applicable Note Rate applicable from time to time (separately stated)~~ amount to be ~~distributed~~ paid to the Transferor in respect of the Ownership Interest for the related Payment Date pursuant to Section 5.01(a)(xii); (xiv) the Note Principal Amount for each Class of Notes after giving effect to the payment to be made on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) ~~any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and~~ the Servicing Fee for the related Collection ~~Period~~Period and any accrued amounts thereof that remain unpaid for previous Collection Periods; (xvi) the ~~Investor Loss Amount~~ amount of all payments or reimbursements to the Master Servicer pursuant to Sections 3.03; (xvii) the Overcollateralization Amount, the Interim Overcollateralization Amount, the Interim Overcollateralization Deficiency, the Overcollateralization Release Amount, the Targeted Overcollateralization Amount, and the Monthly Excess Cashflow for such Payment Date; (xviii) the number of Home Equity Loans outstanding at the beginning and at the end of the related Collection Period; (~~xvii~~xix) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Pool Balance ~~of the Mortgage Loans~~ as of the end of the ~~preceding Collection Period and as of the end of the second preceding~~ related Collection Period~~; (xix) [Deleted]~~; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate ~~Asset~~ Principal Balances of ~~Mortgage~~ Home Equity Loans (x) as to which ~~the Minimum Monthly Payment is delinquent for 30-59 days~~one, ~~60-89 days, and 90~~ two or three or more ~~days~~scheduled monthly payments, ~~respectively~~ respectively, are contractually delinquent, and (y) that have become REO, in each case as of the end of ~~the preceding~~ such Collection Period; (xxi) the unpaid principal amount of all Home Equity Loans that became Liquidated Home Equity Loans during such Collection Period; (xxii) the Cumulative Realized Losses on the Home Equity Loans; (xxiii) the book value of any real estate acquired through foreclosure or grant of a deed in lieu of foreclosure; (xxiv) the Two Payment-Plus Delinquency Percentage for the related Collection Period; (xxv) the Two Payment-Plus Rolling Average for such Payment Date; (xxvi) LIBOR for such Payment Date; (xxvii) whether a ~~Rapid Amortization~~ Master Servicer Termination Event has occurred since the prior Determination Date, specifying ~~the Rapid Amortization~~ each such Master Servicer Termination Event if one has occurred; (~~xxv~~xxviii) whether an Event of ~~Servicing Termination~~ Default has occurred ~~since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v)~~ and ~~Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date~~is continuing; (xxix) the ~~amount to be distributed to~~ Class A Formula Rate, Class A Note Rate, Class M Formula Rate, Class M Note Rate and the ~~Transferor pursuant to Section 8.03(a)(x) of the Indenture~~Available Funds Cap for such Payment Date; (xxx) the amount ~~to be paid to~~ of any Skip-A-Pay Advances for the ~~Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture~~related Collection Period; (xxxi) the ~~Maximum Rate~~ Skip-A-Pay Reimbursement Amount for ~~the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans~~such Payment Date; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment DateCumulative Loss Percentage; (xxxiii) ~~the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date;~~whether a Trigger Event has occurred and is continuing; and (xxxiv) such other information as is required by the ~~number~~ Code and ~~principal balances of any Mortgage Loans transferred~~ regulations thereunder to ~~the Transferor pursuant~~ be made available to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days Holders of the ~~Closing Date~~Class A and Class M Notes. The Indenture ~~Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making ~~distributions~~ payments pursuant to Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~5.01, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master ~~Servicer,~~ Servicer and the Indenture Trustee or as may be required by the rules and regulations of the ~~Credit Enhancer~~Securities and Exchange Commission. The Master Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (HFC Revolving Corp Household Home Equity Ln Tr 2003 1)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver ~~(a)~~ to the ~~Indenture~~ Trustee, ~~the data necessary to prepare the items below~~ Xxxxx'x, Fitch and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency Standard & Poor's a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating identifying the related Collection Period, ~~Payment Date,~~ the ~~series number of the Notes~~Certificates, the date of this Agreement, ~~and~~and the following information (in the case of information furnished pursuant to clauses (viii) and (ix) below, the amounts will be expressed as a dollar amount per Certificate with a $1,000 denomination) with respect to the following Distribution Date: (i) the aggregate ~~amount~~ of ~~collections~~ all Trust Interest received ~~on the Mortgage Loans by the Determination Date for~~ during the related Collection Period; (ii) the aggregate ~~amount~~ of ~~(a) Interest Collections and (b)~~ all Trust Principal ~~Collections for~~ Payments received during the related Collection Period; (iii) the ~~Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for~~ aggregate of all Trust Insurance Proceeds received during the related Collection Period; (iv) the ~~Investor~~ aggregate of the Trust Liquidation Proceeds received during the calendar month preceding the month of such Determination Date; (v) the number and aggregate Trust Balance of any Home Equity Loans that were identified as Defective Home Equity Loans pursuant to Section 2.02 or Section 2.04 during the related Collection Period and (A) the aggregate Purchase Price of any such Defective Home Equity Loans that will be repurchased by the related Originator or the Master Servicer prior to the following Distribution Date and (B) the Substitution Adjustment Amount, if any, to be deposited in the Collection Account prior to such Distribution Date in respect of any such Defective Home Equity Loans for which the related Originator or the Master Servicer substituted one or more Eligible Substitute Home Equity Loans; (vi) the Monthly Servicing Fee; (vii) the sum of the amounts specified pursuant to clauses (i)-(v), inclusive, above, net of the amount specified in clause (vi) above; (viii) the amount that will be distributed to the Class A Certificateholders, with interest and principal stated separately; the Class A Interest ~~Collections~~ Requirement; the Class A Principal Distribution Amount; and ~~Investor~~ the Class A Pass-Through Rate applicable to such Distribution Date; (ix) the amount that will be distributed to the Class M and Class B Certificateholders, with interest and principal stated separately; the Class M Principal ~~Collections~~ Distribution Amount and Class B Principal Distribution Amount; together with the Class M and Class B Pass-Through Rates applicable to such Distribution Date; and the amount that will be distributed to the Class C Certificateholders; (x) the Amount Available for Class A Interest, the Class M Current Interest and the Class B Current Interest; (xi) the Class A Certificate Balance, Class M Certificate Balance and Class B Certificate Balance as well as the Class A Principal Factor, Class M Principal Factor and Class B Principal Factor, each after giving effect to the distribution to be made on such Distribution Date; (xii) the amount of any Liquidated Home Equity Loan Losses, the applicable Applied Liquidated Loan Loss Amount, the applicable Liquidated Loan Loss Amortization Amounts and the Unpaid Liquidated Loan Loss Amounts for such Distribution Date, including cumulative losses up to such date; (xiii) in the event the Servicer LOC is then in effect, the Available Servicer LOC Amount after giving effect to all drawings made under the Servicer LOC to and including the date of such statement; (xiv) the book value (within the meaning of 12 C.F.R. ss. 571.13 or comparable provision) of the Trust Percentage of any real estate acquired through foreclosure or grant of a deed in lieu of foreclosure and held by the Trust Fund as of the last day of the related Collection Period; (vxv) the ~~Interest Collections that are not Investor Interest Collections~~ number and ~~Transferor Principal Collections for the related Collection Period;~~ aggregate Trust Balances of Home Equity Loans delinquent (via) ~~the Note Interest~~ 30 to 59 days and ~~the applicable Note Rate for the Notes for the related Interest Period;~~ (~~vii~~b) ~~the amount~~ 60 days or more, respectively, as of the ~~Note Interest that is not payable to the Noteholders because~~ end of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the ~~Investor Loss Amount~~ Pool Balance for the ~~related Collection Period~~following Distribution Date; (xvii) the ~~aggregate amount of Investor Loss Reduction Amounts~~ Principal Distribution Amount, separately stating the Extra Principal Distribution Amount, if any, for ~~previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture~~such Distribution Date; (xviii) the ~~aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period~~Overcollateralization Amount for such Distribution Date; (xix) ~~[Deleted]~~the Overcollateralization Release Amount for such Distribution Date; (xx) the ~~Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount;~~Monthly Excess Cashflow Amount for such Distribution Date; and (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Senior Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for ~~the Payment~~ such Distribution Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the Owner Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Beneficial Mortgage Services Inc)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare ~~the items below and~~ the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent~~, the Credit Enhancer~~, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i1) the aggregate amount of collections received on the Mortgage Loans by the Determination Date for the related Collection Period; (ii2) the aggregate amount of (a) Interest Collections for the related Collection Period and (b) Principal Collections for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv3) any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection Period; (~~xvi~~4) the ~~Investor~~ Liquidation Loss Amount for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii5) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix~~6) ~~[Deleted]~~the amount of claims made on the Loan Insurance Policy, the amount of insurance proceeds paid and the amount of insurance claims denied by the Loan Insurance Policy Provider; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii7) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (~~xxiii)~~ 8) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~9) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average ~~Net~~ Gross Loan Rate for the Mortgage Loans; (~~xxxii~~10) the ~~expected~~ amount of any optional advances pursuant to Section 4.03 by the Master Servicer remaining unpaid at the end of the Collection Period preceding the related Collection Period; (11) the amount of any optional advances pursuant to Section 4.03 by the Master Servicer made during the related Collection Period and included in the ~~distribution~~ payment on the ~~related~~ Payment ~~Date and~~ Date (12) the aggregate ~~expected~~ amount of optional advances pursuant to Section 4.03 by the Master Servicer that will remain outstanding as of the close of business on the ~~related~~ Payment Date; (~~xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv~~13) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (~~xxxv~~14) with respect to the Collection Account during the Collection Period related to the Payment Date: (A) its balance at the beginning of the Collection Period; (B) deposits of the aggregate Transfer Deposit amount for retransferred Mortgage Loans pursuant to Section 2.06; (C) deposits of ~~all Liquidation Loss Amounts~~ the aggregate Purchase Price for delinquent Mortgage Loans purchased by the Sponsor pursuant to Section 3.06; (D) deposits of the aggregate Purchase Price made by the Sponsor in connection with modification of Mortgage Loans pursuant to Section 3.01; (E) deposits by the Master Servicer to account for losses accrued on Eligible Investments; (F) income accrued on Eligible Investments; (G) deposits of the termination purchase price in connection with termination pursuant to Section 8.01; (H) other deposits; (I) withdrawals of investment income on Eligible Investments; (J) withdrawals for the purchase of Additional Balances; (K) transfers to the Payment Account; (L) other withdrawals; and (M) its balance at the end of the Collection Period; (15) with respect to the first and second Payment Dates, deposits by the Master Servicer to account for shortfalls in interest collections resulting from the failure of the Mortgage Loans to be fully indexed pursuant to Section 3.03; (16) with respect to the first Payment Date, deposits by the Master Servicer to account for shortfalls in interest collections resulting from the prefunding mechanism and the longer first Interest Period, pursuant to Section 3.03; (17) with respect to the first Payment Date, the amount of collections on the Mortgage Loans ~~since~~ for the period between the initial Cut-off Date and ~~whether a Cumulative Loss Test Violation has occurred since~~ the ~~prior Determination~~ Closing Date, specifying the interest and principal portions thereof; (~~xxxvi~~18) Liquidation Expenses and indemnification payments paid to the Master Servicer for the related Collection Period; (19) Liquidation Expenses and indemnification payments payable to the Master Servicer on the Payment Date from Excess Cashflow pursuant to Section 8.03(c)(v) of the Indenture; (20) the ~~Rolling Six Month Delinquency Rate,~~ weighted average remaining term of the ~~Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and~~Mortgage Loans; (~~xxxvii~~21) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Custodian acting on behalf Indenture Trustee within 30 days of the Closing Date; (22) the number and aggregate Asset Balances of Mortgage Loans as to which the Minimum Monthly Payment is delinquent for 180 or more days; (23) the number and aggregate Asset Balances of Mortgage Loans that are in foreclosure; (24) the number and aggregate Asset Balances of Mortgage Loans for which the Master Servicer has received a written notice of the filing of bankruptcy or insolvency proceedings with respect to the mortgagor. The Indenture Trustee and the Owner Trustee shall conclusively rely ~~upon~~ on the information ~~contained~~ in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this ~~information~~ information, and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master ~~Servicer,~~ Servicer and the Indenture ~~Trustee and the Credit Enhancer~~Trustee. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-A)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans in each Loan Group by the Determination Date for the related Collection Period; (ii) the aggregate amount of (a) Interest Collections for each Loan Group for the related Collection Period and (b) Principal Collections for each Loan Group for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for each Loan Group for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for each Loan Group for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for each Loan Group for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for ~~the~~ each Class of Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the ~~Noteholders~~ Holders of each Class of Notes because of insufficient Investor Interest ~~Collections~~Collections for the related Loan Group; (viii) the Unpaid Investor Interest Shortfall for each Class of Notes and the amount of interest on the shortfall at the applicable Note Rate for each Class of Notes applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall for each Class of Notes after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward for each Class of Notes in the distribution; (xi) the amount of the remaining Basis Risk Carryforward for each Class of Notes after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section ~~8.03(a)(vi~~8.03(a)(vii) of the ~~Indenture~~Indenture for each Loan Group; (xiii) the Scheduled Principal Collections Payment ~~Amount~~Amount for each Loan Group, separately stating its components; (xiv) the amount of any Transfer Deposit Amount for each Loan Group paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued Servicing Fees for the Mortgage Loans in each Loan Group for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the Investor Loss Amount for each Loan Group for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of ~~the~~ each Class of Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans in each Loan Group as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance for each Class of Notes and loan factor after giving effect to the distribution on each Class of Notes on the related Payment Date and to any reduction because of the related Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount for each Loan Group after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans in each Loan Group during the previous Collection Period; (xxiii) for each Loan Group, the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v~~8.03(a)(vi) and Section ~~8.03(a)(vii~~8.03(a)(ix) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for each Class of Notes for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for each Class of Notes for the related Payment Date; (xxix) the amount to be distributed on the Mortgage Loans in each Loan Group to the Transferor pursuant to Section ~~8.03(a)(x~~8.03(a)(xii) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section ~~8.03(a)(viii~~8.03(a)(x) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage ~~Loans~~Loans in each Loan Group; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding on the Mortgage Loans in each Loan Group as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Amount for each Loan Group after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans in each Loan Group transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (~~xxxvii~~xxxv) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for each Loan Group for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the Owner Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Cwabs Master Trust Series 2004-B)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans in each Loan Group by the Determination Date for the related Collection Period; (ii) the aggregate amount of (a) Interest Collections for each Loan Group for the related Collection Period and (b) Principal Collections for each Loan Group for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for each Loan Group for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for each Loan Group for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for each Loan Group for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for ~~the~~ each Class of Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the ~~Noteholders~~ Holders of each Class of Notes because of insufficient Investor Interest ~~Collections~~Collections for the related Loan Group; (viii) the Unpaid Investor Interest Shortfall for each Class of Notes and the amount of interest on the shortfall at the applicable Note Rate for each Class of Notes applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall for each Class of Notes after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward for each Class of Notes in the distribution; (xi) the amount of the remaining Basis Risk Carryforward for each Class of Notes after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section ~~8.03(a)(vi~~8.03(a)(vii) of the ~~Indenture~~Indenture for each Loan Group; (xiii) the amount of payment received on the Loan Insurance Policy, the amount of such payment expected to be paid on the next Payment Date and the amount of the remaining coverage under the Loan Insurance Policy; (xiv) the Scheduled Principal Collections Payment ~~Amount~~Amount for each Loan Group, separately stating its components; (~~xiv~~xv) the amount of any Transfer Deposit Amount for each Loan Group paid by the Sponsor or the Depositor pursuant to Section ~~2.02 or 2.04~~2.07; (xvxvi) any accrued Servicing Fees for the Mortgage Loans in each Loan Group for previous Collection Periods and the Servicing Fee for the related Collection Period; (~~xvi~~xvii) the Investor Loss Amount for each Loan Group for the related Collection Period; (~~xvii~~xviii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of ~~the~~ each Class of Notes pursuant to Section 8.03(a)(iv), Section 8.03(a)(viii), or Section 8.03(c) of the Indenture; (~~xviii~~xix) the aggregate Asset Balance of the Mortgage Loans in each Loan Group as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix~~xx) ~~[Deleted]~~the amount of payments received on the Sponsor Loss Coverage Obligation, the amount of such payments expected to be received for the next Payment Date and the amount of its remaining coverage; (xxxxi) the Note Principal Balance for each Class of Notes and loan factor after giving effect to the ~~distribution~~ payment on each Class of Notes on the related Payment Date and to any reduction because of the related Investor Loss Amount; (~~xxi~~xxii) the Transferor ~~Principal Balance~~ Interest and the Available Transferor Subordinated Amount for each Loan Group after giving effect to the distribution on the Payment Date; (~~xxii~~xxiii) the aggregate amount of Additional Balances created on the Mortgage Loans in each Loan Group during the previous Collection Period; (~~xxiii~~xxiv) for each Loan Group, the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~xxv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (~~xxv~~xxvi) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (~~xxvi~~xxvii) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v)~~ 8.03(a)(vi), Section 8.03(a)(ix), and Section ~~8.03(a)(vii~~8.03(a)(xi) of the Indenture, stated separately; (~~xxvii~~xxviii) the Guaranteed Principal Payment Amount for each Class of Notes for the Payment Date; (~~xxviii~~xxix) the Credit Enhancement Draw Amount for each Class of Notes for the related Payment Date; (~~xxix~~xxx) the amount to be distributed on the Mortgage Loans in each Loan Group to the Transferor pursuant to Section ~~8.03(a)(x~~8.03(a)(xiii) of the Indenture; (~~xxx~~xxxi) the amount to be paid to the Master Servicer pursuant to Section ~~8.03(a)(viii~~8.03(a)(x) of the Indenture; (~~xxxi~~xxxii) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage ~~Loans~~Loans in each Loan Group; (~~xxxii~~xxxiii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding on the Mortgage Loans in each Loan Group as of the close of business ~~on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made~~ on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans in each Loan Group transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for each Loan Group for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date; and (xxxvi) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group that are in foreclosure. The Indenture Trustee and the Owner Trustee shall conclusively rely ~~upon~~ on the information ~~contained~~ in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this ~~information~~ information, and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture ~~Trustee~~ Trustee, and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-F)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans by the Determination Date for the related Collection Period; (ii) the aggregate amount of (a) Interest Collections and (b) Principal Collections for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section ~~8.03(a)(vi)~~ 8.03(a)[(vi)] of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the Investor Loss Amount for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section ~~8.03(a)(iv)~~ 8.03(a)[(iv)] of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor ~~Principal Balance~~ Interest and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v)~~ 8.03(a)[(v)] and Section ~~8.03(a)(vii)~~ 8.03(a)[(vii)] of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section ~~8.03(a)(x~~8.03 (a) [(x)] of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section ~~8.03(a)(viii)~~ 8.03(a)[(viii)] of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date; (xxxvi) the number and aggregate Asset Balances of Mortgage Loans as to which the Minimum Monthly Payment is delinquent for 180 or more days; (xxxvii) the number and aggregate Asset Balances of Mortgage Loans that are in foreclosure; (xxxviii) the number and aggregate Asset Balances of Mortgage Loans for which the Master Servicer has received a written notice of the filing of bankruptcy or insolvency proceedings with respect to the mortgagor; and (xxxix) the sum of the Asset Balances for the three largest outstanding Mortgage Loans. The Indenture Trustee and the Owner Trustee shall conclusively rely ~~upon~~ on the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-I)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture ~~Trustee~~Trustee (with a copy to the Credit Enhancer), the data (including loan level data) necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans in each Loan Group by the Determination Date for the related Collection Period; (ii) the aggregate amount of (a) Interest Collections for each Loan Group for the related Collection Period and (b) Principal Collections for each Loan Group for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for each Loan Group for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for each Loan Group for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for each Loan Group for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for ~~the~~ each Class of Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the ~~Noteholders~~ Holders of each Class of Notes because of insufficient Investor Interest ~~Collections~~Collections for the related Loan Group; (viii) the Unpaid Investor Interest Shortfall for each Class of Notes and the amount of interest on the shortfall at the applicable Note Rate for each Class of Notes applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall for each Class of Notes after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward for each Class of Notes in the distribution; (xi) the amount of the remaining Basis Risk Carryforward for each Class of Notes after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section ~~8.03(a)(vi~~8.03(a)(vii) of the ~~Indenture~~Indenture for each Loan Group; (xiii) the Scheduled Principal Collections Payment ~~Amount~~Amount for each Loan Group, separately stating its components; (xiv) the amount of any Transfer Deposit Amount for each Loan Group paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued Servicing Fees for the Mortgage Loans in each Loan Group for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the Investor Loss Amount for each Loan Group for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of ~~the~~ each Class of Notes pursuant to Section 8.03(a)(iv), Section 8.03(a)(viii), or Section 8.03(c) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans in each Loan Group as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) ~~[Deleted]~~The Rolling Three Month Delinquency Rate (as defined in the Insurance Agreement) and the Excess Spread Percentage for the Payment Date, except that the Master Servicer shall not be required to include this information in the first two Servicing Certificates; (xx) the Note Principal Balance for each Class of Notes and loan factor after giving effect to the ~~distribution~~ payment on each Class of Notes on the related Payment Date and to any reduction because of the related Investor Loss Amount; (xxi) the Transferor ~~Principal Balance~~ Interest and the Available Transferor Subordinated Amount for each Loan Group after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans in each Loan Group during the previous Collection Period; (xxiii) for each Loan Group, the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v)~~ 8.03(a)(vi), Section 8.03(a)(ix), and Section ~~8.03(a)(vii~~8.03(a)(xi) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for each Class of Notes for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for each Class of Notes for the related Payment Date; (xxix) the amount to be distributed on the Mortgage Loans in each Loan Group to the Transferor pursuant to Section ~~8.03(a)(x~~8.03(a)(xiii) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section ~~8.03(a)(viii~~8.03(a)(x) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage ~~Loans~~Loans in each Loan Group; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding on the Mortgage Loans in each Loan Group as of the close of business on the related Payment Date; (xxxiii) the ~~related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the~~ number and principal balances of any Mortgage Loans in each Loan Group transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (~~xxxvii~~xxxiv) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for each Loan Group for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the Owner Trustee shall conclusively rely ~~upon~~ on the information ~~contained~~ in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture ~~Trustee~~ Trustee, and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust Series, 2004-R)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture ~~Trustee~~Trustee (with a copy to the Credit Enhancer), the data necessary to prepare ~~the items below and~~ the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i1) the aggregate amount of collections received on the Mortgage Loans in each Loan Group by the Determination Date for the related Collection Period; (ii2) the aggregate amount of (a) Interest Collections for each Loan Group for the related Collection Period and (b) Principal Collections for each Loan Group for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv3) any accrued Servicing Fees for the Mortgage Loans in each Loan Group for previous Collection Periods and the Servicing Fee for the related Collection Period; (~~xvi~~4) the ~~Investor~~ Liquidation Loss Amount for each Loan Group for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii5) the aggregate Asset Balance of the Mortgage Loans in each Loan Group as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix) [Deleted]; (xx~~6) the ~~Note Principal Balance and loan factor after giving effect to the distribution on~~ Credit Enhancement Draw Amount for each Class of Notes for the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (~~xxii~~7) the amount of claims made on the Loan Insurance Policy with respect to each Loan Group, the amount of insurance proceeds paid with respect to each Loan Group and the amount of insurance claims denied by the Loan Insurance Policy Provider with respect to each Loan Group; (8) the amount of payments received on the Sponsor Loss Coverage Obligation with respect to each Loan Group, the amount of such payments expected to be received for the next Payment Date with respect to each Loan Group and the amount of its remaining coverage; (9) the aggregate amount of Additional Balances created on the Mortgage Loans in each Loan Group during the previous Collection Period; (~~xxiii~~10) for each Loan Group, the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~11) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average ~~Net~~ Gross Loan Rate for the Mortgage ~~Loans~~Loans in each Loan Group; (~~xxxii~~12) the ~~expected~~ amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group remaining unpaid at the end of the Collection Period preceding the related Collection Period; (13) the amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group made during the related Collection Period and included in the ~~distribution~~ payment on the ~~related~~ Payment ~~Date and~~ Date; (14) the aggregate ~~expected~~ amount of optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group that will remain outstanding as of the close of business on the ~~related~~ Payment Date; (~~xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv~~15) the number and principal balances of any Mortgage Loans transferred from each Loan Group to the Transferor pursuant to Section 2.06; (~~xxxv~~16) with respect to the Collection Account during the Collection Period related to the Payment Date: (A) its balance at the beginning of the Collection Period; (B) deposits of the aggregate Transfer Deposit amount for retransferred Mortgage Loans pursuant to Section 2.06; (C) deposits of ~~all Liquidation Loss Amounts~~ the aggregate Purchase Price for delinquent Mortgage Loans purchased by the Sponsor pursuant to Section 3.06; (D) deposits of the aggregate Purchase Price made by the Sponsor in connection with modification of Mortgage Loans pursuant to Section 3.01; (E) deposits by the Master Servicer to account for losses accrued on Eligible Investments; (F) income accrued on Eligible Investments; (G) deposits of the termination purchase price in connection with termination pursuant to Section 8.01; (H) other deposits; (I) withdrawals of investment income on Eligible Investments; (J) withdrawals for the purchase of Additional Balances; (K) transfers to the Payment Account; (L) other withdrawals; and (M) its balance at the end of the Collection Period; (17) with respect to the first and second Payment Dates, deposits by the Master Servicer with respect to each class of Notes to account for shortfalls in interest collections resulting from the failure of the Mortgage Loans to be fully indexed pursuant to Section 3.03; (18) with respect to the first Payment Date, deposits by the Master Servicer with respect to each class of Notes to account for shortfalls in interest collections resulting from the prefunding mechanism and the longer first Interest Period, pursuant to Section 3.03; (19) with respect to the first Payment Date, the amount of collections on the Mortgage Loans ~~since~~ in each Loan Group for the period between the initial Cut-off Date and ~~whether a Cumulative Loss Test Violation has occurred since~~ the ~~prior Determination~~ Closing Date, specifying the interest and principal portions thereof; (~~xxxvi~~20) Liquidation Expenses and indemnification payments paid to the Master Servicer for the related Collection Period with respect to each Loan Group; (21) Liquidation Expenses and indemnification payments payable to the Master Servicer on the Payment Date from Excess Interest pursuant to Section 8.03(a)(xii) of the Indenture; (22) the ~~Rolling Six Month Delinquency Rate,~~ weighted average remaining term of the ~~Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and~~Mortgage Loans in each Loan Group; (~~xxxvii~~23) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for each Loan Group for which the Mortgage Loan File was not delivered to the Custodian acting on behalf Indenture Trustee within 30 days of the Closing Date; (24) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group as to which the Minimum Monthly Payment is delinquent for 180 or more days; (25) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group that are in foreclosure; and (26) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group for which the Master Servicer has received a written notice of the filing of bankruptcy or insolvency proceedings with respect to the mortgagor. The Indenture Trustee and the Owner Trustee shall conclusively rely ~~upon~~ on the information ~~contained~~ in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this ~~information~~ information, and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture ~~Trustee~~ Trustee, and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2006-D)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver ~~(a)~~ to the ~~Indenture~~ Trustee, ~~the data necessary to prepare the items below~~ Xxxxx'x, Fitch and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency Standard & Poor's a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating identifying the related Collection Period, ~~Payment Date,~~ the ~~series number of the Notes~~Certificates, the date of this Agreement, ~~and~~and the following information (in the case of information furnished pursuant to clauses (viii) and (ix) below, the amounts will be expressed as a dollar amount per Certificate with a $_____ denomination) with respect to the following Distribution Date: (i) the aggregate ~~amount~~ of ~~collections~~ all Trust Interest received ~~on the Mortgage Loans by the Determination Date for~~ during the related Collection Period; (ii) the aggregate ~~amount~~ of ~~(a) Interest Collections and (b)~~ all Trust Principal ~~Collections for~~ Payments received during the related Collection Period; (iii) the ~~Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for~~ aggregate of all Trust Insurance Proceeds received during the related Collection Period; (iv) the ~~Investor Interest Collections and Investor Principal Collections for~~ aggregate of the ~~related Collection Period~~Trust Liquidation Proceeds received during the calendar month preceding the month of such Determination Date; (v) the ~~Interest Collections~~ number and aggregate Trust Balance of any __________ Loans that ~~are not Investor Interest Collections and Transferor Principal Collections for~~ were identified as Defective __________ Loans pursuant to Section 2.02 or Section 2.04 during the related Collection ~~Period~~Period and (A) the aggregate Purchase Price of any such Defective ____ ____________ that will be repurchased by the related Originator or the Master Servicer prior to the following Distribution Date and (B) the Substitution Adjustment Amount, if any, to be deposited in the Collection Account prior to such Distribution Date in respect of any such Defective __________ Loans for which the related Originator or the Master Servicer substituted one or more Eligible Substitute ____ ______ Loans; (vi) the ~~Note Interest and the applicable Note Rate for the Notes for the related Interest Period~~Monthly Servicing Fee; (vii) the ~~amount~~ sum of the ~~Note Interest that is not payable~~ amounts specified pursuant to clauses (i)-(v), inclusive, above, net of the ~~Noteholders because of insufficient Investor Interest Collections~~amount specified in clause (vi) above; (viii) the ~~Unpaid Investor Interest Shortfall~~ Class (_) Distribution Amount (including the Class (_) Formula Amount and the ~~amount of interest on~~ Class (_) Interest Requirement, stated separately) for such Distribution Date, together with the ~~shortfall at the~~ Class (_) Pass-Through Rates applicable ~~Note Rate applicable from time~~ to ~~time (separately stated) to be distributed on the related Payment~~ such Distribution Date; (ix) the ~~remaining Unpaid Investor~~ Class (_) and Class (_) Distribution Amounts (including the Class (_) Interest ~~Shortfall~~ Requirement and the Class (_) Interest Requirement and, on and after the ~~distribution on~~ Class (_) Termination Date and the ~~related Payment~~ Class (_) Termination Date, the Class (_) Formula Amount and the Class (_) Formula Amount, respectively, stated separately) for such Distribution Date, together with the Class (_) and Class (_) Pass-Through Rates applicable to such Distribution Date; (x) the ~~amount of any Basis Risk Carryforward in~~ Amount Available for Class (_) Interest and the ~~distribution~~Amount Available for Class (_) Interest; (xi) the ~~amount of the remaining Basis Risk Carryforward after giving effect to the related distribution~~Remaining Available Funds, if any, for such Distribution Date; (xii) the ~~Accelerated Principal Payment Amount~~ Class (_), Class (_) and ~~the portion of it that will be distributed pursuant to Section 8.03(a)(vi~~Class (_) ~~of the Indenture~~Remaining Available Funds, if any, for such Distribution Date; (xiii) the ~~Scheduled~~ Class (_) Certificate Balance, Class (_) Certificate Balance and Class (_) Certificate Balance as well as the Class (_) Principal ~~Collections Payment Amount~~Factor, ~~separately stating its components~~Class (_) Principal Factor and Class (_) Principal Factor, each after giving effect to the distribution to be made on such Distribution Date; (xiv) ~~the amount of~~ any ~~Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant~~ Liquidated __________ Loan Losses for such Distribution Date, including cumulative losses up to ~~Section 2.02 or 2.04~~such date; (xv) ~~any accrued Servicing Fees for~~ in the ~~Mortgage Loans for previous Collection Periods~~ event the Servicer LOC is then in effect, the Available Servicer LOC Amount after giving effect to all drawings made under the Servicer LOC to and including the ~~Servicing Fee for the related Collection Period~~date of such statement; (xvi) the ~~Investor Loss Amount for~~ book value (within the meaning of 12 C.F.R. ss. 571.13 or comparable provision) of the Trust Percentage of any real estate acquired through foreclosure or grant of a deed in lieu of foreclosure and held by the Trust Fund as of the last day of the related Collection Period; (xvii) the number and aggregate ~~amount~~ Trust Balances of ~~Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed~~ ____ ______ Loans delinquent (a) ___ to ~~the Holders of the Notes pursuant to Section 8.03(a)(iv~~___ days and (b) ~~of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans~~ ___ days or more, respectively, as of the end of the ~~preceding Collection Period and as of the end of the second preceding~~ related Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (~~xxxvii~~xviii) in the ~~Servicing Certificates~~ Pool Balance for the ~~first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing~~ following Distribution Date. The Indenture Trustee and the Owner Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Beneficial Mortgage Services Inc)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans by the Determination Date for the related Collection Period; (ii) the aggregate amount of (a) Interest Collections for the related Collection Period and (b) Principal Collections for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for ~~the~~ each Class of Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the ~~Noteholders~~ Holders of each Class of Notes because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall for each Class of Notes and the amount of interest on the shortfall at the applicable Note Rate for each Class of Notes applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall for each Class of Notes after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the ~~related~~ distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section ~~8.03(a)(vi~~8.03(a)(vii) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section ~~2.02 or 2.04~~2.07; (xv) any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the Investor Loss Amount for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders ~~of the Notes~~ pursuant to Section ~~8.03(a)(iv~~8.03(a)(v) or Section 8.03(c) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) ~~[Deleted]; (xx)~~ the Note Principal Balance and loan factor after giving effect to the ~~distribution~~ payment on the Notes on the related Payment Date and to any reduction because of the Investor Loss Amount; (~~xxi~~xx) the Transferor ~~Principal Balance~~ Interest and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (~~xxii~~xxi) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (~~xxiii~~xxii) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~xxiii) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (~~xxv~~xxiv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (~~xxvi~~xxv) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v~~8.03(a)(vi) and Section ~~8.03(a)(vii~~8.03(a)(viii) of the Indenture, stated separately; (~~xxvii~~xxvi) the Guaranteed Principal Payment Amount for the Payment Date; (~~xxviii~~xxvii) the Credit Enhancement Draw Amount for the ~~related~~ Payment Date; (~~xxix~~xxviii) the amount to be distributed on the Mortgage Loans to the Transferor pursuant to Section ~~8.03(a)(x~~8.03(a)(xi) of the Indenture; (~~xxx~~xxix) the amount to be paid to the Master Servicer pursuant to Section ~~8.03(a)(viii~~8.03(a)(ix) of the Indenture; (~~xxxi~~xxx) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (~~xxxii~~xxxi) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding on the Mortgage Loans as of the close of business on the related Payment Date; (~~xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv~~xxxii) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (~~xxxvii~~xxxiii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. (xxxiv) the number and aggregate Asset Balances of Mortgage Loans as to which the Minimum Monthly Payment is delinquent for 180 or more days; and (xxxv) the number and aggregate Asset Balances of Mortgage Loans that are in foreclosure. The Indenture Trustee and the Owner Trustee shall conclusively rely ~~upon~~ on the information ~~contained~~ in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this ~~information~~ information, and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture ~~Trustee~~ Trustee, and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2005-L)

Servicing Certificate. Not later than each Determination Date, the ~~Master~~ Servicer shall deliver (a) to the ~~Indenture~~ Trustee, the ~~data necessary~~ Statement to ~~prepare the items below and the statement for Noteholders~~ Certificateholders required to be prepared pursuant to Section ~~4.04~~ 5.03, and (b) to the ~~Indenture~~ Trustee, the ~~Owner Trustee, the Sponsor~~Seller, the Depositor, the Paying Agent, the Credit ~~Enhancer,~~ Enhancer and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture~~ Trustee and the ~~Master~~ Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, ~~stating~~ and setting forth the related Collection Period, ~~Payment~~ Distribution Date, the series number of the ~~Notes~~Certificates, and the date of this Agreement, ~~and~~together with the following information: (i) the aggregate amount of collections received on in respect of the Mortgage Loans by on or prior to the Determination Date for ~~the related~~ such Collection Period; (ii) the aggregate amount of (a) Interest Collections and (b) Principal Collections for ~~the related~~ such Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for ~~the related~~ such Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for ~~the related~~ such Collection Period; (v) the ~~Interest Collections that are not Investor~~ Transferor Interest Collections and Transferor Principal Collections for ~~the related~~ such Collection Period; (vi) the ~~Note~~ Investor Certificate Interest and the ~~applicable Note~~ Investor Certificate Rate ~~for the Notes~~ for the related Interest Period; (vii) the ~~amount~~ amount, if any, of ~~the Note~~ such Investor Certificate Interest that is not payable ~~to the Noteholders because~~ on account of insufficient Investor Interest Collections; (viii) the portion of the Unpaid Investor Certificate Interest ~~Shortfall~~ Shortfall, if any, and (separately stated) the amount of interest on ~~the~~ such shortfall at the ~~applicable Note~~ Certificate Rate applicable from time to time ~~(separately stated)~~ to be distributed on ~~the related Payment~~ such Distribution Date; (ix) the ~~remaining~~ Unpaid Investor Certificate Interest ~~Shortfall~~ Shortfall, if any, remaining after the distribution on ~~the related Payment~~ such Distribution Date; (x) the ~~amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the~~ Accelerated Principal ~~Payment~~ Distribution Amount and the portion ~~of it~~ thereof that will be distributed pursuant to Section ~~8.03(a)(vi) of the Indenture~~5.01(a)(viii); (~~xiii~~xi) the Scheduled Principal Collections ~~Payment~~ Distribution Amount, separately stating ~~its components~~the components thereof; (~~xiv~~xii) the amount of any Transfer Deposit Amount paid by the ~~Sponsor~~ Seller or the Depositor pursuant to Section 2.02 or 2.04; (xvxiii) any accrued and unpaid Servicing Fees ~~for the Mortgage Loans~~ for previous Collection Periods and the Servicing Fee for ~~the related~~ such Collection Period; (~~xvi~~xiv) the Investor Loss Amount for ~~the related~~ such Collection Period; (~~xvii~~xv) the aggregate ~~amount~~ amount, if any, of Investor Loss Reduction Amounts for previous ~~Payment~~ Distribution Dates that have not been previously reimbursed to ~~the Holders of the Notes~~ Investor Certificateholders pursuant to ~~Section 8.03(a)(iv) of the Indenture~~5.01(a)(iv); (~~xviii~~xvi) the aggregate ~~Asset~~ Principal Balance of the Mortgage Loans as of the end of the ~~preceding~~ related Collection Period and as of the end of the ~~second~~ Collection Period immediately preceding the related Collection Period, separately identifying the aggregate Locked Balances and HELOC Balances, together with the percentage of Locked Balances as of the end of the related Collection Period (calculated by dividing the aggregate Locked Balances by the Pool Balance as of such date); (xvii) the Pool Balance as of the end of the related Collection Period and as of the end of the Collection Period preceding the related Collection Period; (xviii) the Invested Amount as of the end of the related Collection Period; (xix) ~~[Deleted]; (xx)~~ the ~~Note~~ Investor Certificate Principal Balance and ~~loan factor~~ Pool Factor after giving effect to the distribution on ~~the related Payment~~ such Distribution Date and to any reduction ~~because~~ on account of the Investor Loss Amount; (~~xxi~~xx) the Transferor Principal Balance ~~and the Available Transferor Subordinated Amount~~ after giving effect to the distribution on ~~the Payment~~ such Distribution Date; (~~xxii~~xxi) the aggregate amount of Additional Balances created ~~on the Mortgage Loans~~ during the ~~previous~~ related Collection Period; (~~xxiii~~xxii) the number and aggregate ~~Asset~~ Principal Balances of Mortgage Loans (x) as to which the ~~Minimum Monthly~~ Regular Payment is delinquent for 30-59 days, 60-89 ~~days,~~ days and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the ~~preceding~~ related Collection Period; (~~xxiv~~xxiii) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying ~~the~~ each such Rapid Amortization Event if ~~one~~ any has occurred;; and (~~xxv~~xxiv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying ~~the~~ each such Event of Servicing Termination if ~~one~~ any has occurred; (~~xxvi~~xxv) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v~~5.01(a)(vi) and Section ~~8.03(a)(vii) of the Indenture~~5.01(a)(ix), stated separately; (xxvi) the amount to be distributed to the Spread Account pursuant to Section 5.01(a)(vii); (xxvii) the Guaranteed Principal ~~Payment~~ Distribution Amount for ~~the Payment~~ such Distribution Date; (xxviii) the Credit Enhancement Draw ~~Amount~~ Amount, if any, for ~~the related Payment~~ such Distribution Date; (xxix) the amount to be distributed to the holder of the Transferor Interest pursuant to Section ~~8.03(a)(x) of the Indenture~~5.01(a)(xii); (xxx) the amount to be paid to the ~~Master~~ Servicer pursuant to Section ~~8.03(a)(viii) of the Indenture~~5.01(a)(x); (xxxi) the ~~Maximum~~ weighted average Loan Rate ~~for~~ as of the end of the related Collection ~~Period and the Weighted Average Net Loan Rate for the Mortgage Loans~~Period; (xxxii) the ~~expected~~ total amount of funds on deposit in the Spread Account (after giving effect to any deposit thereto and withdrawals therefrom), the applicable Required Spread Account Amount and the aggregate amount of any ~~optional advances pursuant to Section 4.03 by~~ withdrawals from the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Spread Account for such Distribution Date; (xxxiii) the ~~related Available Subordinated Transferor~~ Overcollateralization Amount after giving effect to the distribution to be made on ~~the related Payment~~ such Distribution Date; (xxxiv) the number and ~~principal balances~~ Principal Balances of any Mortgage Loans ~~transferred~~ retransferred to the holder of the Transferor Interest pursuant to Section 2.06; (xxxv) the ~~aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date~~Recalculated Weighted Average Gross Margin; (xxxvi) the ~~Rolling Six Month Delinquency Rate,~~ weighted Combined Loan-to-Value Ratio as of the ~~Spread Rate,~~ last day of the ~~Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date~~related Collection Period; and (xxxvii) ~~in the Servicing Certificates for the first and second Payment Dates,~~ the number and ~~Cut-off Date Asset~~ aggregate Principal Balance of all Mortgage Loans ~~for which the Mortgage Loan File was~~ that did not ~~delivered~~ receive a monthly payment during such Collection Period pursuant to the ~~Indenture Trustee within 30 days of the Closing Date~~"Skip-a-Pay Program". The ~~Indenture Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~5.01, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the ~~Master~~ Servicer, the ~~Indenture~~ Trustee and the Credit Enhancer. The ~~Master~~ Servicer shall give notice of any ~~changes~~ such change to ~~the~~ each Rating ~~Agencies~~Agency.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc One Abs Corp)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans by the Determination Date for the related Collection Period; (ii) the aggregate amount of (a) Interest Collections for the related Collection Period and (b) Principal Collections for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for ~~the~~ each Class of Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the ~~Noteholders~~ Holders of each Class of Notes because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall for each Class of Notes and the amount of interest on the shortfall at the applicable Note Rate for each Class of Notes applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall for each Class of Notes after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward for each Class of Notes in the distribution; (xi) the amount of the remaining Basis Risk Carryforward for each Class of Notes after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section ~~8.03(a)(vi~~8.03(a)(vii) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section ~~2.02 or 2.04~~2.07; (xv) any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the Investor Loss Amount for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of ~~the~~ each Class of Notes pursuant to Section ~~8.03(a)(iv~~8.03(a)(v) or Section 8.03(c) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) ~~[Deleted]; (xx)~~ the Note Principal Balance for each Class of Notes and loan factor after giving effect to the ~~distribution~~ payment on each Class of Notes on the related Payment Date and to any reduction because of the Investor Loss ~~Amount~~Amount and the allocation of Applied Realized Loss Amounts for that Payment Date; (~~xxi~~xx) the Transferor ~~Principal Balance~~ Interest and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (~~xxii~~xxi) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (~~xxiii~~xxii) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~xxiii) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (~~xxv~~xxiv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (~~xxvi~~xxv) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v~~8.03(a)(vi) and Section ~~8.03(a)(vii~~8.03(a)(viii) of the Indenture, stated separately; (~~xxvii~~xxvi) the Guaranteed Principal Payment Amount for each Class of Notes for the Payment Date; (xxvii) the Credit Enhancement Draw Amount for each Class of Notes for the related Payment Date; (xxviii) the ~~Credit Enhancement Draw Amount for the related Payment Date; (xxix) the~~ amount to be distributed on the Mortgage Loans to the Transferor pursuant to Section ~~8.03(a)(x~~8.03(a)(xi) of the Indenture; (~~xxx~~xxix) the amount to be paid to the Master Servicer pursuant to Section ~~8.03(a)(viii~~8.03(a)(ix) of the Indenture; (~~xxxi~~xxx) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (~~xxxii~~xxxi) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding on the Mortgage Loans as of the close of business on the related Payment Date; (~~xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv~~xxxii) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (~~xxxvii~~xxxiii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. (xxxiv) the number and aggregate Asset Balances of Mortgage Loans as to which the Minimum Monthly Payment is delinquent for 180 or more days; (xxxv) the number and aggregate Asset Balances of Mortgage Loans that are in foreclosure; (xxxvi) the number and aggregate Asset Balances of Mortgage Loans for which the Master Servicer has received a written notice of the filing of bankruptcy or insolvency proceedings with respect to the mortgagor; and (xxxvii) the sum of the Asset Balances for the three largest outstanding Mortgage Loans. The Indenture Trustee and the Owner Trustee shall conclusively rely ~~upon~~ on the information ~~contained~~ in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this ~~information~~ information, and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture ~~Trustee~~ Trustee, and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2005-M)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare ~~the items below and~~ the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i1) the aggregate amount of collections received on the Mortgage Loans in each Loan Group by the Determination Date for the related Collection Period; (ii2) the aggregate amount of (a) Interest Collections for each Loan Group for the related Collection Period and (b) Principal Collections for each Loan Group for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv3) any accrued Servicing Fees for the Mortgage Loans in each Loan Group for previous Collection Periods and the Servicing Fee for the related Collection Period; (~~xvi~~4) the ~~Investor~~ Liquidation Loss Amount for each Loan Group for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii5) the aggregate Asset Balance of the Mortgage Loans in each Loan Group as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix~~6) ~~[Deleted]~~the Credit Enhancement Draw Amount for each Class of Notes for the related Payment Date; (xx7) the ~~Note Principal Balance and loan factor after giving effect~~ amount to be distributed to the ~~distribution on the related Payment Date~~ Credit Enhancer pursuant to Section 8.03(a)(vi), Section 8.03(a)(x), and ~~to any reduction because~~ Section 8.03(a)(xii) of the ~~Investor Loss Amount~~Indenture, stated separately; (~~xxi)~~ 8) the ~~Transferor~~ Guaranteed Principal ~~Balance and the Available Transferor Subordinated~~ Payment Amount ~~after giving effect to the distribution on~~ for each Class of Notes for the Payment Date; (~~xxii~~9) the Credit Enhancement Draw Amount for each Class of Notes for the related Payment Date; (10) the amount of payments received on the Sponsor Loss Coverage Obligation with respect to each Loan Group, the amount of such payments expected to be received for the next Payment Date with respect to each Loan Group and the amount of its remaining coverage; (11) the aggregate amount of Additional Balances created on the Mortgage Loans in each Loan Group during the previous Collection Period; (~~xxiii~~12) for each Loan Group, the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~13) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average ~~Net~~ Gross Loan Rate for the Mortgage ~~Loans~~Loans in each Loan Group; (~~xxxii~~14) the ~~expected~~ amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group remaining unpaid at the end of the Collection Period preceding the related Collection Period; (15) the amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group made during the related Collection Period and included in the ~~distribution~~ payment on the ~~related~~ Payment ~~Date and~~ Date; (16) the aggregate ~~expected~~ amount of optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group that will remain outstanding as of the close of business on the ~~related~~ Payment Date; (~~xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv~~17) the number and principal balances of any Mortgage Loans transferred from each Loan Group to the Transferor pursuant to Section 2.06; (~~xxxv~~18) with respect to the Collection Account during the Collection Period related to the Payment Date: (A) its balance at the beginning of the Collection Period; (B) deposits of the aggregate Transfer Deposit amount for retransferred Mortgage Loans pursuant to Section 2.06; (C) deposits of ~~all Liquidation Loss Amounts~~ the aggregate Purchase Price for delinquent Mortgage Loans purchased by the Sponsor pursuant to Section 3.06; (D) deposits of the aggregate Purchase Price made by the Sponsor in connection with modification of Mortgage Loans pursuant to Section 3.01; (E) deposits by the Master Servicer to account for losses accrued on Eligible Investments; (F) income accrued on Eligible Investments; (G) deposits of the termination purchase price in connection with termination pursuant to Section 8.01; (H) other deposits; (I) withdrawals of investment income on Eligible Investments; (J) withdrawals for the purchase of Additional Balances; (K) transfers to the Payment Account; (L) other withdrawals; and (M) its balance at the end of the Collection Period; (19) with respect to the first and second Payment Dates, deposits by the Master Servicer with respect to each class of Notes to account for shortfalls in interest collections resulting from the failure of the Mortgage Loans to be fully indexed pursuant to Section 3.03; (20) with respect to the first Payment Date, deposits by the Master Servicer with respect to each class of Notes to account for shortfalls in interest collections resulting from the prefunding mechanism and the longer first Interest Period, pursuant to Section 3.03; (21) with respect to the first Payment Date, the amount of collections on the Mortgage Loans ~~since~~ in each Loan Group for the period between the initial Cut-off Date and ~~whether a Cumulative Loss Test Violation has occurred since~~ the ~~prior Determination~~ Closing Date, specifying the interest and principal portions thereof; (~~xxxvi~~22) Liquidation Expenses and indemnification payments paid to the Master Servicer for the related Collection Period with respect to each Loan Group; (23) Liquidation Expenses and indemnification payments payable to the Master Servicer on the Payment Date from Excess Interest pursuant to Section 8.03(a)(xi) of the Indenture; (24) the ~~Rolling Six Month Delinquency Rate,~~ weighted average remaining term of the ~~Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and~~Mortgage Loans in each Loan Group; (~~xxxvii~~25) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for each Loan Group for which the Mortgage Loan File was not delivered to the Custodian acting on behalf Indenture Trustee within 30 days of the Closing Date; (26) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group as to which the Minimum Monthly Payment is delinquent for 180 or more days; (27) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group that are in foreclosure; and (28) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group for which the Master Servicer has received a written notice of the filing of bankruptcy or insolvency proceedings with respect to the mortgagor. (29) the sum of the Asset Balances for the three largest outstanding Mortgage Loans in each Loan Group. The Indenture Trustee and the Owner Trustee shall conclusively rely ~~upon~~ on the information ~~contained~~ in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this ~~information~~ information, and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture ~~Trustee~~ Trustee, and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-E)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver ~~(a)~~ to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the DepositorAdministrator, the Paying ~~Agent, the Credit Enhancer,~~ Agent and each Rating Agency a Servicing Certificate containing the information set forth below with respect to the Home Equity Loans on an aggregate basis as of the end of the preceding Collection Period (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture Trustee~~ Administrator and the Master Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the ~~aggregate~~ Available Payment Amount for such Payment Date, separately stating the amount of ~~collections received on the Mortgage Loans by the Determination Date for the related Collection Period~~Interest Collections and Principal Collections; (ii) the ~~aggregate~~ amount of ~~(a) Interest Collections~~ the payments due to Holders of the Class A and ~~(b) Principal Collections~~ Class M Notes for such Payment Date, separately stating the ~~related Collection Period~~portions thereof allocable to interest and allocable to principal; (iii) the ~~Investor Floating Allocation Percentage~~ amount of any Interest Carry Forward Amount and Supplemental Interest Amount for each Class of Notes paid on such Payment Date and the ~~Investor Fixed Allocation Percentage~~ amount of any Interest Carry Forward Amount or Supplemental Interest Amount for each Class of Notes remaining after giving effect to the ~~related Collection Period~~payments on such Payment Date; (iv) the ~~Investor Interest Collections and Investor~~ amount of any Extra Principal ~~Collections~~ Payment Amount for such Payment Date, including the ~~related Collection Period~~amounts payable in respect thereof to each Class of Notes on such Payment Date; (v) the ~~Interest Collections that are not Investor Interest Collections and Transferor~~ Principal ~~Collections~~ Payment Amount for such Payment Date, separately stating the ~~related Collection Period~~components thereof, including in each case the amounts payable in respect thereof to each Class of Notes on such Payment Date; (vi) the ~~Note Interest~~ Principal Carry Forward Amount for each Class of Notes for such Payment Date and the ~~applicable Note Rate~~ amount of any Principal Carry Forward Amount for each Class of Notes remaining after giving effect to the ~~Notes for the related Interest Period~~payments on such Payment Date; (vii) the ~~amount~~ Note Principal Amount of each Class of Notes, the Pool Balance as reported in the prior Monthly Payment Statement or, in the case of the first Determination Date, the Original Note ~~Interest that is not payable to~~ Principal Amount for each Class of Notes and the ~~Noteholders because of insufficient Investor Interest Collections~~Cut-Off Date Pool Balance; (viii) the ~~Unpaid Investor Interest Shortfall~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the Depositor or the Master Servicer with respect to the related Collection Period pursuant to Section 2.02; (ix) the number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the Depositor or the Master Servicer with respect to the related Collection Period pursuant to Section 2.04; (x) the number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the Depositor or the Master Servicer with respect to the related Collection Period pursuant to Section 3.01; (xi) the number and aggregate Principal Balance of any Home Equity Loan that the Master Servicer has consented to the placement of a senior lien during the related Collection Period pursuant to Section 3.01(a); (xii) the amount of ~~interest on~~ any Substitution Adjustment Amounts for such Payment Date; (xiii) the ~~shortfall at the applicable Note Rate applicable from time to time (separately stated)~~ amount to be ~~distributed~~ paid to the Transferor in respect of the Ownership Interest for the related Payment Date pursuant to Section 5.01(a)(xii); (xiv) the Note Principal Amount for each Class of Notes after giving effect to the payment to be made on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) ~~any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and~~ the Servicing Fee for the related Collection ~~Period~~Period and any accrued amounts thereof that remain unpaid for previous Collection Periods; (xvi) the ~~Investor Loss Amount~~ amount of all payments or reimbursements to the Master Servicer pursuant to Sections 3.03; (xvii) the Overcollateralization Amount, the Interim Overcollateralization Amount, the Interim Overcollateralization Deficiency, the Overcollateralization Release Amount, the Targeted Overcollateralization Amount, and the Monthly Excess Cashflow for such Payment Date; (xviii) the number of Home Equity Loans outstanding at the beginning and at the end of the related Collection Period; (~~xvii~~xix) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Pool Balance ~~of the Mortgage Loans~~ as of the end of the ~~preceding Collection Period and as of the end of the second preceding~~ related Collection Period~~; (xix) [Deleted]~~; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate ~~Asset~~ Principal Balances of ~~Mortgage~~ Home Equity Loans (x) as to which ~~the Minimum Monthly Payment is delinquent for 30-59 days~~one, ~~60-89 days, and 90~~ two or three or more ~~days~~scheduled monthly payments, ~~respectively~~ respectively, are contractually delinquent, and (y) that have become REO, in each case as of the end of ~~the preceding~~ such Collection Period; (xxi) the unpaid principal amount of all Home Equity Loans that became Liquidated Home Equity Loans during such Collection Period; (xxii) the Cumulative Realized Losses on the Home Equity Loans for the related Collection Period; (xxiii) the book value of any real estate acquired through foreclosure or grant of a deed in lieu of foreclosure; (xxiv) the Two Payment-Plus Delinquency Percentage for the related Collection Period; (xxv) the Two Payment-Plus Rolling Average for such Payment Date; (xxvi) LIBOR for such Payment Date; (xxvii) whether a ~~Rapid Amortization~~ Master Servicer Termination Event has occurred since the prior Determination Date, specifying ~~the Rapid Amortization~~ each such Master Servicer Termination Event if one has occurred; (~~xxv~~xxviii) whether an Event of ~~Servicing Termination~~ Default has occurred ~~since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v)~~ and ~~Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date~~is continuing; (xxix) the ~~amount to be distributed to~~ Class A Formula Rate, Class A Note Rate, Class M Formula Rate, Class M Note Rate and the ~~Transferor pursuant to Section 8.03(a)(x) of the Indenture~~Available Funds Cap for such Payment Date; (xxx) the amount ~~to be paid to~~ of any Skip-A-Pay Advances for the ~~Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture~~related Collection Period; (xxxi) the ~~Maximum Rate~~ Skip-A-Pay Reimbursement Amount for ~~the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans~~such Payment Date; (xxxii) the ~~expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on~~ Cumulative Loss Percentage for the related ~~Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date~~Collection Period; (xxxiii) ~~the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date;~~whether a Trigger Event has occurred and is continuing; and (xxxiv) such other information as is required by the ~~number~~ Code and ~~principal balances~~ regulations thereunder to be made available to Holders of ~~any Mortgage Loans transferred to~~ the ~~Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date~~ Class A and ~~whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate~~Class M Notes. The Administrator, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the ~~Owner Trustee~~ Paying Agent shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making ~~distributions~~ payments pursuant to ~~Section 8.03~~ the terms of ~~the Indenture or distributions on the Transferor Certificates~~this Agreement, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master ~~Servicer, the Indenture Trustee~~ Servicer and the ~~Credit Enhancer~~Administrator or as may be required by the rules and regulations of the Securities and Exchange Commission. The Master Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (HFC Revolving Corp Household Home Equity Loan Trust 2004-1)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver ~~(a)~~ to the Indenture Trustee, the ~~data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee~~Paying Agent [, the ~~Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer,~~ Insurer] and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Class A Notes, the date of this Agreement, and: (i) The Available Distribution Amount for such Payment Date, separately stating the ~~aggregate~~ amount of ~~collections received on the Mortgage Loans by the Determination Date for the related Collection Period~~Interest Collections and Principal Collections; (ii) ~~the aggregate amount of (a) Interest Collections and (b) Principal Collections~~ The Class A Note Rate for ~~the related Collection Period~~such Payment Date; (iii) The Class A Note Principal Amount, the ~~Investor Floating Allocation Percentage~~ Pool Balance as reported in the prior Indenture Trustee's Statement to Noteholders or, in the case of the first Determination Date, the Original Class A Note Principal Amount and the ~~Investor Fixed Allocation Percentage for the related Collection Period~~Cut-Off Date Pool Balance; (iv) The number and aggregate Principal Balance of any Mortgage Loan purchased or substituted by the ~~Investor Interest Collections and Investor Principal Collections for~~ Depositor or the Master Servicer with respect to the related Collection ~~Period~~Period pursuant to Section 2.02; (v) The number and aggregate Principal Balance of any Mortgage Loan purchased or substituted by the ~~Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for~~ Depositor or the Master Servicer with respect to the related Collection ~~Period~~Period pursuant to Section 2.04; (vi) The number and aggregate Principal Balance of any Mortgage Loan purchased or substituted by the ~~Note Interest and~~ Depositor or the ~~applicable Note Rate for the Notes for~~ Master Servicer with respect to the related ~~Interest Period~~Collection Period pursuant to Section 3.01; (vii) The number and aggregate Principal Balance of any Mortgage Loan that the ~~amount of the Note Interest that is not payable~~ Master Servicer has consented to the ~~Noteholders because~~ placement of ~~insufficient Investor Interest Collections~~a senior lien during the related Collection Period pursuant to Section 3.01(a); (viii) ~~the Unpaid Investor Interest Shortfall and the~~ The amount of ~~interest on the shortfall at the applicable Note Rate applicable from time to time~~ any Substitution Adjustment Amounts for such Payment Date; (~~separately stated~~ix) The Class A Principal Distribution to be distributed on the Class A Notes, and the Interest Distribution for the related Payment Date to be distributed on the Class A Notes; (x) The amount, if any, of unpaid Interest Carry Forward Amount after giving effect to the distributions on the related Payment Date; (ixxi) The amount of the ~~remaining Unpaid Investor Interest Shortfall after the distribution~~ Insured Payments, if any, to be made on the related Payment Date; (~~x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (~~xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the Investor Loss Amount for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the The amount to be distributed to the Transferor ~~pursuant to Section 8.03(a)(x)~~ in respect of the ~~Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate~~ Transferor Interest for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date ~~and the aggregate expected amount of optional advances~~ pursuant to Section ~~4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date~~5.01(a)(vii); (~~xxxiii~~xiii) ~~the related Available Subordinated Transferor~~ The Class A Note Principal Amount after giving effect to the distribution to be made on the related Payment Date; (~~xxxiv~~xiv) The weighted average remaining term to maturity of the ~~number and principal balances of any~~ Mortgage Loans ~~transferred~~ and the weighted average Loan Rate; (xv) The Servicing Fee for the related Collection Period and any accrued amounts thereof that remain unpaid for previous Collection Periods; (xvi) The amounts to be paid to the ~~Transferor~~ Insurer, separately stated, pursuant to Sections 5.01(a)(iv) and 5.01(a)(vi); (xvii) The Premium Amount to be paid to the Insurer pursuant to Section ~~2.06~~5.01; (~~xxxv~~xviii) ~~the aggregate~~ The amount of all payments or reimbursements to the Master Servicer pursuant to Sections 3.03; (xix) The Overcollateralization Amount, the Interim Overcollateralization Amount, the Interim Overcollateralization Deficiency, the Overcollateralization Release Amount, the Targeted Overcollateralization Amount, the Excess Cashflow and the Distributable Excess Cashflow for such Payment Date; (xx) The amount of Distributable Excess Cashflow to be distributed to the Class A Noteholders on such Payment Date pursuant to Section 5.01(a)(v) on such Payment Date; (xxi) The number of Mortgage Loans outstanding at the beginning and at the end of the related Collection Period; (xxii) The Pool Balance as of the end of the related Collection Period; (xxiii) The number and aggregate Principal Balances of Mortgage Loans (x) as to which the scheduled monthly payment is contractually delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, and (y) that have become REO, in each case as of the end of such Collection Period; (xxiv) The unpaid principal amount of all Mortgage Loans that became Liquidated Mortgage Loans during such Collection Period; (xxv) The Net Liquidation ~~Loss Amounts~~ Proceeds received during such Collection Period; (xxvi) The cumulative losses on the Mortgage ~~Loans since~~ Loans; (xxvii) The book value (within the ~~Cut~~meaning of 12 C.F.R. Section 571.13 or comparable provision) of any real estate acquired through foreclosure or grant of a deed in lieu of foreclosure; (xxviii) The Sixty Day Delinquency Percentage for the related Collection Period; (xxix) The Sixty Day-~~off Date and whether~~ Plus Rolling Average for such Payment Date; (xxx) LIBOR for such Payment Date; (xxxi) Whether a ~~Cumulative Loss Test Violation~~ Master Servicer Termination Event has occurred since the prior Determination Date, specifying each such Master Servicer Termination Event if one has occurred; (~~xxxvi~~xxxii) ~~the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage,~~ Whether an Event of Default has occurred and ~~the Rolling Three Month Excess Spread Percentage~~ is continuing; (xxxiii) The amount of any Skip-A-Pay Advances for the ~~Payment Date~~related Collection Period; and (~~xxxvii~~xxxiv) ~~in the Servicing Certificates~~ The Skip-A-Pay Reimbursement Amount for ~~the first and second~~ such Payment ~~Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing~~ Date. The ~~Indenture Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~5.01, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master ~~Servicer, the Indenture Trustee~~ Servicer and the ~~Credit Enhancer~~Trustee or as may be required by the rules and regulations of the Securities and Exchange Commission. The Master Servicer shall give notice of any ~~changes~~ such change to the Rating ~~Agencies~~Agencies [and the Insurer].

Appears in 1 contract

Samples: Sale and Servicing Agreement (Household Mortgage Funding Corp Iii)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver ~~(a)~~ to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying ~~Agent, the Credit Enhancer,~~ Agent and each Rating Agency a Servicing Certificate containing the information set forth below with respect to the Mortgage Loans on an aggregate basis as of the end of the preceding Collection Period and such other information as the Indenture Trustee shall reasonably require (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's ’s Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the ~~aggregate~~ Available Payment Amount for such Payment Date, separately stating the amount of ~~collections received on the Mortgage Loans by the Determination Date for the related Collection Period~~Interest Collections and Principal Collections; (ii) the ~~aggregate~~ amount of ~~(a) Interest Collections~~ the payments to Holders of the Class A and ~~(b) Principal Collections~~ Class M Notes for such Payment Date, separately stating the ~~related Collection Period~~portions thereof allocable to interest and allocable to principal; (iii) the ~~Investor Floating Allocation Percentage~~ amount of any Interest Carry Forward Amount and Supplemental Interest Amount for each Class of Notes paid on such Payment Date and the ~~Investor Fixed Allocation Percentage~~ amount of any Interest Carry Forward Amount or Supplemental Interest Amount for each Class of Notes remaining after giving effect to the ~~related Collection Period~~payments on such Payment Date; (iv) the ~~Investor Interest Collections and Investor~~ amount of any Extra Principal ~~Collections~~ Payment Amount for ~~the related Collection Period~~such Payment Date; (v) the ~~Interest Collections that are not Investor Interest Collections and Transferor~~ Principal ~~Collections~~ Payment Amount for such Payment Date, separately stating the ~~related Collection Period~~components thereof; (vi) the ~~Note Interest~~ Principal Carry Forward Amount for each Class for such Payment Date and the ~~applicable Note Rate~~ amount of any Principal Carry Forward Amount for each Class remaining after giving effect to the ~~Notes for the related Interest Period~~payments on such Payment Date; (vii) the ~~amount~~ Note Principal Amount of each Class of Notes and the Pool Factor, the Pool Balance as reported in the prior Indenture Trustee’s Statement to Noteholders or, in the case of the first Determination Date, the Original Note ~~Interest that is not payable to~~ Principal Amount for each Class and the ~~Noteholders because of insufficient Investor Interest Collections~~Cut-Off Date Pool Balance; (viii) the ~~Unpaid Investor Interest Shortfall~~ number and aggregate Principal Balance of any Mortgage Loan purchased or substituted by the Depositor or the Master Servicer with respect to the related Collection Period pursuant to Section 2.02; (ix) the number and aggregate Principal Balance of any Mortgage Loan purchased or substituted by the Depositor or the Master Servicer with respect to the related Collection Period pursuant to Section 2.04; (x) the number and aggregate Principal Balance of any Mortgage Loan purchased or substituted by the Depositor or the Master Servicer with respect to the related Collection Period pursuant to Section 3.01; (xi) the amount of ~~interest on~~ any Substitution Adjustment Amounts for such Payment Date; (xii) the ~~shortfall at the applicable Note Rate applicable from time to time (separately stated)~~ amount to be ~~distributed~~ paid to the Transferor in respect of the Ownership Interest for the related Payment Date pursuant to Section 5.01(a)(xii); (xiii) the Note Principal Amount for each Class of Notes and the Pool Factor after giving effect to the payment to be made on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection Period and any accrued amounts thereof that remain unpaid for previous Collection Periods; (xv) the Realized Losses for such Collection Period; (xvi) the ~~Investor Loss~~ Overcollateralization Amount, the Interim Overcollateralization Amount, the Interim Overcollateralization Deficiency, the Overcollateralization Release Amount, the Targeted Overcollateralization Amount and the Monthly Excess Cashflow for such Payment Date; (xvii) the number of Mortgage Loans outstanding at the beginning and at the end of the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the ~~aggregate Asset~~ Pool Balance ~~of the Mortgage Loans~~ as of the end of the ~~preceding Collection Period and as of the end of the second preceding~~ related Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate ~~Asset~~ Principal Balances of Mortgage Loans (x) as to which the ~~Minimum Monthly Payment~~ scheduled monthly payment is contractually delinquent for ~~30-59 days~~one payment, ~~60-89 days,~~ two payments and 90 three or more ~~days~~payments, respectively and (y) that have become REO, in each case as of the end of such Collection Period; (xx) the ~~preceding~~ Cumulative Realized Losses on the Home Equity Loans; (xxi) the book value (within the meaning of 12 C.F.R. § 571.13 or comparable provision) of any real estate acquired through foreclosure or grant of a deed in lieu of foreclosure; (xxii) whether a Trigger Event has occurred or is continuing; (xxiii) the 60 Day Delinquency Percentage for the related Collection Period; (xxiv) the 60 Day+ Plus Rolling Average for such Payment Date; (xxv) LIBOR for such Payment Date; (xxvi) whether a ~~Rapid Amortization~~ Master Servicer Termination Event has occurred since the prior Determination Date, specifying ~~the Rapid Amortization~~ each such Master Servicer Termination Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the ~~Guaranteed Principal Payment Amount~~ Class A Formula Rate, Class A Note Rate, Class M Formula Rate, Class M Note Rate and the Available Funds Cap for ~~the~~ such Payment Date; (xxviii) the ~~Credit Enhancement Draw Amount~~ amount of any Skip-A-Pay Advances for the related ~~Payment Date~~Collection Period; (xxix) the ~~amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture~~Skip-A-Pay Reimbursement Amount for such Payment Date; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss ~~Test Violation has occurred since the prior Determination Date~~Percentage; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the Owner Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Household Mortgage Loan Trust 2003-Hc1)

Servicing Certificate. Not later than each Determination Date, the ~~Master~~ Servicer shall deliver ~~(a)~~ to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying ~~Agent, the Credit Enhancer,~~ Agent and each Rating Agency a Servicing Certificate containing the information set forth below with respect to the Mortgage Loans on an aggregate basis as of the end of the preceding Collection Period and such other information as the Indenture Trustee shall reasonably require (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the ~~Master~~ Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the ~~aggregate~~ Available Payment Amount for such Payment Date, separately stating the amount of ~~collections received on the Mortgage Loans by the Determination Date for the related Collection Period~~Interest Collections and Principal Collections; (ii) the ~~aggregate~~ amount of ~~(a) Interest Collections~~ the payments to Holders of the Class A and ~~(b) Principal Collections~~ Class M Notes for such Payment Date, separately stating the ~~related Collection Period~~portions thereof allocable to interest and allocable to principal; (iii) the ~~Investor Floating Allocation Percentage~~ amount of any Interest Carry Forward Amount and Supplemental Interest Amount for each Class of Notes paid on such Payment Date and the ~~Investor Fixed Allocation Percentage~~ amount of any Interest Carry Forward Amount or Supplemental Interest Amount for each Class of Notes remaining after giving effect to the ~~related Collection Period~~payments on such Payment Date; (iv) the ~~Investor Interest Collections and Investor~~ amount of any Extra Principal ~~Collections~~ Payment Amount for ~~the related Collection Period~~such Payment Date; (v) the ~~Interest Collections that are not Investor Interest Collections and Transferor~~ Principal ~~Collections~~ Payment Amount for such Payment Date, separately stating the ~~related Collection Period~~components thereof; (vi) the ~~Note Interest~~ Principal Carry Forward Amount for each Class for such Payment Date and the ~~applicable Note Rate~~ amount of any Principal Carry Forward Amount for each Class remaining after giving effect to the ~~Notes for the related Interest Period~~payments on such Payment Date; (vii) the ~~amount~~ Note Principal Amount of each Class of Notes and the Pool Factor, the Pool Balance as reported in the prior Indenture Trustee's Statement to Noteholders or, in the case of the first Determination Date, the Original Note ~~Interest that is not payable to~~ Principal Amount for each Class and the ~~Noteholders because of insufficient Investor Interest Collections~~Cut-Off Date Pool Balance; (viii) the ~~Unpaid Investor Interest Shortfall~~ number and aggregate Principal Balance of any Mortgage Loan purchased or substituted by the ~~amount of interest on~~ Seller or the ~~shortfall at the applicable Note Rate applicable from time~~ Servicer with respect to ~~time (separately stated) to be distributed on~~ the related ~~Payment Date~~Collection Period pursuant to Section 2.02; (ix) the ~~remaining Unpaid Investor Interest Shortfall after~~ number and aggregate Principal Balance of any Mortgage Loan purchased or substituted by the ~~distribution on~~ Seller or the Servicer with respect to the related ~~Payment Date~~Collection Period pursuant to Section 2.04; (x) the ~~amount~~ number and aggregate Principal Balance of any ~~Basis Risk Carryforward in~~ Mortgage Loan purchased or substituted by the ~~distribution~~Seller or the Servicer with respect to the related Collection Period pursuant to Section 3.01; (xi) The number and aggregate Principal Balance of any Mortgage Loan that the ~~amount of the remaining Basis Risk Carryforward after giving effect~~ Servicer has consented to the placement of a senior lien during the related ~~distribution~~Collection Period pursuant to Section 3.01(a); (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the Investor Loss Amount for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Substitution Adjustment Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the such Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxxxiii) the amount to be paid to the ~~Master Servicer pursuant to Section 8.03(a)(viii)~~ Transferor in respect of the ~~Indenture; (xxxi) the Maximum Rate~~ Ownership Interest for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date ~~and the aggregate expected amount of optional advances~~ pursuant to Section ~~4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date~~5.01(a)(xii); (~~xxxiii~~xiv) the ~~related Available Subordinated Transferor~~ Note Principal Amount for each Class of Notes and the Pool Factor after giving effect to the ~~distribution~~ payment to be made on the related Payment Date; (~~xxxiv~~xv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage Servicing Fee for the ~~Payment Date; and (xxxvii) in the Servicing Certificates~~ related Collection Period and any accrued amounts thereof that remain unpaid for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the Owner Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.previous Collection Periods;

Appears in 1 contract

Samples: Sale and Servicing Agreement (Compass Asset Acceptance Co)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans in each Loan Group by the Determination Date for the related Collection Period; (ii) the aggregate amount of (a) Interest Collections for each Loan Group for the related Collection Period and (b) Principal Collections for each Loan Group for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for each Loan Group for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for each Loan Group for the related Collection Period;; 25 (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for each Loan Group for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for ~~the~~ each Class of Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the ~~Noteholders~~ Holders of each Class of Notes because of insufficient Investor Interest ~~Collections~~Collections for the related Loan Group; (viii) the Unpaid Investor Interest Shortfall for each Class of Notes and the amount of interest on the shortfall at the applicable Note Rate for each Class of Notes applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall for each Class of Notes after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward for each Class of Notes in the distribution; (xi) the amount of the remaining Basis Risk Carryforward for each Class of Notes after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section ~~8.03(a)(vi~~8.03(a)(vii) of the ~~Indenture~~Indenture for each Loan Group; (xiii) the Scheduled Principal Collections Payment ~~Amount~~Amount for each Loan Group, separately stating its components; (xiv) the amount of any Transfer Deposit Amount for each Loan Group paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued Servicing Fees for the Mortgage Loans in each Loan Group for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the Investor Loss Amount for each Loan Group for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of ~~the~~ each Class of Notes pursuant to Section 8.03(a)(iv), Section 8.03(a)(viii), or Section 8.03(c) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans in each Loan Group as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance for each Class of Notes and loan factor after giving effect to the ~~distribution~~ payment on each Class of Notes on the related Payment Date and to any reduction because of the related Investor Loss Amount; (xxi) the Transferor ~~Principal Balance~~ Interest and the Available Transferor Subordinated Amount for each Loan Group after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans in each Loan Group during the previous Collection Period; (xxiii) for each Loan Group, the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v)~~ 8.03(a)(vi), Section 8.03(a)(ix), and Section ~~8.03(a)(vii~~8.03(a)(xi) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for each Class of Notes for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for each Class of Notes for the related Payment Date; (xxix) the amount to be distributed on the Mortgage Loans in each Loan Group to the Transferor pursuant to Section ~~8.03(a)(x~~8.03(a)(xiii) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section ~~8.03(a)(viii~~8.03(a)(x) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage ~~Loans~~Loans in each Loan Group; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding on the Mortgage Loans in each Loan Group as of the close of business on the related Payment Date; (xxxiii) the ~~related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the~~ number and principal balances of any Mortgage Loans in each Loan Group transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (~~xxxvii~~xxxiv) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for each Loan Group for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the Owner Trustee shall conclusively rely ~~upon~~ on the information ~~contained~~ in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture ~~Trustee~~ Trustee, and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust Series, 2004-U)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver ~~(a)~~ to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the ~~Credit Enhancer,~~ Insurer and each Rating Agency a Servicing Certificate containing the information set forth below with respect to the Home Equity Loans on an aggregate basis as of the end of the preceding Collection Period and such other information as the Indenture Trustee shall reasonably require (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture ~~Trustee and~~ Trustee, the Master ~~Servicer~~Servicer and (so long as no Insurer Default exists and is continuing) the Insurer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the ~~aggregate~~ Available Payment Amount for such Payment Date, separately stating the amount of ~~collections received on the Mortgage Loans by the Determination Date for the related Collection Period~~Interest Collections and Principal Collections; (ii) the ~~aggregate~~ amount of ~~(a) Interest Collections~~ the payments to Holders of the Notes for such Payment Date, separately stating the portions thereof allocable to interest and ~~(b) Principal Collections for the related Collection Period~~allocable to principal; (iii) the ~~Investor Floating Allocation Percentage~~ amount of any Interest Carry Forward Amount and Supplemental Interest Amount for the Notes paid on such Payment Date and the ~~Investor Fixed Allocation Percentage~~ amount of any Interest Carry Forward Amount or Supplemental Interest Amount for the ~~related Collection Period~~Notes remaining after giving effect to the payments on such Payment Date; (iv) the ~~Investor Interest Collections~~ Note Principal Amount, the Pool Balance as reported in the prior Indenture Trustee's Statement to Noteholders or, in the case of the first Determination Date, the Original Note Principal Amount and ~~Investor Principal Collections for~~ the ~~related Collection Period~~Cut-Off Date Pool Balance; (v) the ~~Interest Collections that are not Investor Interest Collections~~ number and ~~Transferor~~ aggregate Principal ~~Collections for~~ Balance of any Home Equity Loan purchased or substituted by the Depositor or the Master Servicer with respect to the related Collection ~~Period~~Period pursuant to Section 2.02; (vi) the ~~Note Interest~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~applicable Note Rate for~~ Depositor or the ~~Notes for~~ Master Servicer with respect to the related ~~Interest Period~~Collection Period pursuant to Section 2.04; (vii) the ~~amount~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~Note Interest that is not payable~~ Depositor or the Master Servicer with respect to the ~~Noteholders because of insufficient Investor Interest Collections~~related Collection Period pursuant to Section 3.01; (viii) the ~~Unpaid Investor Interest Shortfall~~ number and aggregate Principal Balance of any Home Equity Loan that the ~~amount~~ Master Servicer has consented to the placement of ~~interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on~~ a senior lien during the related ~~Payment Date~~Collection Period pursuant to Section 3.01(a); (ix) the ~~remaining Unpaid Investor Interest Shortfall after the distribution on the related~~ amount of any Substitution Adjustment Amounts for such Payment Date; (x) the amount of ~~any Basis Risk Carryforward in~~ the ~~distribution~~Insured Payments, if any, to be made on the related Payment Date; (xi) the amount to be paid to the Transferor in respect of the ~~remaining Basis Risk Carryforward after giving effect to~~ Ownership Interest for the related ~~distribution~~Payment Date pursuant to Section 5.01(a)(viii); (xii) the ~~Accelerated~~ Note Principal Amount after giving effect to the payment to be made on the related Payment ~~Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture~~Date; (xiii) the ~~Scheduled Principal Collections Payment Amount, separately stating its components~~Servicing Fee for the related Collection Period and any accrued amounts thereof that remain unpaid for previous Collection Periods; (xiv) the amount of ~~any Transfer Deposit Amount paid by~~ all payments or reimbursements to the ~~Sponsor or the Depositor~~ Master Servicer pursuant to ~~Section 2.02 or 2.04~~Sections 3.03; (xv) ~~any accrued Servicing Fees for~~ the ~~Mortgage Loans for previous Collection Periods~~ Overcollateralization Amount, the Interim Overcollateralization Amount, the Interim Overcollateralization Deficiency, the Overcollateralization Release Amount, the Targeted Overcollateralization Amount, the Excess Cashflow and the ~~Servicing Fee~~ Distributable Excess Cashflow for such Payment Date; (xvi) the amount of Distributable Excess Cashflow to be paid to the Noteholders on such Payment Date pursuant to Section 5.01(a)(iv) on such Payment Date; (xvii) the number of Home Equity Loans outstanding at the beginning and at the end of the related Collection Period; (~~xvi~~xviii) the ~~Investor Loss Amount for~~ Pool Balance as of the end of the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate ~~Asset~~ Principal Balances of ~~Mortgage~~ Home Equity Loans (x) as to which the ~~Minimum Monthly Payment~~ scheduled monthly payment is contractually delinquent for 30-59 days, 60-89 ~~days,~~ days and 90 or more days, ~~respectively~~ respectively, and (y) that have become REO, in each case as of the end of ~~the preceding~~ such Collection Period; (xx) the unpaid principal amount of all Home Equity Loans that became Liquidated Home Equity Loans during such Collection Period; (xxi) the Net Liquidation Proceeds received during such Collection Period; (xxii) the Cumulative Realized Losses on the Home Equity Loans; (xxiii) the book value (within the meaning of 12 C.F.R.ss. 571.13 or comparable provision) of any xxxx xxtate acquired through foreclosure or grant of a deed in lieu of foreclosure; (xxiv) the Ninety Day-Plus Delinquency Percentage for the related Collection Period; (xxv) the Ninety Day-Plus Rolling Average for such Payment Date; (xxvi) LIBOR for such Payment Date; (xxvii) whether a ~~Rapid Amortization~~ Master Servicer Termination Event has occurred since the prior Determination Date, specifying ~~the Rapid Amortization~~ each such Master Servicer Termination Event if one has occurred; (~~xxv~~xxviii) whether an Event of ~~Servicing Termination~~ Default has occurred ~~since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v)~~ and ~~Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date~~is continuing; (xxix) the ~~amount to be distributed to~~ Formula Rate, the ~~Transferor pursuant to Section 8.03(a)(x) of~~ Available Funds Cap and the ~~Indenture~~Note Rate for such Payment Date; (xxx) the amount ~~to be paid to~~ of any Skip-A-Pay Advances for the ~~Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture~~related Collection Period; (xxxi) the ~~Maximum Rate~~ Skip-A-Pay Reimbursement Amount for ~~the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans~~such Payment Date; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date;Cumulative Loss Percentage; and (xxxiii) the ~~related Available Subordinated Transferor Amount after giving effect to~~ sum of outstanding Principal Balances of the ~~distribution to be made on~~ three largest Home Equity Loans as of the end of the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing DateCollection Period. The Indenture ~~Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making ~~distributions~~ payments pursuant to Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~5.01, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee and, so long as no Insurer Default exists and is continuing, the ~~Credit Enhancer~~Insurer or as may be required by the rules and regulations of the Securities and Exchange Commission. The Master Servicer shall give notice of any ~~changes~~ such change to the Rating ~~Agencies~~Agencies and the Insurer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (HFC Revolving Corp Household Home Equity Loan Trust 2002-2)

Servicing Certificate. Not later than ~~each Determination~~ seven (7) Business Days prior to the Payment Date, the ~~Master~~ Servicer shall deliver (a) to the ~~Indenture~~ Trustee, the ~~data necessary~~ Statement to ~~prepare the items below and the statement for Noteholders~~ each Class of Securityholders required to be prepared pursuant to Section ~~4.04~~ 8.8 of the Pooling Agreement and (b) to the ~~Indenture Trustee, the Owner~~ Trustee, the Sponsor, the ~~Depositor, the~~ Paying Agent, the ~~Credit Enhancer~~Insurer, Xxxxxxx Mac and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture~~ Trustee and the ~~Master~~ Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, Payment Date, the series number of the ~~Notes~~Securities, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans by on or prior to the Determination Date ~~for the related~~ in respect of such Collection Period; (ii) the aggregate amount of (a) Interest Collections and (b) Principal Collections for ~~the related~~ such Collection Period; (iii) the ~~Investor Floating Allocation Percentage~~ Class A-1 Certificate Rate and the ~~Investor Fixed Allocation Percentage for the related Collection Period~~Class A-2 Note Rate; (iv) the ~~Investor~~ amount, if any, of such Class A-1 Interest ~~Collections and Investor Principal Collections for the related Collection Period~~Payment Amount or Class A-2 Interest Payment Amount that is not payable on account of insufficient Securityholders' Interest Collections; (v) the ~~Interest Collections that are not Investor Interest Collections and Transferor~~ Accelerated Principal ~~Collections for~~ Payments to be distributed pursuant to Section 8.7(d)(viii) of the ~~related Collection Period~~Pooling Agreement; (vi) the ~~Note Interest and~~ Principal Collections for such Payment Date, separately stating the ~~applicable Note Rate for the Notes for the related Interest Period~~components thereof; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued and unpaid Servicing Fees ~~for the Mortgage Loans~~ for previous Collection Periods and the Servicing Fee for ~~the related~~ such Collection Period; (~~xvi~~viii) the ~~Investor Loss Amount~~ related Pool Balance for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans each Pool as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix) [Deleted]; (xx~~ix) the Class A-1 Certificate Principal Balance and the Class A-2 Note Principal Balance and ~~loan factor~~ related Pool Factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the such Payment Date; (~~xxii~~x) the aggregate amount of Additional Balances created ~~on the Mortgage Loans~~ during the previous Collection Period; (~~xxiii~~xi) by Pool and in the aggregate, the number and aggregate ~~Asset~~ Principal Balances of Mortgage Loans (xA) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days, 150-179 days and 90 180 or more ~~days,~~ days respectively and (yB) that have become REO, in each case as of the end of the preceding Collection Period; (C) as to which foreclosure proceedings have been commenced, and (D) in bankruptcy and delinquent as of the close of business on the last day of the calendar month preceding such Distribution Date; (~~xxiv~~xii) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying ~~the~~ each such Rapid Amortization Event if one has occurred; (~~xxv~~xiii) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying ~~the~~ each such Event of Servicing Termination if one has occurred; (~~xxvi~~xiv) the amount to be distributed to the ~~Credit Enhancer~~ Insurer or Xxxxxxx Mac pursuant to Section ~~8.03(a)(v~~8.7(d)(ii) and Section ~~8.03(a)(vii~~8.7(d)(vii) of the ~~Indenture~~Pooling Agreement, stated separately; (~~xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix~~xv) the amount to be distributed to the ~~Transferor~~ Reserve Fund pursuant to Section ~~8.03(a)(x~~8.7(d)(x) of the ~~Indenture~~Pooling Agreement; (~~xxx~~xvi) Insured Payments, if any, for such Payment Date including any related Deficiency Amount and any related Preference Amount; (xvii) the amount to be distributed to the related Residual Certificateholders pursuant to Section 8.7(d)(xiv) of the Pooling Agreement; (xviii) the amount to be paid to the ~~Master~~ Servicer pursuant to Section ~~8.03(a)(viii~~8.7(d)(xi) of the ~~Indenture~~Pooling Agreement; (~~xxxi~~xix) the ~~Maximum Rate for~~ total amount of funds on deposit in the ~~related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans~~Reserve Fund; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiiixx) the related ~~Available Subordinated Transferor~~ Overcollateralization Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the such Payment Date; and (~~xxxvii~~xxi) ~~in the Servicing Certificates for the first and second Payment Dates,~~ the number and ~~Cut-off Date Asset Balance~~ Principal Balances of any Mortgage Loans ~~for which the Mortgage Loan File was not delivered~~ removed to the ~~Indenture Trustee within 30 days~~ Sponsor pursuant to Section 2.07; (xxii) the amount to be drawn under the Demand Note; (xxiii) the Six Month Rolling Pool Delinquency Rate for each Pool; and (xxiv) the cumulative Liquidation Loss Amounts with respect to Pool I as a percentage of both the ~~Closing Date~~Initial Pool I Balance and the current Pool Balance with respect to Pool I and the cumulative Liquidation Loss Amounts with respect to Pool II as a percentage of both the Initial Pool II Balance and the current Pool Balance with respect to Pool II. The ~~Indenture Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03~~ 8.7 of the ~~Indenture or distributions on the Transferor Certificates~~Pooling Agreement, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the ~~Master~~ Servicer, the ~~Indenture Trustee~~ Trustee, the Insurer and ~~the Credit Enhancer~~Xxxxxxx Mac. The ~~Master~~ Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Greenpoint Mortgage Securities Inc/)

Servicing Certificate. Not later than each Determination Date, the ~~Master~~ Servicer shall deliver ~~(a)~~ to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the DepositorAdministrator, the Paying ~~Agent, the Credit Enhancer,~~ Agent and each Rating Agency a Servicing Certificate containing the information set forth below with respect to the Home Equity Loans on an aggregate basis at the end of the preceding Collection Period (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture Trustee~~ Administrator and the ~~Master~~ Servicer), together with an Officer's ’s Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, ~~Payment~~ Distribution Date, the series number of the ~~Notes~~Certificates, the date of this Agreement, and: (i) the ~~aggregate~~ Available Distribution Amount for such Distribution Date, separately stating the amount of ~~collections received on the Mortgage Loans by the Determination Date for the related Collection Period~~Interest Collections and Principal Collections; (ii) the ~~aggregate~~ amount of ~~(a) Interest Collections~~ the payments due to Holders of each Class of Offered Certificates for such Distribution Date, separately stating the portions thereof allocable to interest and ~~(b) Principal Collections for the related Collection Period~~to principal; (iii) the ~~Investor Floating Allocation Percentage~~ amount of any Interest Carry Forward Amount and Net Rate Carryover Amount for each Class of Offered Certificates to be distributed on such Distribution Date and the ~~Investor Fixed Allocation Percentage~~ amount of any Interest Carry Forward Amount or Net Rate Carryover Amount for each Class of Offered Certificates remaining after giving effect to the ~~related Collection Period~~distributions on such Distribution Date; (iv) the ~~Investor Interest Collections and Investor~~ Principal ~~Collections~~ Distribution Amount for such Distribution Date (and, if applicable, the ~~related Collection Period~~portion thereof consisting of the Extra Principal Distribution Amount for such Distribution Date), separately stating the portion allocable to each Class of Offered Certificates on such Distribution Date; (v) the ~~Interest Collections that are not Investor Interest Collections~~ Certificate Principal Balance of each Class of Offered Certificates, the Pool Balance as reported in the prior Monthly Distribution Statement or, in the case of the first Determination Date, the Original Class Certificate Principal Balance for each Class of Offered Certificates and ~~Transferor Principal Collections for~~ the ~~related Collection Period~~Cut-Off Date Pool Balance; (vi) the ~~Note Interest and~~ Certificate Principal Balance of each Class of Offered Certificates after giving effect to the ~~applicable Note Rate for the Notes for the related Interest Period~~distributions on such Distribution Date; (vii) the ~~amount~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~Note Interest that is not payable~~ Depositor or the Servicer with respect to the ~~Noteholders because of insufficient Investor Interest Collections~~related Collection Period pursuant to Section 2.02; (viii) the ~~Unpaid Investor Interest Shortfall~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~amount of interest on~~ Depositor or the ~~shortfall at the applicable Note Rate applicable from time~~ Servicer with respect to ~~time (separately stated) to be distributed on~~ the related ~~Payment Date~~Collection Period pursuant to Section 2.04; (ix) the ~~remaining Unpaid Investor Interest Shortfall after~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~distribution on~~ Depositor or the Servicer with respect to the related ~~Payment Date~~Collection Period pursuant to Section 3.01; (x) the amount of any ~~Basis Risk Carryforward in the distribution~~Substitution Adjustment Amounts for such Distribution Date; (xi) the ~~amount~~ amount, if any, to be distributed to the Holder of the ~~remaining Basis Risk Carryforward after giving effect to the related distribution~~Class R Certificate on such Distribution Date; (xii) the ~~Accelerated Principal Payment Amount and~~ Servicing Fee for such Collection Period (as reduced by the ~~portion of it that will be distributed pursuant to Section 8.03(a)(vi) of~~ Compensating Interest for the ~~Indenture~~related Collection Period); (xiii) the ~~Scheduled Principal Collections Payment Amount, separately stating its components~~Compensating Interest for the related Collection Period; (xiv) the amount of ~~any Transfer Deposit Amount paid by~~ all payments or reimbursements to the ~~Sponsor or the Depositor~~ Servicer pursuant to ~~Section 2.02 or 2.04~~Sections 3.03(ii) through (vi); (xv) ~~any accrued Servicing Fees for~~ the ~~Mortgage Loans for previous Collection Periods~~ Overcollateralization Amount, if any, and the ~~Servicing Fee~~ Overcollateralization Release Amount, Targeted Overcollateralization Amount and Monthly Excess Cashflow for such Distribution Date; (xvi) the Applied Realized Loss Amount and Unpaid Realized Loss Amount for each Class of Class M Certificates for such Distribution Date; (xvii) the number of Home Equity Loans outstanding at the beginning and at the end of the related Collection Period; (~~xvi~~xviii) the ~~Investor Loss Amount for~~ Pool Balance as of the end of the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate ~~Asset~~ Principal Balances of ~~Mortgage~~ Home Equity Loans (x) as to which ~~the Minimum Monthly Payment is delinquent for 30-59 days~~one, ~~60-89 days, and 90~~ two or three or more ~~days~~scheduled monthly payments, ~~respectively~~ respectively, are contractually delinquent, and (y) that have become REO, in each case as of the end of such Collection Period; (xx) the ~~preceding~~ Cumulative Realized Losses on the Home Equity Loans as of the end of the related Collection Period; (xxi) the One Payment Delinquency Percentage for the related Collection Period; (xxii) the Two Payment Delinquency Percentage for the related Collection Period; (xxiii) the Two Payment Plus Delinquency Percentage for the related Collection Period; (xxiv) the Two Payment Plus Rolling Average for such Distribution Date; (xxv) the Three Payment Plus Delinquency Percentage for the related Collection Period; (xxvi) the aggregate Principal Balances of Home Equity Loans that were restructured (and delinquency reset) during such Collection Period; (xxvii) the aggregate Principal Balances of Home Equity Loans that were restructured (and delinquency reset) during such Collection Period as a percentage of the Pool Balance as of the end of such Collection Period; (xxviii) whether a ~~Rapid Amortization~~ Servicer Termination Event has occurred since the prior Determination Date, specifying ~~the Rapid Amortization~~ each Servicer Termination Event if one has occurred; (~~xxv~~xxix) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount One-Month LIBOR for the related ~~Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture~~Interest Accrual Period(s); (xxx) the ~~amount to be paid to~~ Formula Rate and Pass-Through Rate for each Class of Offered Certificates and the ~~Master Servicer pursuant to Section 8.03(a)(viii) of~~ Net Rate Cap, in each case for such Distribution Date or the ~~Indenture~~related Interest Accrual Period, as the case may be; (xxxi) the ~~Maximum Rate~~ Cumulative Loss Percentage for the related Collection ~~Period and the Weighted Average Net Loan Rate for the Mortgage Loans~~Period; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date;whether a Trigger Event has occurred or is continuing; and (xxxiii) such other information as is required by the ~~related Available Subordinated Transferor Amount after giving effect to the distribution~~ Code and regulations thereunder to be made on available to Holders of the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, Offered Certificates. The Administrator and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the Owner Trustee Paying Agent shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~4.01, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the ~~Master Servicer, the Indenture Trustee~~ Servicer and the ~~Credit Enhancer~~Administrator or as may be required by the rules and regulations of the SEC. The ~~Master~~ Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2007-3)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans in each Loan Group by the Determination Date for the related Collection Period; (ii) the aggregate amount of (a) Interest Collections for each Loan Group for the related Collection Period and (b) Principal Collections for each Loan Group for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for each Loan Group for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for each Loan Group for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for each Loan Group for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for ~~the~~ each Class of Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the ~~Noteholders~~ Holders of each Class of Notes because of insufficient Investor Interest ~~Collections~~Collections for the related Loan Group; (viii) the Unpaid Investor Interest Shortfall for each Class of Notes and the amount of interest on the shortfall at the applicable Note Rate for each Class of Notes applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall for each Class of Notes after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward for each Class of Notes in the distribution; (xi) the amount of the remaining Basis Risk Carryforward for each Class of Notes after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section ~~8.03(a)(vi~~8.03(a)(ix) of the ~~Indenture~~Indenture for each Loan Group; (xiii) the Scheduled Principal Collections Payment ~~Amount~~Amount for each Loan Group, separately stating its components; (xiv) the amount of any Transfer Deposit Amount for each Loan Group paid by the Sponsor or the Depositor pursuant to Section ~~2.02 or 2.04~~2.07; (xv) any accrued Servicing Fees for the Mortgage Loans in each Loan Group for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the Investor Loss Amount for each Loan Group for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of ~~the~~ each Class of Notes pursuant to Section ~~8.03(a)(iv~~8.03(a)(v), Section 8.03(a)(x), or Section 8.03(c) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans in each Loan Group as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) ~~[Deleted]; (xx)~~ the Note Principal Balance for each Class of Notes and loan factor after giving effect to the ~~distribution~~ payment on each Class of Notes on the related Payment Date and to any reduction because of the related Investor Loss Amount; (~~xxi~~xx) the Transferor ~~Principal Balance~~ Interest and the Available Transferor Subordinated Amount for each Loan Group after giving effect to the distribution on the Payment Date; (~~xxii~~xxi) the aggregate amount of Additional Balances created on the Mortgage Loans in each Loan Group during the previous Collection Period; (~~xxiii~~xxii) for each Loan Group, the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, ~~60-~~60 89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~xxiii) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (~~xxv~~xxiv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (~~xxvi~~xxv) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v)~~ 8.03(a)(viii), Section 8.03(a)(xi), and Section ~~8.03(a)(vii~~8.03(a)(xiii) of the Indenture, stated separately; (~~xxvii~~xxvi) the Guaranteed Principal Payment Amount for each Class of Notes for the Payment Date; (xxvii) the Credit Enhancement Draw Amount for each Class of Notes for the related Payment Date; (xxviii) the ~~Credit Enhancement Draw Amount for the related Payment Date; (xxix) the~~ amount to be distributed on the Mortgage Loans in each Loan Group to the Transferor pursuant to Section ~~8.03(a)(x~~8.03(a)(xvi) of the Indenture; (~~xxx~~xxix) the amount to be paid to the Master Servicer pursuant to Section ~~8.03(a)(viii~~8.03(a)(xii) of the Indenture; (~~xxxi~~xxx) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage ~~Loans~~Loans in each Loan Group; (~~xxxii~~xxxi) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding on the Mortgage Loans in each Loan Group as of the close of business on the related Payment Date; (~~xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv~~xxxii) the number and principal balances of any Mortgage Loans in each Loan Group transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (~~xxxvii~~xxxiii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for each Loan Group for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. (xxxiv) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group as to which the Minimum Monthly Payment is delinquent for 180 or more days; and (xxxv) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group that are in foreclosure. The Indenture Trustee and the Owner Trustee shall conclusively rely ~~upon~~ on the information ~~contained~~ in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this ~~information~~ information, and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture ~~Trustee~~ Trustee, and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2005-J)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture ~~Trustee~~Trustee (with a copy to the Credit Enhancer), the data (including loan level data) necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans in each Loan Group by the Determination Date for the related Collection Period; (ii) the aggregate amount of (a) Interest Collections for each Loan Group for the related Collection Period and (b) Principal Collections for each Loan Group for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for each Loan Group for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for each Loan Group for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for each Loan Group for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for ~~the~~ each Class of Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the ~~Noteholders~~ Holders of each Class of Notes because of insufficient Investor Interest ~~Collections~~Collections for the related Loan Group; (viii) the Unpaid Investor Interest Shortfall for each Class of Notes and the amount of interest on the shortfall at the applicable Note Rate for each Class of Notes applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall for each Class of Notes after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward for each Class of Notes in the ~~distribution~~distribution and the amount of Rate Cap Shortfalls for the Class 2-A-2A Notes; (xi) the amount of the remaining Basis Risk Carryforward for each Class of Notes after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section ~~8.03(a)(vi~~8.03(a)(ix) of the ~~Indenture~~Indenture for each Loan Group; (xiii) the Scheduled Principal Collections Payment ~~Amount~~Amount for each Loan Group, separately stating its components; (xiv) the amount of any Transfer Deposit Amount for each Loan Group paid by the Sponsor or the Depositor pursuant to Section ~~2.02 or 2.04~~2.07; (xv) any accrued Servicing Fees for the Mortgage Loans in each Loan Group for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the Investor Loss Amount for each Loan Group for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of ~~the~~ each Class of Notes pursuant to Section ~~8.03(a)(iv~~8.03(a)(v), Section 8.03(a)(x), or Section 8.03(c) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans in each Loan Group as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) ~~[Deleted]~~the Rolling Three Month Delinquency Rate (as defined in the Insurance Agreement) and the Excess Spread Percentage for the Payment Date, except that the Master Servicer shall not be required to include this information in the first two Servicing Certificates; (xx) the Note Principal Balance for each Class of Notes and loan factor after giving effect to the ~~distribution~~ payment on each Class of Notes on the related Payment Date and to any reduction because of the related Investor Loss ~~Amount~~Amount and the allocation of Applied Realized Loss Amounts for that payment date; (xxi) the Transferor ~~Principal Balance~~ Interest and the Available Transferor Subordinated Amount for each Loan Group after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans in each Loan Group during the previous Collection Period; (xxiii) for each Loan Group, the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v)~~ 8.03(a)(viii), Section 8.03(a)(xi), and Section ~~8.03(a)(vii~~8.03(a)(xiii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for each Class of Notes for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for each Class of Notes for the related Payment Date; (xxix) the amount to be distributed on the Mortgage Loans in each Loan Group to the Transferor pursuant to Section ~~8.03(a)(x~~8.03(a)(xvii) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section ~~8.03(a)(viii~~8.03(a)(xii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage ~~Loans~~Loans in each Loan Group; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding on the Mortgage Loans in each Loan Group as of the close of business on the related Payment Date; (xxxiii) the ~~related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the~~ number and principal balances of any Mortgage Loans in each Loan Group transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxviixxxiv) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for each Loan Group for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. (xxxv) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group as to which the Minimum Monthly Payment is delinquent for 180 or more days; (xxxvi) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group that are in foreclosure; and (xxxvii) the sum of the Asset Balances for the three largest outstanding Mortgage Loans in each Loan Group. The Indenture Trustee and the Owner Trustee shall conclusively rely ~~upon~~ on the information ~~contained~~ in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this ~~information~~ information, and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture ~~Trustee~~ Trustee, and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2005-K)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare ~~the items below and~~ the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i1) the aggregate amount of collections received on the Mortgage Loans in each Loan Group by the Determination Date for the related Collection Period; (ii2) the aggregate amount of (a) Interest Collections for each Loan Group for the related Collection Period and (b) Principal Collections for each Loan Group for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv3) any accrued Servicing Fees for the Mortgage Loans in each Loan Group for previous Collection Periods and the Servicing Fee for the related Collection Period; (~~xvi~~4) the ~~Investor~~ Liquidation Loss Amount for each Loan Group for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii5) the aggregate Asset Balance of the Mortgage Loans in each Loan Group as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix~~6) ~~[Deleted]~~the Credit Enhancement Draw Amount for each Class of Notes for the related Payment Date; (xx7) the ~~Note Principal Balance and loan factor after giving effect~~ amount to be distributed to the ~~distribution on the related Payment Date~~ Credit Enhancer pursuant to Section 8.03(a)(vi), Section 8.03(a)(x), and ~~to any reduction because~~ Section 8.03(a)(xii) of the ~~Investor Loss Amount~~Indenture, stated separately; (~~xxi)~~ 8) the ~~Transferor~~ Guaranteed Principal ~~Balance and the Available Transferor Subordinated~~ Payment Amount ~~after giving effect to the distribution on~~ for each Class of Insured Notes for the Payment Date; (~~xxii~~9) the amount of any payment under the Loan Insurance Policy, amount of claims denied thereunder, and the remaining amount available under the Loan Insurance Policy; (10) the amount of payments received on the Sponsor Loss Coverage Obligation with respect to each Loan Group, the amount of such payments expected to be received for the next Payment Date with respect to each Loan Group and the amount of its remaining coverage; (11) the aggregate amount of Additional Balances created on the Mortgage Loans in each Loan Group during the previous Collection Period; (~~xxiii~~12) for each Loan Group, the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~13) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average ~~Net~~ Gross Loan Rate for the Mortgage ~~Loans~~Loans in each Loan Group; (~~xxxii~~14) the ~~expected~~ amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group remaining unpaid at the end of the Collection Period preceding the related Collection Period; (15) the amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group made during the related Collection Period and included in the ~~distribution~~ payment on the ~~related~~ Payment ~~Date and~~ Date; (16) the aggregate ~~expected~~ amount of optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group that will remain outstanding as of the close of business on the ~~related~~ Payment Date; (~~xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv~~17) the number and principal balances of any Mortgage Loans transferred from each Loan Group to the Transferor pursuant to Section 2.06; (~~xxxv~~18) with respect to the Collection Account during the Collection Period related to the Payment Date: (A) its balance at the beginning of the Collection Period; (B) deposits of the aggregate Transfer Deposit amount for retransferred Mortgage Loans pursuant to Section 2.06; (C) deposits of ~~all Liquidation Loss Amounts~~ the aggregate Purchase Price for delinquent Mortgage Loans purchased by the Sponsor pursuant to Section 3.06; (D) deposits of the aggregate Purchase Price made by the Sponsor in connection with modification of Mortgage Loans pursuant to Section 3.01; (E) deposits by the Master Servicer to account for losses accrued on Eligible Investments; (F) income accrued on Eligible Investments; (G) deposits of the termination purchase price in connection with termination pursuant to Section 8.01; (H) other deposits; (I) withdrawals of investment income on Eligible Investments; (J) withdrawals for the purchase of Additional Balances; (K) transfers to the Payment Account; (L) other withdrawals; and (M) its balance at the end of the Collection Period; (19) with respect to the first and second Payment Dates, deposits by the Master Servicer with respect to each class of Notes to account for shortfalls in interest collections resulting from the failure of the Mortgage Loans to be fully indexed pursuant to Section 3.03; (20) with respect to the first Payment Date, deposits by the Master Servicer with respect to each class of Notes to account for shortfalls in interest collections resulting from the prefunding mechanism and the longer first Interest Period, pursuant to Section 3.03; (21) with respect to the first Payment Date, the amount of collections on the Mortgage Loans ~~since~~ in each Loan Group for the period between the initial Cut-off Date and ~~whether a Cumulative Loss Test Violation has occurred since~~ the ~~prior Determination~~ Closing Date, specifying the interest and principal portions thereof; (~~xxxvi~~22) Liquidation Expenses and indemnification payments paid to the Master Servicer for the related Collection Period with respect to each Loan Group; (23) Liquidation Expenses and indemnification payments payable to the Master Servicer on the Payment Date from Excess Interest pursuant to Section 8.03(a)(xi) of the Indenture; (24) the ~~Rolling Six Month Delinquency Rate,~~ weighted average remaining term of the ~~Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date~~Mortgage Loans in each Loan Group; and (~~xxxvii~~25) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for each Loan Group for which the Mortgage Loan File was not delivered to the Custodian acting on behalf Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the Owner Trustee shall conclusively rely ~~upon~~ on the information ~~contained~~ in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this ~~information~~ information, and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture ~~Trustee~~ Trustee, and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-F)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans in each Loan Group by the Determination Date for the related Collection Period; (ii) the aggregate amount of (a) Interest Collections for each Loan Group for the related Collection Period and (b) Principal Collections for each Loan Group for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for each Loan Group for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for each Loan Group for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for each Loan Group for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for ~~the~~ each Class of Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the ~~Noteholders~~ Holders of each Class of Notes because of insufficient Investor Interest ~~Collections~~Collections for the related Loan Group; (viii) the Unpaid Investor Interest Shortfall for each Class of Notes and the amount of interest on the shortfall at the applicable Note Rate for each Class of Notes applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall for each Class of Notes after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward for each Class of Notes in the distribution; (xi) the amount of the remaining Basis Risk Carryforward for each Class of Notes after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section ~~8.03(a)(vi~~8.03(a)(vii) of the ~~Indenture~~Indenture for each Loan Group; (xiii) the Scheduled Principal Collections Payment ~~Amount~~Amount for each Loan Group, separately stating its components; (xiv) the amount of any Transfer Deposit Amount for each Loan Group paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued Servicing Fees for the Mortgage Loans in each Loan Group for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the Investor Loss Amount for each Loan Group for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of ~~the~~ each Class of Notes pursuant to Section 8.03(a)(iv), Section 8.03(a)(viii), or Section 8.03(c) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans in each Loan Group as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance for each Class of Notes and loan factor after giving effect to the ~~distribution~~ payment on each Class of Notes on the related Payment Date and to any reduction because of the related Investor Loss Amount; (xxi) the Transferor ~~Principal Balance~~ Interest and the Available Transferor Subordinated Amount for each Loan Group after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans in each Loan Group during the previous Collection Period; (xxiii) for each Loan Group, the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v)~~ 8.03(a)(vi), Section 8.03(a)(ix), and Section ~~8.03(a)(vii~~8.03(a)(xi) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for each Class of Notes for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for each Class of Notes for the related Payment Date; (xxix) the amount to be distributed on the Mortgage Loans in each Loan Group to the Transferor pursuant to Section ~~8.03(a)(x~~8.03(a)(xiii) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section ~~8.03(a)(viii~~8.03(a)(x) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage ~~Loans~~Loans in each Loan Group; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding on the Mortgage Loans in each Loan Group as of the close of business on the related Payment Date; (xxxiii) the ~~related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the~~ number and principal balances of any Mortgage Loans in each Loan Group transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (~~xxxvii~~xxxiv) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for each Loan Group for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. (xxxv) the number and principal balances of any Mortgage Loans in each Loan Group transferred to the Transferor pursuant to Section 2.06; (xxxvi) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for each Loan Group for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date; (xxxvii) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group as to which the Minimum Monthly Payment is delinquent for 180 or more days; (xxxviii) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group that are in foreclosure; (xxxix) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group for which the Master Servicer has received a written notice of the filing of bankruptcy or insolvency proceedings with respect to the mortgagor; and (xl) the sum of the Asset Balances for the three largest outstanding Mortgage Loans in each Loan Group. The Indenture Trustee and the Owner Trustee shall conclusively rely ~~upon~~ on the information ~~contained~~ in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-A)

Servicing Certificate. Not later than each Determination Date, the ~~Master~~ Servicer shall deliver (a) to the Indenture Trustee, the ~~data necessary~~ Statement to ~~prepare the items below and the statement for~~ each Class of Noteholders required to be prepared pursuant to Section ~~4.04~~ 8.7 of the Indenture and (b) to the Indenture Trustee, the ~~Owner Trustee, the~~ Sponsor~~, the Depositor~~, the Paying Agent, the ~~Credit Enhancer,~~ Insurer and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the ~~Master~~ Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans by on or prior to the Determination Date ~~for the related~~ in respect of such Collection Period; (ii) the aggregate amount of (a) Interest Collections and (b) Principal Collections for ~~the related~~ such Collection Period; (iii) the ~~Investor Floating Allocation Percentage~~ Class A-1 Note Rate and the ~~Investor Fixed Allocation Percentage for the related Collection Period~~Class A-2 Note Rate; (iv) the ~~Investor~~ amount, if any, of such Class A-1 Interest ~~Collections and Investor Principal Collections for the related Collection Period~~Payment Amount or Class A-2 Interest Payment Amount that is not payable on account of insufficient Noteholders' Interest Collections; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal ~~Payment Amount and the portion of it that will~~ Payments to be distributed pursuant to Section ~~8.03(a)(vi~~8.6(d)(viii) of the Indenture; (~~xiii~~vi) the ~~Scheduled~~ Principal Collections for such Payment ~~Amount~~Date, separately stating ~~its components~~the components thereof; (~~xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv~~vii) any accrued and unpaid Servicing Fees ~~for the Mortgage Loans~~ for previous Collection Periods and the Servicing Fee for ~~the related~~ such Collection Period; (~~xvi~~viii) the ~~Investor Loss Amount~~ related Pool Balance for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans each Pool as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix) [Deleted]; (xx~~ix) the Class A-1 Note Principal Balance and ~~loan factor~~ the Class A-2 Note Principal Balance and related Pool Factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the such Payment Date; (~~xxii~~x) the aggregate amount of Additional Balances created ~~on the Mortgage Loans~~ during the previous Collection Period; (~~xxiii~~xi) the number and aggregate ~~Asset~~ Principal Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 ~~days,~~ days and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~xii) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying ~~the~~ each such Rapid Amortization Event if one has occurred; (~~xxv~~xiii) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying ~~the~~ each such Event of Servicing Termination if one has occurred; (~~xxvi~~xiv) the amount to be distributed to the ~~Credit Enhancer~~ Insurer pursuant to Section ~~8.03(a)(v~~8.6(d)(ii) and Section ~~8.03(a)(vii~~8.6(d)(vi) of the Indenture, stated separately; (~~xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix~~xv) the amount to be distributed to the ~~Transferor~~ Reserve Fund pursuant to Section ~~8.03(a)(x~~8.6(d)(ix) of the Indenture; (~~xxx~~xvi) Insured Payments, if any, for such Payment Date including any related Deficiency Amount and any related Preference Amount; (xvii) the amount to be distributed to the related Certificateholders pursuant to Section 8.6(d)(xiii) of the Indenture; (xviii) the amount to be paid to the ~~Master~~ Servicer pursuant to Section ~~8.03(a)(viii~~8.6(d)(x) of the Indenture; (~~xxxi~~xix) the ~~Maximum Rate for~~ total amount of funds on deposit in the ~~related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans~~Reserve Fund; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiiixx) the related ~~Available Subordinated Transferor~~ Overcollateralization Amount after giving effect to the distribution to be made on ~~the related~~ such Payment Date; (~~xxxiv~~xxi) the number and ~~principal balances~~ Principal Balances of any Mortgage Loans ~~transferred~~ retransferred to the ~~Transferor~~ Sponsor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date2.07. The Indenture ~~Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03~~ 8.6 of the ~~Indenture or distributions on the Transferor Certificates~~Indenture, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the ~~Master~~ Servicer, the Indenture Trustee and the ~~Credit Enhancer~~Insurer. The ~~Master~~ Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Headlands Mortgage Securities Inc)

Servicing Certificate. Not later than each Determination Date, the ~~Master~~ Servicer shall deliver ~~(a)~~ to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the DepositorAdministrator, the Paying ~~Agent, the Credit Enhancer,~~ Agent and each Rating Agency a Servicing Certificate containing the information set forth below with respect to the Home Equity Loans on an aggregate basis at the end of the preceding Collection Period (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture Trustee~~ Administrator and the ~~Master~~ Servicer), together with an Officer's ’s Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, ~~Payment~~ Distribution Date, the series number of the ~~Notes~~Certificates, the date of this Agreement, and: (i) the ~~aggregate~~ Available Distribution Amount for such Distribution Date, separately stating the amount of ~~collections received on the Mortgage Loans by the Determination Date for the related Collection Period~~Interest Collections and Principal Collections; (ii) the ~~aggregate~~ amount of ~~(a) Interest Collections~~ the payments due to Holders of each Class of Offered Certificates for such Distribution Date, separately stating the portions thereof allocable to interest and ~~(b) Principal Collections for the related Collection Period~~to principal; (iii) the ~~Investor Floating Allocation Percentage~~ amount of any Interest Carry Forward Amount and Net Rate Carryover Amount for each Class of Offered Certificates to be distributed on such Distribution Date and the ~~Investor Fixed Allocation Percentage~~ amount of any Interest Carry Forward Amount or Net Rate Carryover Amount for each Class of Offered Certificates remaining after giving effect to the ~~related Collection Period~~distributions on such Distribution Date; (iv) the ~~Investor Interest Collections and Investor~~ Principal ~~Collections~~ Distribution Amount for such Distribution Date (and, if applicable, the ~~related Collection Period~~portion thereof consisting of the Extra Principal Distribution Amount for such Distribution Date), separately stating the portion allocable to each Class of Offered Certificates on such Distribution Date; (v) the ~~Interest Collections that are not Investor Interest Collections~~ Certificate Principal Balance of each Class of Offered Certificates, the Pool Balance as reported in the prior Monthly Distribution Statement or, in the case of the first Determination Date, the Original Class Certificate Principal Balance for each Class of Offered Certificates and ~~Transferor Principal Collections for~~ the ~~related Collection Period~~Cut-Off Date Pool Balance; (vi) the ~~Note Interest and~~ Certificate Principal Balance of each Class of Offered Certificates after giving effect to the ~~applicable Note Rate for the Notes for the related Interest Period~~distributions on such Distribution Date; (vii) the ~~amount~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~Note Interest that is not payable~~ Depositor or the Servicer with respect to the ~~Noteholders because of insufficient Investor Interest Collections~~related Collection Period pursuant to Section 2.02; (viii) the ~~Unpaid Investor Interest Shortfall~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~amount of interest on~~ Depositor or the ~~shortfall at the applicable Note Rate applicable from time~~ Servicer with respect to ~~time (separately stated) to be distributed on~~ the related ~~Payment Date~~Collection Period pursuant to Section 2.04; (ix) the ~~remaining Unpaid Investor Interest Shortfall after~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~distribution on~~ Depositor or the Servicer with respect to the related ~~Payment Date~~Collection Period pursuant to Section 3.01; (x) the amount of any ~~Basis Risk Carryforward in the distribution~~Substitution Adjustment Amounts for such Distribution Date; (xi) the ~~amount~~ amount, if any, to be distributed to the Holder of the ~~remaining Basis Risk Carryforward after giving effect to the related distribution~~Class R Certificate on such Distribution Date; (xii) the ~~Accelerated Principal Payment Amount~~ Servicing Fee for such Collection Period (as reduced by the Compensating Interest for the related Collection Period) and ~~the portion of it~~ any accrued amounts thereof that ~~will be distributed pursuant to Section 8.03(a)(vi) of the Indenture~~remain unpaid for previous Collection Periods; (xiii) the ~~Scheduled Principal Collections Payment Amount, separately stating its components~~Compensating Interest for the related Collection Period; (xiv) the amount of ~~any Transfer Deposit Amount paid by~~ all payments or reimbursements to the ~~Sponsor or the Depositor~~ Servicer pursuant to ~~Section 2.02 or 2.04~~Sections 3.03(ii) through (vi); (xv) ~~any accrued Servicing Fees for~~ the ~~Mortgage Loans for previous Collection Periods~~ Overcollateralization Amount, if any, and the ~~Servicing Fee~~ Overcollateralization Release Amount, Targeted Overcollateralization Amount and Monthly Excess Cashflow for such Distribution Date; (xvi) the Applied Realized Loss Amount and Unpaid Realized Loss Amount for each Class of Class M Certificates for such Distribution Date; (xvii) the number of Home Equity Loans outstanding at the beginning and at the end of the related Collection Period; (~~xvi~~xviii) the ~~Investor Loss Amount for~~ Pool Balance as of the end of the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate ~~Asset~~ Principal Balances of ~~Mortgage~~ Home Equity Loans (x) as to which ~~the Minimum Monthly Payment is delinquent for 30-59 days~~one, ~~60-89 days, and 90~~ two or three or more ~~days~~scheduled monthly payments, ~~respectively~~ respectively, are contractually delinquent, and (y) that have become REO, in each case as of the end of such Collection Period; (xx) the ~~preceding~~ Cumulative Realized Losses on the Home Equity Loans as of the end of the related Collection Period; (xxi) the One Payment Delinquency Percentage for the related Collection Period; (xxii) the Two Payment Delinquency Percentage for the related Collection Period; (xxiii) the Two Payment Plus Delinquency Percentage for the related Collection Period; (xxiv) the Two Payment Plus Rolling Average for such Distribution Date; (xxv) the Three Payment Plus Delinquency Percentage for the related Collection Period; (xxvi) the aggregate Principal Balances of Home Equity Loans that were restructured (and delinquency reset) during such Collection Period; (xxvii) the aggregate Principal Balances of Home Equity Loans that were restructured (and delinquency reset) during such Collection Period as a percentage of the Pool Balance as of the end of such Collection Period; (xxviii) whether a ~~Rapid Amortization~~ Servicer Termination Event has occurred since the prior Determination Date, specifying ~~the Rapid Amortization~~ each Servicer Termination Event if one has occurred; (~~xxv~~xxix) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount One-Month LIBOR for the related ~~Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture~~Interest Accrual Period(s); (xxx) the ~~amount to be paid to~~ Formula Rate and Pass-Through Rate for each Class of Offered Certificates, the ~~Master Servicer pursuant to Section 8.03(a)(viii) of~~ Net Rate Cap for the ~~Indenture~~Fixed Rate Certificates and the Net Rate Cap for the Floating Rate Certificates, in each case for such Distribution Date or the related Interest Accrual Period(s), as the case may be; (xxxi) the ~~Maximum Rate~~ Cumulative Loss Percentage for the related Collection ~~Period and the Weighted Average Net Loan Rate for the Mortgage Loans~~Period; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date;whether a Trigger Event has occurred or is continuing; and (xxxiii) such other information as is required by the ~~related Available Subordinated Transferor Amount after giving effect to the distribution~~ Code and regulations thereunder to be made on available to Holders of the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, Offered Certificates. The Administrator and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the Owner Trustee Paying Agent shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~4.01, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the ~~Master Servicer, the Indenture Trustee~~ Servicer and the ~~Credit Enhancer~~Administrator or as may be required by the rules and regulations of the SEC. The ~~Master~~ Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2006-3)

Servicing Certificate. Not later than each Determination Date, the ~~Master~~ Servicer shall deliver (a) to the Indenture Trustee, the ~~data necessary~~ Statement to ~~prepare the items below and the statement for~~ each Class of Noteholders required to be prepared pursuant to Section ~~4.04~~ 8.7 of the Indenture and (b) to the Indenture Trustee, the ~~Owner Trustee, the~~ Sponsor~~, the Depositor~~, the Paying Agent, the ~~Credit Enhancer,~~ Insurer and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the ~~Master~~ Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans by on or prior to the Determination Date ~~for the related~~ in respect of such Collection Period; (ii) the aggregate amount of (a) Interest Collections and (b) Principal Collections for ~~the related~~ such Collection Period; (iii) the ~~Investor Floating Allocation Percentage~~ Class A-1 Note Rate and the ~~Investor Fixed Allocation Percentage for the related Collection Period~~Class A-2 Note Rate; (iv) the ~~Investor~~ amount, if any, of such Class A-1 Interest ~~Collections and Investor Principal Collections for the related Collection Period~~Payment Amount or Class A-2 Interest Payment Amount that is not payable on account of insufficient Noteholders' Interest Collections; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal ~~Payment Amount and the portion of it that will~~ Payments to be distributed pursuant to Section ~~8.03(a)(vi~~8.6(d)(viii) of the Indenture; (~~xiii~~vi) the ~~Scheduled~~ Principal Collections for such Payment ~~Amount~~Date, separately stating ~~its components~~the components thereof; (~~xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv~~vii) any accrued and unpaid Servicing Fees ~~for the Mortgage Loans~~ for previous Collection Periods and the Servicing Fee for ~~the related~~ such Collection Period; (~~xvi~~viii) the ~~Investor Loss Amount~~ related Pool Balance for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans each Pool as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix) [Deleted]; (xx~~ix) the Class A-1 Note Principal Balance and ~~loan factor~~ the Class A-2 Note Principal Balance and related Pool Factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the such Payment Date; (~~xxii~~x) the aggregate amount of Additional Balances created ~~on the Mortgage Loans~~ during the previous Collection Period; (~~xxiii~~xi) the number and aggregate ~~Asset~~ Principal Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 ~~days,~~ days and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~xii) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying ~~the~~ each such Rapid Amortization Event if one has occurred; (~~xxv~~xiii) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying ~~the~~ each such Event of Servicing Termination if one has occurred; (~~xxvi~~xiv) the amount to be distributed to the ~~Credit Enhancer~~ Insurer pursuant to Section ~~8.03(a)(v~~8.6(d)(ii) and Section ~~8.03(a)(vii~~8.6(d)(vi) of the Indenture, stated separately; (~~xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix~~xv) the amount to be distributed to the ~~Transferor~~ Reserve Fund pursuant to Section ~~8.03(a)(x~~8.6(d)(ix) of the Indenture; (~~xxx~~xvi) Insured Payments, if any, for such Payment Date including any related Deficiency Amount and any related Preference Amount; (xvii) the amount to be distributed to the related Certificateholders pursuant to Section 8.6(d)(xiii) of the Indenture; (xviii) the amount to be paid to the ~~Master~~ Servicer pursuant to Section ~~8.03(a)(viii~~8.6(d)(x) of the Indenture; (~~xxxi~~xix) the ~~Maximum Rate for~~ total amount of funds on deposit in the ~~related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans~~Reserve Fund; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiiixx) the related ~~Available Subordinated Transferor~~ Overcollateralization Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the such Payment Date; and (~~xxxvii~~xxi) ~~in the Servicing Certificates for the first and second Payment Dates,~~ the number and ~~Cut-off Date Asset Balance~~ Principal Balances of any Mortgage Loans ~~for which the Mortgage Loan File was not delivered~~ retransferred to the ~~Indenture Trustee within 30 days~~ Sponsor pursuant to Section 2.07; In addition, on the Servicing Certificate delivered in January 2000, the Servicer shall also indicate (i) the amount on deposit in the Pre-Funding Account as of such Payment Date and (ii) the aggregate of the ~~Closing~~ Principal Balances of Subsequent Mortgage Loans purchased on the related Subsequent Transfer Date. The Indenture ~~Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03~~ 8.6 of the ~~Indenture or distributions on the Transferor Certificates~~Indenture, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the ~~Master~~ Servicer, the Indenture Trustee and the ~~Credit Enhancer~~Insurer. The ~~Master~~ Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Greenpoint Home Equity Loan Trust 1999 2)

Servicing Certificate. Not later than each Determination Date, the ~~Master~~ Servicer shall deliver ~~(a)~~ to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the DepositorAdministrator, the Paying ~~Agent, the Credit Enhancer,~~ Agent and each Rating Agency a Servicing Certificate containing the information set forth below with respect to the Home Equity Loans on an aggregate basis as of the end of the preceding Collection Period (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture Trustee~~ Administrator and the ~~Master~~ Servicer), together with an Officer's ’s Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the ~~aggregate~~ Available Payment Amount for such Payment Date, separately stating the amount of ~~collections received on the Mortgage Loans by the Determination Date for the related Collection Period~~Interest Collections and Principal Collections; (ii) the ~~aggregate~~ amount of ~~(a) Interest Collections~~ the payments due to Holders of the each Class of Notes for such Payment Date, separately stating the portions thereof allocable to interest and ~~(b) Principal Collections for the related Collection Period~~allocable to principal; (iii) the ~~Investor Floating Allocation Percentage~~ amount of any Interest Carry Forward Amount and Supplemental Interest Amount for each Class of Notes paid on such Payment Date and the ~~Investor Fixed Allocation Percentage~~ amount of any Interest Carry Forward Amount or Supplemental Interest Amount for each Class of Notes remaining after giving effect to the ~~related Collection Period~~payments on such Payment Date; (iv) the ~~Investor Interest Collections and Investor~~ amount of any Extra Principal ~~Collections~~ Payment Amount for such Payment Date, including the ~~related Collection Period~~amounts payable in respect thereof to each Class of Notes on such Payment Date; (v) the ~~Interest Collections that are not Investor Interest Collections and Transferor~~ Principal ~~Collections~~ Payment Amount for such Payment Date, separately stating the ~~related Collection Period~~components thereof, including in each case the amounts payable in respect thereof to each Class of Notes on such Payment Date; (vi) the ~~Note Interest~~ Principal Carry Forward Amount for each Class of Notes for such Payment Date and the ~~applicable Note Rate~~ amount of any Principal Carry Forward Amount for each Class of Notes remaining after giving effect to the ~~Notes for the related Interest Period~~payments on such Payment Date; (vii) the ~~amount~~ Note Principal Amount of each Class of Notes, the Pool Balance as reported in the prior Monthly Payment Statement or, in the case of the first Determination Date, the Original Note ~~Interest that is not payable to~~ Principal Amount for each Class of Notes and the ~~Noteholders because of insufficient Investor Interest Collections~~Cut-Off Date Pool Balance; (viii) the ~~Unpaid Investor Interest Shortfall and~~ Note Principal Amount for each Class of Notes after giving effect to the ~~amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated)~~ payment to be ~~distributed~~ made on the related Payment Date; (ix) the ~~remaining Unpaid Investor Interest Shortfall after~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~distribution on~~ Depositor or the Servicer with respect to the related ~~Payment Date~~Collection Period pursuant to Section 2.02; (x) the ~~amount~~ number and aggregate Principal Balance of any ~~Basis Risk Carryforward in~~ Home Equity Loan purchased or substituted by the ~~distribution~~Depositor or the Servicer with respect to the related Collection Period pursuant to Section 2.04; (xi) the ~~amount~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~remaining Basis Risk Carryforward after giving effect~~ Depositor or the Servicer with respect to the related ~~distribution~~Collection Period pursuant to Section 3.01; (xii) the ~~Accelerated Principal~~ amount of any Substitution Adjustment Amounts for such Payment ~~Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture~~Date; (xiii) the ~~Scheduled Principal Collections~~ amount to be paid to the Transferor in respect of the Ownership Interest for the related Payment ~~Amount, separately stating its components~~Date pursuant to Section 5.01(a)(xx); (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection ~~Period~~Period and any accrued amounts thereof that remain unpaid for previous Collection Periods; (xv) the amount of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) through (vii); (xvi) the ~~Investor Loss Amount~~ Overcollateralization Amount, the Interim Overcollateralization Amount, the Interim Overcollateralization Deficiency, the Overcollateralization Release Amount, the Targeted Overcollateralization Amount, and the Monthly Excess Cashflow for such Payment Date; (xvii) the number of Home Equity Loans outstanding at the beginning and at the end of the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the ~~aggregate Asset~~ Pool Balance ~~of the Mortgage Loans~~ as of the end of the ~~preceding Collection Period and as of the end of the second preceding~~ related Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate ~~Asset~~ Principal Balances of ~~Mortgage~~ Home Equity Loans (x) as to which ~~the Minimum Monthly Payment is delinquent for 30-59 days~~one, ~~60-89 days, and 90~~ two or three or more ~~days~~scheduled monthly payments, ~~respectively~~ respectively, are contractually delinquent, and (y) that have become REO, in each case as of the end of such Collection Period; (xx) the ~~preceding~~ Cumulative Realized Losses on the Home Equity Loans for the related Collection Period; (xxi) the One Payment Delinquency Percentage for the related Collection Period; (xxii) the Two Payment Delinquency Percentage for the related Collection Period; (xxiii) the Two Payment-Plus Delinquency Percentage for the related Collection Period; (xxiv) the Two Payment-Plus Rolling Average for such Payment Date; (xxv) the Three Payment-Plus Delinquency Percentage for the related Collection Period; (xxvi) the aggregate Principal Balances of Home Equity Loans that were restructured (and delinquency reset) during such Collection Period; (xxvii) the aggregate Principal Balances of Home Equity Loans that were restructured (and delinquency reset) during such Collection Period as a percentage of the Pool Balance as of the end of such Collection Period; (xxviii) whether a ~~Rapid Amortization~~ Servicer Termination Event has occurred since the prior Determination Date, specifying ~~the Rapid Amortization~~ each such Servicer Termination Event if one has occurred; (~~xxv~~xxix) LIBOR for such Payment Date; (xxx) whether an Event of ~~Servicing Termination~~ Default has occurred ~~since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v)~~ and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indentureis continuing; (xxxi) the ~~Maximum~~ Class A-1 Formula Rate, Class A-1 Note Rate, Class A-2 Formula Rate, Class A-2 Note Rate, Class M-1 Formula Rate, Class M-1 Note Rate, Class M-2 Formula Rate, Class M-2 Note Rate ~~for the related Collection Period~~ and the ~~Weighted Average Net Loan Rate~~ Available Funds Cap for ~~the Mortgage Loans~~such Payment Date; (xxxii) the ~~expected~~ amount of any ~~optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on~~ Skip-A-Pay Advances for the related ~~Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date~~Collection Period; (xxxiii) the ~~related Available Subordinated Transferor~~ Skip-A-Pay Reimbursement Amount ~~after giving effect to the distribution to be made on the related~~ for such Payment Date; (xxxiv) the ~~number and principal balances of any Mortgage Loans transferred to~~ Cumulative Loss Percentage for the ~~Transferor pursuant to Section 2.06~~related Collection Period; (xxxv) ~~the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and~~ whether a ~~Cumulative Loss Test Violation~~ Trigger Event has occurred ~~since the prior Determination Date;~~and is continuing; and (xxxvi) such other information as is required by the ~~Rolling Six Month Delinquency Rate~~Code and regulations thereunder to be made available to Holders of any Class of the Notes. The Administrator, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the ~~Owner Trustee~~ Paying Agent shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making ~~distributions~~ payments pursuant to ~~Section 8.03~~ the terms of ~~the Indenture or distributions on the Transferor Certificates~~this Agreement, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the ~~Master Servicer, the Indenture Trustee~~ Servicer and the ~~Credit Enhancer~~Administrator or as may be required by the rules and regulations of the SEC. The ~~Master~~ Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2006-2)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the ~~Indenture~~ Trustee, the ~~data necessary~~ Statement to ~~prepare the items below and the statement for Noteholders~~ Certificateholders required to be prepared pursuant to Section ~~4.04~~ 5.03 and (b) to the ~~Indenture Trustee, the Owner~~ Trustee, the Sponsor, the Depositor, the Paying Agent[, the Credit Enhancer, ,] and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture~~ Trustee and the Master Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, ~~Payment~~ Distribution Date, the series number of the ~~Notes~~Certificates, the date of this Agreement, and, on the basis of each Class of Investor Certificates: (i) the aggregate amount of collections received on the Mortgage Loans by in the related Loan Group on or prior to the Determination Date ~~for the related~~ in respect of such Collection Period; (ii) the aggregate amount of (a) Interest Collections and (b) Principal Collections for the related Loan Group for such Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for the related Loan Group for such Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for the related Loan Group for such Collection Period; (v) the ~~Interest Collections that are not Investor~~ Transferor Interest Collections and Transferor Principal Collections for the related Loan Group for such Collection Period; (vi) ~~the Note~~ Investor Certificate Interest and the applicable ~~Note~~ Investor Certificate Rate for the ~~Notes~~ related Class of Investor Certificates for the related Interest Period; (vii) the ~~amount~~ amount, if any, of ~~the Note~~ such Investor Certificate Interest that is not payable to ~~the Noteholders because~~ such Class of Investor Certificates on account of insufficient Investor Interest Collections; (viii) the portion of the Unpaid Investor Certificate Interest Shortfall allocated to such Class of Investor Certificates, if any, and the amount of interest on ~~the~~ such shortfall at the applicable ~~Note~~ Investor Certificate Rate applicable from time to time (separately stated) to be distributed on ~~the related Payment~~ such Distribution Date; (ix) the ~~remaining~~ Unpaid Investor Certificate Interest ~~Shortfall~~ Shortfall, if any, to remain with respect to such Class of Investor Certificates after the distribution on ~~the related Payment~~ such Distribution Date; (x) the ~~amount~~ amount, if any, of any Basis Risk Carryforward with respect to such Class of Investor Certificates in ~~the~~ such distribution; (xi) the ~~amount~~ amount, if any, of the remaining Basis Risk Carryforward with respect to such Class of Investor Certificates after giving effect to ~~the related~~ such distribution; (xii) the Accelerated Principal ~~Payment~~ Distribution Amount with respect to such Class of Investor Certificates and the portion ~~of it~~ thereof that will be distributed pursuant to Section ~~8.03(a)(vi) of the Indenture~~5.01(a)(vii); (xiii) the Scheduled Principal Collections ~~Payment Amount~~Distribution Amount with respect to such Class of Investor Certificates, separately stating ~~its components~~the components thereof; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor with respect to such Class of Investor Certificates pursuant to Section 2.02 or 2.04; (xv) any accrued and unpaid Servicing Fees ~~for~~ with respect to the Mortgage Loans in the related Loan Group for previous Collection Periods and the Servicing Fee for ~~the related~~ such Collection Period; (xvi) the Investor Loss Amount with respect to such Class of Investor Certificates for ~~the related~~ such Collection Period; (xvii) the aggregate ~~amount~~ amount, if any, of Investor Loss Reduction Amounts with respect to such Class of Investor Certificates for previous ~~Payment~~ Distribution Dates that have not been previously reimbursed to the Holders of ~~the Notes~~ such Class of Investor Certificates pursuant to Section ~~8.03(a)(iv) of the Indenture~~5.01(a)(v); (xviii) the aggregate Asset Balance of the Mortgage Loans in the related Loan Group as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) ~~[Deleted]~~the Invested Amount with respect to such Class of Investor Certificates as of the end of the preceding Collection Period; (xx) the ~~Note~~ Investor Certificate Principal Balance for such Class of Investor Certificates and ~~loan factor~~ Loan Group Factor after giving effect to the distribution on ~~the related Payment~~ such Distribution Date and to any reduction ~~because~~ on account of the related Investor Loss Amount, if any; (xxi) the related Transferor Principal Balance and the related Available Transferor Subordinated Amount after giving effect to the distribution on ~~the Payment~~ such Distribution Date; (xxii) the aggregate amount of Additional Balances created on with respect to the Mortgage Loans in the related Loan Group during the previous Collection Period; (xxiii) the number and aggregate Asset Balances of Mortgage Loans in the related Loan Group (x) as to which the Minimum Monthly Payment is delinquent for [30-59 59] days, [60-~~89 days,~~ 89] days and 90 [90] or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying ~~the~~ each such Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying ~~the~~ each such Event of Servicing Termination if one has occurred; (xxvi) [the amount to be distributed to the Credit Enhancer with respect to such Class of Investor Certificates pursuant to Section ~~8.03(a)(v~~5.01(a)(vi) and Section ~~8.03(a)(vii) of the Indenture~~5.01(a)(viii), stated separately;] (xxvii) the Guaranteed Principal ~~Payment~~ Distribution Amount for ~~the Payment~~ such Class of Investor Certificates and Distribution Date; (xxviii) [the Credit Enhancement Draw Amount for ~~the related Payment~~ such Class of Investor Certificates, if any, for such Distribution Date;] (xxix) [Reserved] (xxx) [Reserved] (xxxi) the amount to be distributed to the Transferor pursuant to Section ~~8.03(a)(x) of the Indenture~~5.01(a)(xxv); (~~xxx~~xxxii) the amount to be paid to the Master Servicer pursuant to Section ~~8.03(a)(viii) of the Indenture~~5.01(a)(xi); (~~xxxi~~xxxiii) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan ~~Rate~~ Rate, each for the Mortgage ~~Loans~~Loans in the related Loan Group; (~~xxxii~~xxxiv) the expected amount of any optional advances pursuant to Section ~~4.03~~ 4.05 hereof by the Master Servicer included in the distribution on ~~the related Payment~~ such Distribution Date and the aggregate expected amount of optional advances pursuant to Section ~~4.03~~ 4.05 hereof by the Master Servicer outstanding as of the close of business on ~~the related Payment~~ such Distribution Date; (~~xxxiii~~xxxv) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on ~~the related Payment~~ such Distribution Date; (~~xxxiv~~xxxvi) the number and principal balances of any Mortgage Loans in the related Loan Group transferred to the Transferor pursuant to Section 2.06; (~~xxxv~~xxxvii) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans in the related Loan Group since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (~~xxxvi~~xxxviii) the Rolling Six Month Delinquency ~~Rate~~Rate for such Loan Group and Distribution Date; (xxxix) the amount on deposit in the Reserve Fund on the preceding Distribution Date after all distributions on that day, the ~~Spread Rate~~amount to be transferred to the Reserve Fund pursuant to Section 5.01(e)(i) or transferred from the Reserve Fund pursuant to Section 5.01(e)(i)(a), ~~the Excess Spread Percentage~~Section 5.01(e)(i)(a)(b) or Section 5.01(e)(ii), and the ~~Rolling Three Month Excess Spread Percentage for~~ amount on deposit in the ~~Payment~~ Reserve Fund after all distributions on the current Distribution Date~~; and~~; (~~xxxvii~~xl) in the Servicing Certificates for the first and second ~~Payment~~ Distribution Dates, by Loan Group, the number and Cut-~~off~~ off- Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the ~~Indenture~~ Trustee within 30 [30] days of the Closing Date or Subsequent Closing Date, as applicable; and (xli) in the Servicing Certificate for the first Distribution Date, for each Loan Group the aggregate Cut-off Asset Balance of Additional Home Equity Loans acquired by the Trust. The ~~Indenture Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~5.01, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the ~~Indenture~~ Trustee [and the Credit Enhancer]. The Master Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Indymac Abs Inc)

Servicing Certificate. ~~Not~~ With respect to each Distribution Date, not later than the second Business Day prior to each ~~Determination~~ Distribution Date, the ~~Master~~ Servicer shall deliver ~~(a)~~ to the ~~Indenture~~ Trustee, the ~~data necessary to prepare the items below~~ Certificate Insurer and ~~the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b)~~ to the ~~Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each~~ Rating ~~Agency~~ Agencies a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, ~~Payment~~ Distribution Date, the series number of the ~~Notes~~Certificates, the date of this Agreement, ~~and~~and including, but not limited to, the following information: (i) the aggregate amount of ~~collections received on the Mortgage Loans~~ Trust Interest Collections for such Collection Period (net of any amount included therein which has been retained by the ~~Determination~~ Servicer prior to such Distribution Date in reimbursement for any portion of a Monthly Advance made in respect of the related ~~Collection Period~~Mortgage Loan as permitted by clause (iii) of Section 3.03); (ii) the aggregate amount of ~~(a) Interest Collections and (b)~~ Trust Principal Collections for ~~the related~~ such Collection Period; (iii) the ~~Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for~~ aggregate of any Trust Insurance Proceeds received during the related Collection ~~Period~~Period (including, for this purpose, any amounts required to be credited by the Servicer pursuant to the last sentence of Section 3.04(b)); (iv) the ~~Investor Interest Collections and Investor Principal Collections for~~ aggregate of any Net Trust Liquidation Proceeds received during the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the ~~Sponsor~~ Seller or ~~the Depositor~~ Servicer pursuant to Section ~~2.02~~ 2.02, 2.04, 3.01 or ~~2.04~~3.06; (vi) the Monthly Advance for such Distribution Date; (vii) the Available Distribution Amount for such Distribution Date; (viii) any Monthly Advance Reimbursement Amount for such Distribution Date; (ix) the Floating Allocation Percentage and the Fixed Allocation Percentage for such Distribution Date; (x) the Certificate Interest Collections for such Distribution Date; (xi) the Certificate Formula Interest for the related Accrual Period, together with a specification as to the Certificate Rate applicable to such Distribution Date and whether it is derived from LIBOR or the Alternate Certificate Rate; (xii) the Unpaid Certificate Interest Shortfall, if any; (xiii) the portion of the Unpaid Certificate Interest Shortfall, if any, to be distributed on such Distribution Date; (xiv) the amount of Unpaid Certificate Interest Shortfall, if any, to remain after the distribution on such Distribution Date; (xv) ~~any accrued Servicing Fees~~ the Seller Interest Collections and Seller Principal Collections for ~~the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection Period~~such Distribution Date; (xvi) the ~~Investor Loss~~ Accelerated Principal Distribution Amount for ~~the related Collection Period~~such Distribution Date; (xvii) the Scheduled Principal Collections Payment, separately stating the components thereof; (xviii) the aggregate ~~amount~~ of the Liquidation Loss Amounts and the Investor Loss Amount for such Distribution Date; (xix) the aggregate amount, if any, of Investor Loss Reduction Amounts for previous ~~Payment~~ Distribution Dates that have not been previously reimbursed to ~~the Holders of the Notes~~ Investor Certificateholders pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]5.01(a)(iv); (xx) the ~~Note Principal~~ Pool Balance ~~and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because~~ of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage ~~Loans during the previous Collection Period; (xxiii) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days~~Loans, ~~60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case~~ as of the end of the preceding Collection Period; (~~xxiv~~xxi) ~~whether a Rapid Amortization Event has occurred since~~ the ~~prior Determination Date, specifying~~ Invested Amount as of the ~~Rapid Amortization Event if one has occurred~~end of the preceding Collection Period; (~~xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi~~xxii) the ~~amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment~~ Required Amount for ~~the Payment~~ such Distribution Date; (~~xxviii~~xxiii) the ~~Credit Enhancement Draw~~ Seller Subordinated Amount for ~~the related Payment~~ such Distribution Date; ; (~~xxix~~xxiv) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Amount Overcollateralization Amount, if any, after giving effect to the distribution to be made on ~~the related Payment~~ such Distribution Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the Owner Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (MLCC Mortgage Investors Inc)

Servicing Certificate. ~~Not~~ With respect to each Distribution Date, not later than ~~each Determination~~ the third Business Day prior to such Distribution Date, the ~~Master~~ Servicer shall deliver ~~(a)~~ to the ~~Indenture~~ Trustee, the ~~data necessary to prepare the items below~~ Certificate Insurer and ~~the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b)~~ to the ~~Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each~~ Rating ~~Agency~~ Agencies a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, ~~Payment~~ Distribution Date, the series number of the ~~Notes~~Certificates, the date of this Agreement, ~~and~~and including the following information: (i) the aggregate amount of ~~collections received on the Mortgage Loans by the Determination Date~~ Interest Collections for ~~the related~~ such Collection Period; (ii) the aggregate amount of ~~(a) Interest Collections and (b)~~ Principal Collections for ~~the related~~ such Collection Period; (iii) the ~~Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for~~ aggregate of any Insurance Proceeds received during the related Collection Period; (iv) the ~~Investor Interest Collections and Investor Principal Collections for~~ aggregate of any Net Liquidation Proceeds received during the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the ~~Sponsor or the Depositor~~ Transferor pursuant to Section ~~2.02~~ 2.02, 2.04 or ~~2.04~~3.01; (vi) the Floating Allocation Percentage and the Fixed Allocation Percentage for such Distribution Date; (vii) the Certificate Interest Collections for such Distribution Date; (viii) the amount to be distributed as accrued interest on the Certificates for the related Accrual Period, together with a specification as to the Certificate Rate applicable to such Distribution Date and whether it is derived from One-Month LIBOR or the Alternate Certificate Rate; (ix) the Transferor Interest Collections and Transferor Principal Collections for such Distribution Date; (x) the Accelerated Principal Distribution Amount, if any, for such Distribution Date; (xi) the Scheduled Principal Collections Payment, if any, for such Distribution Date; (xii) the aggregate of the Liquidation Loss Amounts and the Investor Loss Amount for such Distribution Date; (xiii) the Unpaid Investor Loss Amount for such Distribution Date; (xiv) the Pool Balance as of the end of the preceding Collection Period; (xv) ~~any accrued Servicing Fees for~~ the ~~Mortgage Loans for previous Collection Periods and~~ Invested Amount as of the ~~Servicing Fee for~~ end of the ~~related~~ preceding Collection Period; (xvi) the ~~Investor Loss~~ Required Enhancement Amount for ~~the related Collection Period~~such Distribution Date; (xvii) the ~~aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed~~ Overcollateralization Amount before giving effect to the ~~Holders~~ application of ~~the Notes pursuant~~ any Accelerated Principal Distribution Amount with respect to ~~Section 8.03(a)(iv) of the Indenture~~such Distribution Date; (xviii) the ~~aggregate Asset~~ Overcollateralization Amount after giving effect to the application of any Accelerated Principal Distribution Amount with respect to such Distribution Date; (xix) the Transferor Subordinated Amount for such Distribution Date; (xx) the amount, if any, by which the Invested Amount exceeds the Certificate Principal Balance of (after giving effect to the ~~Mortgage Loans~~ distribution to be made on such Distribution Date); (xxi) the Certificate Principal Balance and Pool Factor after giving effect to the distribution to be made on such Distribution Date; (xxii) the Transferor's Interest Balance (based on the Pool Balance as of the end of the preceding Collection ~~Period and as of the end of the second preceding Collection~~ Period~~; (xix~~) ~~[Deleted]; (xx) the Note Principal Balance and loan factor~~ after giving effect to the distribution to be made on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment such Distribution Date; (~~xxii~~xxiii) the aggregate amount of Additional Balances created ~~on the Mortgage Loans~~ during the previous Collection Period; (xxiii) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (xxiv) whether a Rapid Amortization Event has occurred since the prior ~~Determination~~ Distribution Date, specifying ~~the~~ each such Rapid Amortization Event if one has occurred; (xxv) ~~whether an Event of Servicing Termination has occurred since~~ the ~~prior Determination Date, specifying the Event of Servicing Termination if one has occurred~~Guaranteed Distributions and any Preference Amount; (xxvi) the Reimbursement Amount, if any, for such Distribution Date; (xxvii) the amount to be distributed to or at the ~~Credit Enhancer~~ direction of the owner of the Transferor's Interest pursuant to Section ~~8.03(a)(v~~5.01(a) ~~and Section 8.03(a)(vii~~(viii) ~~of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount~~ for ~~the Payment~~ such Distribution Date; (xxviii) the ~~Credit Enhancement Draw Amount for~~ number and aggregate outstanding balances of Home Equity Loans delinquent (a) 30 to 59 days, (b) 60 to 89 days and (c) 90 days or more, respectively, as of the end of the related ~~Payment Date~~Collection Period; (xxix) the ~~amount to be distributed to the Transferor pursuant to Section 8.03(a)(x)~~ aggregate book value as of the ~~Indenture~~end of the related Collection Period of any Mortgaged Property acquired through foreclosure or grant of a deed in lieu of foreclosure; (xxx) the ~~amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii)~~ aggregate of the ~~Indenture~~Principal Balances as of the end of the related Collection Period of all Home Equity Loans that became Liquidated Home Equity Loans during such Collection Period; (xxxi) the ~~Maximum Rate~~ cumulative amount of Liquidation Loss Amounts and Investor Loss Amounts for ~~the related Collection Period~~ such Distribution Date and ~~the Weighted Average Net Loan Rate for the Mortgage Loans;~~all prior Distribution Dates; and (xxxii) the ~~expected amount~~ number and aggregate Principal Balances of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution Home Equity Loans to be ~~made on~~ removed from the ~~related Payment Date; (xxxiv) the number~~ Trust and ~~principal balances of any Mortgage Loans~~ transferred to the Transferor ~~pursuant to Section 2.06; (xxxv)~~ on the related Removal Date and the cumulative number and aggregate Principal Balance of all ~~Liquidation Loss Amounts~~ Home Equity Loans that have been so removed on ~~the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the~~ all prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Removal Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the Owner Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mort Inves Inc Providian Home Eq Ln Tr 1999-1)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver ~~(a)~~ to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the DepositorAdministrator, the Paying ~~Agent, the Credit Enhancer,~~ Agent and each Rating Agency a Servicing Certificate containing the information set forth below with respect to the Home Equity Loans on an aggregate basis as of the end of the preceding Collection Period (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture Trustee~~ Administrator and the Master Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the ~~aggregate~~ Available Payment Amount for such Payment Date, separately stating the amount of ~~collections received on the Mortgage Loans by the Determination Date for the related Collection Period~~Interest Collections and Principal Collections; (ii) the ~~aggregate~~ amount of ~~(a) Interest Collections~~ the payments due to Holders of the Class A and ~~(b) Principal Collections~~ Class M Notes for such Payment Date, separately stating the ~~related Collection Period~~portions thereof allocable to interest and allocable to principal; (iii) the ~~Investor Floating Allocation Percentage~~ amount of any Interest Carry Forward Amount and Supplemental Interest Amount for each Class of Notes paid on such Payment Date and the ~~Investor Fixed Allocation Percentage~~ amount of any Interest Carry Forward Amount or Supplemental Interest Amount for each Class of Notes remaining after giving effect to the ~~related Collection Period~~payments on such Payment Date; (iv) the ~~Investor Interest Collections and Investor~~ amount of any Extra Principal ~~Collections~~ Payment Amount for such Payment Date, including the ~~related Collection Period~~amounts payable in respect thereof to each Class of Notes on such Payment Date; (v) the ~~Interest Collections that are not Investor Interest Collections and Transferor~~ Principal ~~Collections~~ Payment Amount for such Payment Date, separately stating the ~~related Collection Period~~components thereof, including in each case the amounts payable in respect thereof to each Class of Notes on such Payment Date; (vi) the ~~Note Interest~~ Principal Carry Forward Amount for each Class of Notes for such Payment Date and the ~~applicable Note Rate~~ amount of any Principal Carry Forward Amount for each Class of Notes remaining after giving effect to the ~~Notes for the related Interest Period~~payments on such Payment Date; (vii) the ~~amount~~ Note Principal Amount of each Class of Notes, the Pool Balance as reported in the prior Monthly Payment Statement or, in the case of the first Determination Date, the Original Note ~~Interest that is not payable to~~ Principal Amount for each Class of Notes and the ~~Noteholders because of insufficient Investor Interest Collections~~Cut-Off Date Pool Balance; (viii) the ~~Unpaid Investor Interest Shortfall~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the Depositor or the Master Servicer with respect to the related Collection Period pursuant to Section 2.02; (ix) the number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the Depositor or the Master Servicer with respect to the related Collection Period pursuant to Section 2.04; (x) the number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the Depositor or the Master Servicer with respect to the related Collection Period pursuant to Section 3.01; (xi) the number and aggregate Principal Balance of any Home Equity Loan that the Master Servicer has consented to the placement of a senior lien during the related Collection Period pursuant to Section 3.01(a); (xii) the amount of ~~interest on~~ any Substitution Adjustment Amounts for such Payment Date; (xiii) the ~~shortfall at the applicable Note Rate applicable from time to time (separately stated)~~ amount to be ~~distributed~~ paid to the Transferor in respect of the Ownership Interest for the related Payment Date pursuant to Section 5.01(a)(xiii); (xiv) the Note Principal Amount for each Class of Notes after giving effect to the payment to be made on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) ~~any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and~~ the Servicing Fee for the related Collection ~~Period~~Period and any accrued amounts thereof that remain unpaid for previous Collection Periods; (xvi) the ~~Investor Loss Amount~~ amount of all payments or reimbursements to the Master Servicer pursuant to Sections 3.03; (xvii) the Overcollateralization Amount, the Interim Overcollateralization Amount, the Interim Overcollateralization Deficiency, the Overcollateralization Release Amount, the Targeted Overcollateralization Amount, and the Monthly Excess Cashflow for such Payment Date; (xviii) the number of Home Equity Loans outstanding at the beginning and at the end of the related Collection Period; (~~xvii~~xix) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Pool Balance ~~of the Mortgage Loans~~ as of the end of the ~~preceding Collection Period and as of the end of the second preceding~~ related Collection Period~~; (xix) [Deleted]~~; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate ~~Asset~~ Principal Balances of ~~Mortgage~~ Home Equity Loans (x) as to which ~~the Minimum Monthly Payment is delinquent for 30-59 days~~one, ~~60-89 days, and 90~~ two or three or more ~~days~~scheduled monthly payments, ~~respectively~~ respectively, are contractually delinquent, and (y) that have become REO, in each case as of the end of ~~the preceding~~ such Collection Period; (xxi) the unpaid principal amount of all Home Equity Loans that became Liquidated Home Equity Loans during such Collection Period; (xxii) the Cumulative Realized Losses on the Home Equity Loans for the related Collection Period; (xxiii) the book value of any real estate acquired through foreclosure or grant of a deed in lieu of foreclosure; (xxiv) the Two Payment-Plus Delinquency Percentage for the related Collection Period; (xxv) the Two Payment-Plus Rolling Average for such Payment Date; (xxvi) LIBOR for such Payment Date; (xxvii) whether a ~~Rapid Amortization~~ Master Servicer Termination Event has occurred since the prior Determination Date, specifying ~~the Rapid Amortization~~ each such Master Servicer Termination Event if one has occurred; (~~xxv~~xxviii) whether an Event of ~~Servicing Termination~~ Default has occurred ~~since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v)~~ and ~~Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date~~is continuing; (xxix) the ~~amount to be distributed to~~ Class A Formula Rate, Class A Note Rate, Class M Formula Rate, Class M Note Rate and the ~~Transferor pursuant to Section 8.03(a)(x) of the Indenture~~Available Funds Cap for such Payment Date; (xxx) the amount ~~to be paid to~~ of any Skip-A-Pay Advances for the ~~Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture~~related Collection Period; (xxxi) the ~~Maximum Rate~~ Skip-A-Pay Reimbursement Amount for ~~the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans~~such Payment Date; (xxxii) the ~~expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on~~ Cumulative Loss Percentage for the related ~~Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date~~Collection Period; (xxxiii) ~~the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date;~~whether a Trigger Event has occurred and is continuing; and (xxxiv) such other information as is required by the ~~number~~ Code and ~~principal balances~~ regulations thereunder to be made available to Holders of ~~any Mortgage Loans transferred to~~ the ~~Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date~~ Class A and ~~whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate~~Class M Notes. The Administrator, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the ~~Owner Trustee~~ Paying Agent shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making ~~distributions~~ payments pursuant to ~~Section 8.03~~ the terms of ~~the Indenture or distributions on the Transferor Certificates~~this Agreement, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master ~~Servicer, the Indenture Trustee~~ Servicer and the ~~Credit Enhancer~~Administrator or as may be required by the rules and regulations of the Securities and Exchange Commission. The Master Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (HSBC Home Equity Loan Trust 2005-1)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the ~~Indenture~~ Trustee, the ~~data necessary~~ Statement to ~~prepare the items below and the statement for Noteholders~~ Certificateholders required to be prepared pursuant to Section ~~4.04~~ 5.03 and (b) to the ~~Indenture Trustee, the Owner~~ Trustee, the Sponsor, the Depositor, the Paying Agent, [the Credit Enhancer, ] and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture~~ Trustee and the Master Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, ~~Payment~~ Distribution Date, the series number of the ~~Notes~~Certificates, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans by on or prior to the Determination Date ~~for the related~~ in respect of such Collection Period; (ii) the aggregate amount of (a) Interest Collections and (b) Principal Collections for ~~the related~~ such Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for ~~the related~~ such Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for ~~the related~~ such Collection Period; (v) the ~~Interest Collections that are not Investor~~ Transferor Interest Collections and ~~Transferor~~ Trans- feror Principal Collections for ~~the related~~ such Collection Period; (vi) ~~the Note~~ Investor Certificate Interest and the ~~applicable Note~~ Investor Certificate Rate ~~for the Notes~~ for the related Interest Period; (vii) the ~~amount~~ amount, if any, of ~~the Note~~ such Investor Certificate Interest that is not payable ~~to the Noteholders because~~ on account of insufficient Investor Interest Collections; (viii) the portion of the Unpaid Investor Certificate Interest ~~Shortfall and~~ Shortfall, if any, the amount of interest on ~~the~~ such shortfall at the ~~applicable Note~~ Certificate Rate applicable from time to time (separately stated) to be distributed on ~~the related Payment~~ such Distribution Date; (ix) the ~~remaining~~ Unpaid Investor Certificate Interest ~~Shortfall~~ Shortfall, if any, to remain after the distribution on ~~the related Payment~~ such Distribution Date; (x) the ~~amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the~~ Accelerated Principal ~~Payment~~ Distribution Amount and the portion ~~of it~~ thereof that will be distributed pursuant to Section ~~8.03(a)(vi) of the Indenture~~5.01(a)(vii); (~~xiii~~xi) the Scheduled Principal Collections ~~Payment~~ Distribution Amount, separately stating ~~its components~~the components thereof; (~~xiv~~xii) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xvxiii) any accrued and unpaid Servicing Fees ~~for the Mortgage Loans~~ for previous Collection Periods and the Servicing Fee for ~~the related~~ such Collection Period; (~~xvi~~xiv) the Investor Loss Amount for ~~the related~~ such Collection Period; (~~xvii~~xv) the aggregate ~~amount~~ amount, if any, of Investor Loss Reduction Amounts for previous ~~Payment~~ Distribution Dates that have not been previously reimbursed to ~~the Holders of the Notes~~ Investor Certificate- holders pursuant to Section ~~8.03(a)(iv) of the Indenture~~5.01(a)(v); (~~xviii~~xvi) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix~~xvii) ~~[Deleted]~~the Pool Balance as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xxxviii) the ~~Note~~ Invested Amount as of the end of the preced- ing Collection Period; (xix) the Investor Certificate Principal Balance and ~~loan factor~~ Pool Factor after giving effect to the distribution on ~~the related Payment~~ such Distribution Date and to any reduction ~~because~~ on account of the Investor Loss Amount; (~~xxi~~xx) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on ~~the Payment~~ such Distribution Date; (~~xxii~~xxi) the aggregate amount of Additional Balances created ~~on the Mortgage Loans~~ during the previous Collection Period; (~~xxiii~~xxii) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 ~~days,~~ days and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~xxiii) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying ~~the~~ each such Rapid Amortization Event if one has occurred; (~~xxv~~xxiv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying ~~the~~ each such Event of Servicing Termination if one has occurred; (~~xxvi~~xxv) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v~~5.01(a)(vi) and Section ~~8.03(a)(vii) of the Indenture~~5.01(a)(viii)(ii), stated separately;] (xxvi) the Guaranteed Principal Distribution Amount for such Distribution Date; (xxvii) the ~~Guaranteed Principal Payment Amount~~ Credit Enhancement Draw Amount, if any, for ~~the Payment~~ such Distribution Date; (xxviii~~) the Credit Enhancement Draw Amount for the related Payment Date; (xxix~~) the amount to be distributed to the Transferor pursuant to Section ~~8.03(a)(x) of the Indenture~~5.01(a)(x); (~~xxx~~xxix) the amount to be paid to the Master Servicer pursuant to Section ~~8.03(a)(viii) of the Indenture~~5.01(a)(ix); (~~xxxi~~xxx) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan ~~Rate for the Mortgage Loans~~Rate; (~~xxxii~~xxxi) the expected amount of any optional advances pursuant to Section ~~4.03~~ 4.05 hereof by the Master Servicer included in the distribution on ~~the related Payment~~ such Distribution Date and the aggregate expected amount of optional advances pursuant to Section ~~4.03~~ 4.05 hereof by the Master Servicer outstanding as of the close of business on ~~the related Payment~~ such Distribution Date; (~~xxxiii~~xxxii) the ~~related Available Subordinated Transferor~~ Overcollateralization Amount after giving effect to the distribution to be made on ~~the related Payment~~ such Distribution Date; (~~xxxiv~~xxxiii) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (~~xxxv~~xxxiv) the aggregate of all Liquidation Loss Amounts ~~on the Mortgage Loans~~ since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date;; and (~~xxxvi~~xxxv) the Rolling Six Month Delinquency ~~Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage~~ Rate for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing such Distribution Date. The ~~Indenture Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~5.01, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the ~~Indenture~~ Trustee and the Credit Enhancer. The Master Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Indymac Abs Inc)

Servicing Certificate. ~~Not later than~~ With respect to each ~~Determination~~ Payment Date, on the twenty-first (21st) calendar day of each month (or if such day is not a Business Day, the following Business Day), the Master Servicer shall ~~deliver (a)~~ forward to the Depositor and the Indenture Trustee, ~~the data necessary to prepare the items below~~ and the ~~statement for Noteholders required to be prepared~~ Indenture Trustee, pursuant to Section ~~4.04 and (b)~~ 3.25 of the Indenture, shall make available to ~~the Indenture Trustee~~each Securityholder, the Owner Trustee, each Paying Agent (if other than the ~~Sponsor~~Indenture Trustee), ~~the Depositor, the Paying Agent, the Credit Enhancer, and~~ each Rating Agency and, in the case of the Mortgage Loans assigned to Group I so long as the Policy is outstanding or amounts are owed to the Enhancer under the Insurance Agreement, the Enhancer, a Servicing Certificate ~~(in written form or~~ setting forth the ~~form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer)~~following information, ~~together with an Officer's Certificate~~ to the ~~effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and~~extent applicable: (ia) the aggregate amount of ~~collections~~ Collections received on the Mortgage Loans ~~by the Determination Date for~~ during the related Collection Period; (iib) the aggregate amount of (ai) Interest Collections and (bii) Principal Collections and, in the case of the Managed Amortization Period, Net Principal Collections (in each case stated separately for each Group and also in the ~~related~~ aggregate) for such Collection Period; (~~iii~~c) the ~~Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage~~ Principal Collection Distribution Amount for ~~the related~~ such Collection Period; (ivd) the ~~Investor Interest Collections~~ amount distributable to each Class of Offered Notes and ~~Investor Principal Collections for~~ the ~~related Collection Period~~Variable Funding Notes in respect of interest; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (xe) the amount of any ~~Basis Risk Carryforward in the distribution~~Interest Carry-Forward Amounts; (xif) the Policy Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the ~~remaining Basis Risk Carryforward after giving effect to the related distribution~~Policy thereunder not yet reimbursed; (~~xii~~g) the ~~Accelerated Principal Payment Amount and the portion of it that will~~ amount, if any, to be distributed ~~pursuant~~ to ~~Section 8.03(a)(vi) of~~ the ~~Indenture~~Certificateholders; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xvh) any accrued and unpaid Servicing Fees ~~for the Mortgage Loans~~ for previous Collection Periods and the Servicing Fee for ~~the related~~ such Collection Period; (~~xvi~~i) the ~~Investor~~ Excess Spread, if any, for such Collection Period (stated separately for each Group); (j) the Liquidation Loss Amount and Principal Balance of Liquidated Mortgage Loans (in each case stated separately for each Group and also in the ~~related~~ aggregate) for (i) such Collection Period, (ii) such Collection Period and the immediately preceding eleven Collection Periods and (iii) such Collection Period and all previous Collection Periods and any Overcollateralization Increase Amounts and Overcollateralization Release Amounts for such Collection Period; (~~xvii~~k) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Principal Balance of the Mortgage Loans (stated separately for each Group and also in the aggregate) as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix) [Deleted]; (xx~~l) the Offered Note ~~Principal~~ Balance and ~~loan factor~~ the Variable Funding Balance for each Class of Notes after giving effect to ~~the~~ any distribution on ~~the related~~ such Payment Date and to any reduction ~~because~~ on account of ~~the Investor~~ Liquidation Loss ~~Amount~~Amounts; (~~xxi~~m) the ~~Transferor Principal Balance~~ Overcollateralization Amount and the ~~Available Transferor Subordinated~~ Overcollateralization Target Amount ~~after giving effect to~~ and whether the ~~distribution on the Payment Date~~Loss and Delinquency Test has not been satisfied; (~~xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii~~n) the number and aggregate ~~Asset~~ Principal Balances of Mortgage Loans (xin each case stated separately for each Group and also in the aggregate) (i) as to which the ~~Minimum~~ related Monthly Payment is delinquent for 30-59 days, 60-89 days and 90 or more days and, as to HELOCs in Group I, is 180 days or more delinquent, respectively, those Mortgage Loans in foreclosure, and those Mortgage Loans as to which the related Mortgagor has commenced bankruptcy proceedings and (ii) that have become related to REO Property, in each case as of the end of the preceding Collection Period; in addition, with respect to the High LTV Mortgage Loans, the number and aggregate Principal Balance of Mortgage Loans as to which the related monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days, 150-179 days and 90 180 days or more ~~days~~separately identifying for each bucket those Mortgage Loans subject to bankruptcy proceedings, ~~respectively and (y)~~ those Mortgage Loans that have become ~~REO, in each case as of~~ related to REO Property and the remaining ("purely delinquent") Mortgage Loans. (o) prior to the end of the Managed Amortization Period with respect to Group I, the aggregate amount of Additional Balances, if any, (i) created and (ii) purchased during the preceding Collection Period; (~~xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv~~p) whether an ~~Event of Servicing Termination has occurred since the prior Determination Date~~Amortization Event, specifying ~~the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture~~such event, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (~~xxxvi~~q) whether a Servicing Default has occurred since the prior Determination Date, specifying such Servicing Default; (r) the ~~Rolling Six Month Delinquency Rate~~Net Loan Rate for the related Collection Period; (s) the number, Group and Principal Balances of any Mortgage Loans removed from the Trust; (t) the Group I Excess Cash Rate for such Collection Period; (u) for Group I only, the ~~Spread Rate~~sum of the Principal Balances of the three largest Mortgage Loans in Group I as of the last day of such Collection Period; (v) for Group I only, the ~~Excess Spread Percentage, and the~~ Group I Rolling ~~Three~~ Twelve-Month ~~Excess Spread~~ Liquidation Loss Amount Percentage for such Collection Period; (w) for Group I only, the ~~Payment Date~~Group I Rolling Three-Month Average 90-Day Delinquency Rate for such Collection Period; and (~~xxxvii~~x) in the ~~Servicing Certificates~~ Group I Loss Percentage for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Datesuch Collection Period. The Indenture ~~Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03~~ 3.05 of the ~~Indenture or distributions on the Transferor Certificates~~Indenture, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee ~~and~~ and, in the ~~Credit~~ case of the Mortgage Loans in Group I, the Enhancer. The Master Servicer shall give notice of any ~~changes~~ such change to each Rating Agency. The amounts furnished pursuant to clauses (d) above shall be expressed as an aggregate dollar amount per each Class of Offered Notes or Variable Funding Notes, as the case may be, with a $1,000 denomination. The Master Servicer shall forward to the ~~Rating Agencies~~Indenture Trustee and, in the case of the Mortgage Loans in Group I, the Enhancer any other information reasonably requested by the Indenture Trustee or, in the case of the Mortgage Loans in Group I, the Enhancer to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the twenty-first (21st) calendar day of each month (or if such day is not a Business Day, the following Business Day), the Master Servicer shall furnish a written statement to the Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Collection Account. The determination by the Master Servicer of such amounts shall be presumptively deemed to be correct for all purposes hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent verification thereof. In addition, upon the Issuer's written request, the Master Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Master Servicer to enable the Issuer to perform its federal and state income tax reporting obligations.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans in each Loan Group by the Determination Date for the related Collection Period; (ii) the aggregate amount of (a) Interest Collections for each Loan Group for the related Collection Period and (b) Principal Collections for each Loan Group for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for each Loan Group for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for each Loan Group for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for each Loan Group for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for ~~the~~ each Class of Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the ~~Noteholders~~ Holders of each Class of Notes because of insufficient Investor Interest ~~Collections~~Collections for the related Loan Group; (viii) the Unpaid Investor Interest Shortfall for each Class of Notes and the amount of interest on the shortfall at the applicable Note Rate for each Class of Notes applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall for each Class of Notes after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward for each Class of Notes in the distribution; (xi) the amount of the remaining Basis Risk Carryforward for each Class of Notes after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section ~~8.03(a)(vi~~8.03(a)(vii) of the ~~Indenture~~Indenture for each Loan Group; (xiii) the Scheduled Principal Collections Payment ~~Amount~~Amount for each Loan Group, separately stating its components; (xiv) the amount of any Transfer Deposit Amount for each Loan Group paid by the Sponsor or the Depositor pursuant to Section ~~2.02 or 2.04~~2.07; (xv) any accrued Servicing Fees for the Mortgage Loans in each Loan Group for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the Investor Loss Amount for each Loan Group for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of ~~the~~ each Class of Notes pursuant to Section 8.03(a)(iv), Section 8.03(a)(viii), or Section 8.03(c) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans in each Loan Group as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) ~~[Deleted]; (xx)~~ the Note Principal Balance for each Class of Notes and loan factor after giving effect to the ~~distribution~~ payment on each Class of Notes on the related Payment Date and to any reduction because of the related Investor Loss Amount; (~~xxi~~xx) the Transferor ~~Principal Balance~~ Interest and the Available Transferor Subordinated Amount for each Loan Group after giving effect to the distribution on the Payment Date; (~~xxii~~xxi) the aggregate amount of Additional Balances created on the Mortgage Loans in each Loan Group during the previous Collection Period; (~~xxiii~~xxii) for each Loan Group, the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~xxiii) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (~~xxv~~xxiv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (~~xxvi~~xxv) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v)~~ 8.03(a)(vi), Section 8.03(a)(ix), and Section ~~8.03(a)(vii~~8.03(a)(xi) of the Indenture, stated separately; (~~xxvii~~xxvi) the Guaranteed Principal Payment Amount for each Class of Notes for the Payment Date; (xxvii) the Credit Enhancement Draw Amount for each Class of Notes for the related Payment Date; (xxviii) the ~~Credit Enhancement Draw Amount for the related Payment Date; (xxix) the~~ amount to be distributed on the Mortgage Loans in each Loan Group to the Transferor pursuant to Section ~~8.03(a)(x~~8.03(a)(xiii) of the Indenture; (~~xxx~~xxix) the amount to be paid to the Master Servicer pursuant to Section ~~8.03(a)(viii~~8.03(a)(x) of the Indenture; (~~xxxi~~xxx) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage ~~Loans~~Loans in each Loan Group; (~~xxxii~~xxxi) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding on the Mortgage Loans in each Loan Group as of the close of business on the related Payment Date; (~~xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv~~xxxii) the number and principal balances of any Mortgage Loans in each Loan Group transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (~~xxxvii~~xxxiii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for each Loan Group for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the Owner Trustee shall conclusively rely ~~upon~~ on the information ~~contained~~ in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this ~~information~~ information, and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture ~~Trustee~~ Trustee, and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-D)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver ~~(a)~~ to the ~~Indenture~~ Trustee, the ~~data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee~~Paying Agent [, the ~~Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer,~~ Certificate Insurer] and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture~~ Trustee and the Master Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, ~~Payment~~ Distribution Date, the series number of the ~~Notes~~Certificates, the date of this Agreement, and: (i) the ~~aggregate~~ Available Distribution Amount for such Distribution Date, separately stating the amount of ~~collections received on the Mortgage Loans by the Determination Date for the related Collection Period~~Interest Collections and Principal Collections; (ii) the ~~aggregate~~ amount of ~~(a) Interest Collections~~ the distributions to Holders of the Class A and ~~(b) Principal Collections~~ Class M Certificates for such Distribution Date, separately stating the ~~related Collection Period~~portions thereof allocable to interest and allocable to principal; (iii) the ~~Investor Floating Allocation Percentage~~ amount of any Interest Carry Forward Amount and Supplemental Interest Amount for each Class paid on such Distribution Date and the ~~Investor Fixed Allocation Percentage~~ amount of any Interest Carry Forward Amount or Supplemental Interest Amount for each Class remaining after giving effect to the ~~related Collection Period~~distributions on such Distribution Date; (iv) the ~~Investor Interest Collections and Investor~~ amount of any Extra Principal ~~Collections~~ Distribution Amount for ~~the related Collection Period~~such Distribution Date; (v) the ~~Interest Collections that are not Investor Interest Collections and Transferor~~ Principal ~~Collections~~ Distribution Amount for such Distribution Date, separately stating the ~~related Collection Period~~components thereof; (vi) the ~~Note Interest~~ amount of any Principal Carry Forward Amount for each Class paid on such Distribution Date and the ~~applicable Note Rate~~ amount of any Principal Carry Forward Amount for each Class remaining after giving effect to the ~~Notes for the related Interest Period~~distributions on such Distribution Date; (vii) the ~~amount~~ number and aggregate Principal Balance of any Mortgage Loan purchased or substituted by the ~~Note Interest that is not payable~~ Depositor or the Master Servicer with respect to the ~~Noteholders because of insufficient Investor Interest Collections~~related Collection Period pursuant to Section 2.02; (viii) the ~~Unpaid Investor Interest Shortfall~~ number and aggregate Principal Balance of any Mortgage Loan purchased or substituted by the ~~amount of interest on~~ Depositor or the ~~shortfall at the applicable Note Rate applicable from time~~ Master Servicer with respect to ~~time (separately stated) to be distributed on~~ the related ~~Payment Date~~Collection Period pursuant to Section 2.04; (ix) the ~~remaining Unpaid Investor Interest Shortfall after~~ number and aggregate Principal Balance of any Mortgage Loan purchased or substituted by the ~~distribution on~~ Depositor or the Master Servicer with respect to the related ~~Payment Date~~Collection Period pursuant to Section 3.01; (x) the ~~amount~~ number and aggregate Principal Balance of any ~~Basis Risk Carryforward in~~ Mortgage Loan that the ~~distribution~~Master Servicer has consented to the placement of a senior lien during the related Collection Period pursuant to Section 3.01(a); (xi) the amount of ~~the remaining Basis Risk Carryforward after giving effect to the related distribution~~any Substitution Adjustment Amounts for such Distribution Date; (xii) the ~~Accelerated Principal Payment Amount~~ Servicing Fee for such Collection Period and ~~the portion of it~~ any accrued amounts thereof that ~~will be distributed pursuant to Section 8.03(a)(vi) of the Indenture~~remain unpaid for previous Collection Periods; (xiii) the ~~Scheduled Principal Collections Payment Amount~~amount, ~~separately stating its components~~if any, to be distributed to the Equity Certificateholder on such Distribution Date; (xiv) the ~~amount of any Transfer Deposit~~ Overcollateralization Amount, the Interim Overcollateralization Amount, the Interim Overcollateralization Deficiency, the Overcollateralization Release Amount, the Targeted Overcollateralization Amount ~~paid by~~ and the ~~Sponsor or the Depositor pursuant to Section 2.02 or 2.04~~Monthly Excess Cashflow for such Distribution Date; (xv) ~~any accrued Servicing Fees for~~ the number of Mortgage Loans ~~for previous Collection Periods~~ outstanding at the beginning and ~~the Servicing Fee for the related~~ end of such Collection Period; (xvi) the ~~Investor Loss Amount for~~ Pool Balance as of the ~~related~~ end of such Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Certificate Principal Balance of each Class of Certificates and the ~~Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor~~ Pool Factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment such Distribution Date; (~~xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii~~xviii) the number and aggregate ~~Asset~~ Principal Balances of Mortgage Loans (x) as to which the ~~Minimum Monthly Payment~~ scheduled monthly payment is contractually delinquent for 30-59 days, 60-89 ~~days,~~ days and 90 or more days, respectively and (y) that have become REO, in each case as of the end of ~~the preceding~~ such Collection Period; (~~xxiv~~xix) the unpaid principal amount of all Mortgage Loans that became Liquidated Mortgage Loans during such Collection Period; (xx) the book value of any real estate acquired through foreclosure or grant of a deed in lieu of foreclosure; (xxi) whether a ~~Rapid Amortization~~ Trigger Event has occurred or is continuing; (xxii) such other information as is required by the Code and regulations thereunder to be made available to Holders of the Class A and Class M Certificates; (xxiii) whether a Master Servicer Termination Event has occurred since the prior Determination Date, specifying ~~the Rapid Amortization~~ each such Master Servicer Termination Event if one has occurred; (xxiv) the Class A Formula Rate, Class A Pass-Through Rate, Class M Formula Rate and Class M Pass-Through Rate for such Distribution Date; (xxv) ~~whether an Event~~ the amount of ~~Servicing Termination has occurred since~~ any Skip-A-Pay Advances for the ~~prior Determination Date, specifying the Event of Servicing Termination if one has occurred;~~related Collection Period; and (xxvi) the ~~amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment~~ Skip-A-Pay Reimbursement Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing such Distribution Date. The ~~Indenture Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~5.01, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master ~~Servicer, the Indenture Trustee~~ Servicer and the ~~Credit Enhancer~~Trustee or as may be required by the rules and regulations of the Securities and Exchange Commission. The Master Servicer shall give notice of any ~~changes~~ such change to the Rating ~~Agencies~~Agencies [and the Certificate Insurer].

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Household Mortgage Funding Corp Iii)

Servicing Certificate. Not later than seven (7) Business Days prior to each ~~Determination~~ Payment Date, the ~~Master~~ Servicer shall deliver ~~(a)~~ to the Indenture Trustee, a certificate ( the ~~data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b~~"Servicing Certificate") ~~to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (~~in written form or in the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the ~~Master~~ Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, the Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans by on or prior to the Determination Date ~~for the related~~ in respect of such Collection Period; (ii) the aggregate amount of (a) Interest ~~Collections~~ Remittance Amount and (b) Principal ~~Collections~~ Remittance Amount for ~~the related~~ such Collection Period; (iii) the ~~Investor Floating Allocation Percentage and~~ Principal Remittance Amount for such Payment Date, separately stating the ~~Investor Fixed Allocation Percentage for the related Collection Period~~components thereof; (iv) the Investor Interest Collections and Investor Principal Collections for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued and unpaid Servicing Fees ~~for the Mortgage Loans~~ for previous Collection Periods and the Servicing Fee for ~~the related~~ such Collection Period; (~~xvi) the Investor Loss Amount for the related Collection Period; (xvii~~v) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Principal Balance of the Group I Mortgage Loans and the Group II Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxiivi) the aggregate amount of Additional Balances created ~~on the Mortgage Loans~~ during the previous Collection Period; (~~xxiii~~vii) the number and aggregate ~~Asset Balances~~ Principal Balance of Mortgage Loans (xA) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days, 150-179 days and 90 180 or more ~~days,~~ days respectively and (yB) that have become REO, in each case as of the end of the preceding Collection Period; ; (~~xxiv~~C) ~~whether a Rapid Amortization Event has occurred since the prior Determination Date~~as to which foreclosure proceedings have been commenced, ~~specifying the Rapid Amortization Event if one has occurred;~~ and (~~xxv~~D) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) in bankruptcy and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding delinquent as of the close of business on the ~~related~~ last day of the calendar month preceding such Payment Date; (~~xxxiii~~A) cumulative losses as a percentage of the ~~related Available Subordinated Transferor Amount after giving effect to~~ sum of the ~~distribution to be made on~~ aggregate Principal Balance of the ~~related Payment Date~~Initial Mortgage Loans and the Original Pre-Funded Amounts, and (B) cumulative losses as a percentage of current Pool Balance; (~~xxxiv~~ix) the book value of any real estate which is acquired by the Trust through foreclosure or grant of deed in lieu of foreclosure; (x) the amount of any servicing advances made by the Servicer during the related Collection Period; (xi) the amount, if any, of any Relief Act Interest Shortfalls incurred during the related Collection Period; (xii) the number and ~~principal balances~~ Principal Balance of any Mortgage Loans ~~transferred to~~ purchased by the ~~Transferor~~ Originator from the Trust pursuant to Section ~~2.06;~~3.04; and (~~xxxv~~xiii) any other information that the Indenture Trustee may require to perform its duties under the Operative Documents. In addition, on the Servicing Certificates delivered in each month during the Pre-Funding Period, the Servicer shall also indicate (i) the amount on deposit in the Pre-Funding Accounts as of such Payment Date and (ii) the aggregate of ~~all Liquidation Loss Amounts on~~ the Principal Balance of any Subsequent Mortgage Loans ~~since~~ purchased during the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Daterelated Collection Period. The Indenture ~~Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Article V hereof and in preparing the statements required by Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~5.09, shall have no duty to recompute, recalculate, verify or inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the ~~Master Servicer,~~ Servicer and the Indenture ~~Trustee and the Credit Enhancer~~Trustee. The ~~Master~~ Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Financial Asset Securities Corp)

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust Series, 2004-Q)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver ~~(a)~~ to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying ~~Agent, the Credit Enhancer,~~ Agent and each Rating Agency a Servicing Certificate containing the information set forth below with respect to the Mortgage Loans on an aggregate basis as of the end of the preceding Collection Period and such other information as the Indenture Trustee shall reasonably require (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the ~~aggregate~~ Available Payment Amount for such Payment Date, separately stating the amount of ~~collections received on the Mortgage Loans by the Determination Date for the related Collection Period~~Interest Collections and Principal Collections; (ii) the ~~aggregate~~ amount of ~~(a) Interest Collections~~ the payments to Holders of the Class A and ~~(b) Principal Collections~~ Class M Notes for such Payment Date, separately stating the ~~related Collection Period~~portions thereof allocable to interest and allocable to principal; (iii) the ~~Investor Floating Allocation Percentage~~ amount of any Interest Carry Forward Amount and Supplemental Interest Amount for each Class of Notes paid on such Payment Date and the ~~Investor Fixed Allocation Percentage~~ amount of any Interest Carry Forward Amount or Supplemental Interest Amount for each Class of Notes remaining after giving effect to the ~~related Collection Period~~payments on such Payment Date; (iv) the ~~Investor Interest Collections and Investor~~ amount of any Extra Principal ~~Collections~~ Payment Amount for ~~the related Collection Period~~such Payment Date; (v) the ~~Interest Collections that are not Investor Interest Collections and Transferor~~ Principal ~~Collections~~ Payment Amount for such Payment Date, separately stating the ~~related Collection Period~~components thereof; (vi) the ~~Note Interest~~ Principal Carry Forward Amount for each Class for such Payment Date and the ~~applicable Note Rate~~ amount of any Principal Carry Forward Amount for each Class remaining after giving effect to the ~~Notes for the related Interest Period~~payments on such Payment Date; (vii) the ~~amount~~ Note Principal Amount of each Class of Notes and the Pool Factor, the Pool Balance as reported in the prior Indenture Trustee's Statement to Noteholders or, in the case of the first Determination Date, the Original Note ~~Interest that is not payable to~~ Principal Amount for each Class and the ~~Noteholders because of insufficient Investor Interest Collections~~Cut-Off Date Pool Balance; (viii) the ~~Unpaid Investor Interest Shortfall~~ number and aggregate Principal Balance of any Mortgage Loan purchased or substituted by the Depositor or the Master Servicer with respect to the related Collection Period pursuant to Section 2.02; (ix) the number and aggregate Principal Balance of any Mortgage Loan purchased or substituted by the Depositor or the Master Servicer with respect to the related Collection Period pursuant to Section 2.04; (x) the number and aggregate Principal Balance of any Mortgage Loan purchased or substituted by the Depositor or the Master Servicer with respect to the related Collection Period pursuant to Section 3.01; (xi) the amount of ~~interest on~~ any Substitution Adjustment Amounts for such Payment Date; (xii) the ~~shortfall at the applicable Note Rate applicable from time to time (separately stated)~~ amount to be ~~distributed~~ paid to the Transferor in respect of the Ownership Interest for the related Payment Date pursuant to Section 5.01(a)(xii); (xiii) the Note Principal Amount for each Class of Notes and the Pool Factor after giving effect to the payment to be made on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection ~~Period~~Period and any accrued amounts thereof that remain unpaid for previous Collection Periods; (xv) the Overcollateralization Amount, the Interim Overcollateralization Amount, the Interim Overcollateralization Deficiency, the Overcollateralization Release Amount, the Targeted Overcollateralization Amount and the Monthly Excess Cashflow for such Payment Date; (xvi) the ~~Investor Loss Amount for~~ number of Mortgage Loans outstanding at the beginning and at the end of the related Collection Period; (xvii) the ~~aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders~~ Pool Balance as of the ~~Notes pursuant to Section 8.03(a)(iv)~~ end of the ~~Indenture~~related Collection Period; (xviii) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate ~~Asset~~ Principal Balances of Mortgage Loans (x) as to which the ~~Minimum Monthly Payment~~ scheduled monthly payment is contractually delinquent for 30-59 days, 60-89 ~~days,~~ days and 90 or more days, respectively and (y) that have become REO, in each case as of the end of ~~the preceding~~ such Collection Period; (xix) the book value (within the meaning of 12 C.F.R. Section 571.13 or comparable provision) of any real estate acquired through foreclosure or grant of a deed in lieu of foreclosure; (xx) whether a Trigger Event has occurred or is continuing; (xxi) the 60 Day Delinquency Percentage for the related Collection Period; (xxii) the 60 Day+ Plus Rolling Average for such Payment Date; (xxiii) LIBOR for such Payment Date; (xxiv) whether a ~~Rapid Amortization~~ Master Servicer Termination Event has occurred since the prior Determination Date, specifying ~~the Rapid Amortization~~ each such Master Servicer Termination Event if one has occurred; (xxv) ~~whether an Event of Servicing Termination has occurred since~~ the ~~prior Determination~~ Class A Formula Rate, Class A Note Rate, Class M Formula Rate, Class M Note Rate and the Available Funds Cap for such Payment Date~~, specifying the Event of Servicing Termination if one has occurred~~; (xxvi) the amount ~~to be distributed to~~ of any Skip-A-Pay Advances for the ~~Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately~~related Collection Period; (xxvii) the ~~Guaranteed Principal Payment~~ Skip-A-Pay Reimbursement Amount for ~~the~~ such Payment Date; (xxviii) such other information as is required by the ~~Credit Enhancement Draw Amount for~~ Code and regulations thereunder to be made available to Holders of the ~~related Payment Date;~~Class A and Class M Notes; and (xxix) ~~the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x)~~ whether an Event of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation Default has occurred ~~since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage,~~ and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Dateis continuing. The Indenture ~~Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making ~~distributions~~ payments pursuant to Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~5.01, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master ~~Servicer,~~ Servicer and the Indenture Trustee or as may be required by the rules and regulations of the ~~Credit Enhancer~~Securities and Exchange Commission. The Master Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Household Mortgage Loan Trust 2002 Hc1)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver ~~(a)~~ to the ~~Indenture~~ Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying ~~Agent, the Credit Enhancer,~~ Agent and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture~~ Trustee and the Master Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, ~~Payment~~ Distribution Date, the series number of the ~~Notes~~Certificates, the date of this Agreement, and: (i) the ~~aggregate~~ Available Distribution Amount for such Distribution Date, separately stating the amount of ~~collections received on the Mortgage Loans by the Determination Date for the related Collection Period~~Interest Collections and Principal Collections; (ii) the ~~aggregate~~ amount of ~~(a) Interest Collections~~ the distributions to Holders of the Class A and ~~(b) Principal Collections~~ Class M Certificates for such Distribution Date, separately stating the ~~related Collection Period~~portions thereof allocable to interest and allocable to principal; (iii) the ~~Investor Floating Allocation Percentage~~ amount of any Interest Carry Forward Amount and Supplemental Interest Amount for each Class paid on such Distribution Date and the ~~Investor Fixed Allocation Percentage~~ amount of any Interest Carry Forward Amount or Supplemental Interest Amount for each Class remaining after giving effect to the ~~related Collection Period~~distributions on such Distribution Date; (iv) the ~~Investor Interest Collections and Investor~~ amount of any Extra Principal ~~Collections~~ Distribution Amount for ~~the related Collection Period~~such Distribution Date; (v) the ~~Interest Collections that are not Investor Interest Collections and Transferor~~ Principal ~~Collections~~ Distribution Amount for such Distribution Date, separately stating the ~~related Collection Period~~components thereof; (vi) the ~~Note Interest~~ amount of any Principal Carry Forward Amount for each Class paid on such Distribution Date and the ~~applicable Note Rate~~ amount of any Principal Carry Forward Amount for each Class remaining after giving effect to the ~~Notes for the related Interest Period~~distributions on such Distribution Date; (vii) the ~~amount~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~Note Interest that is not payable~~ Depositor or the Master Servicer with respect to the ~~Noteholders because of insufficient Investor Interest Collections~~related Collection Period pursuant to Section 2.02; (viii) the ~~Unpaid Investor Interest Shortfall~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~amount of interest on~~ Depositor or the ~~shortfall at the applicable Note Rate applicable from time~~ Master Servicer with respect to ~~time (separately stated) to be distributed on~~ the related ~~Payment Date~~Collection Period pursuant to Section 2.04; (ix) the ~~remaining Unpaid Investor Interest Shortfall after~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~distribution on~~ Depositor or the Master Servicer with respect to the related ~~Payment Date~~Collection Period pursuant to Section 3.01; (x) the ~~amount~~ number and aggregate Principal Balance of any ~~Basis Risk Carryforward in~~ Home Equity Loan that the ~~distribution~~Master Servicer has consented to the placement of a senior lien during the related Collection Period pursuant to Section 3.01(a); (xi) the amount of ~~the remaining Basis Risk Carryforward after giving effect to the related distribution~~any Substitution Adjustment Amounts for such Distribution Date; (xii) the ~~Accelerated Principal Payment Amount~~ Servicing Fee for such Collection Period and ~~the portion of it~~ any accrued amounts thereof that ~~will be distributed pursuant to Section 8.03(a)(vi) of the Indenture~~remain unpaid for previous Collection Periods; (xiii) the ~~Scheduled Principal Collections Payment Amount~~amount, ~~separately stating its components~~if any, to be distributed to the Equity Certificateholder on such Distribution Date; (xiv) the ~~amount of any Transfer Deposit~~ Overcollateralization Amount, the Interim Overcollateralization Amount, the Interim Overcollateralization Deficiency, the Overcollateralization Release Amount, the Targeted Overcollateralization Amount ~~paid by~~ and the ~~Sponsor or the Depositor pursuant to Section 2.02 or 2.04~~Monthly Excess Cashflow for such Distribution Date; (xv) ~~any accrued Servicing Fees for~~ the ~~Mortgage~~ number of Home Equity Loans ~~for previous Collection Periods~~ outstanding at the beginning and ~~the Servicing Fee for the related~~ end of such Collection Period; (xvi) the ~~Investor Loss Amount for~~ Pool Balance as of the ~~related~~ end of such Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Certificate Principal Balance of each Class of Certificates and the ~~Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor~~ Pool Factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment such Distribution Date; (~~xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii~~xviii) the number and aggregate ~~Asset~~ Principal Balances of ~~Mortgage~~ Home Equity Loans (x) as to which the ~~Minimum Monthly Payment~~ scheduled monthly payment is contractually delinquent for 30-59 days, 60-89 ~~days,~~ days and 90 or more days, respectively and (y) that have become REO, in each case as of the end of ~~the preceding~~ such Collection Period; (~~xxiv~~xix) the unpaid principal amount of all Home Equity Loans that became Liquidated Home Equity Loans during such Collection Period; (xx) the book value of any real estate acquired through foreclosure or grant of a deed in lieu of foreclosure; (xxi) whether a ~~Rapid Amortization~~ Trigger Event has occurred or is continuing; (xxii) such other information as is required by the Code and regulations thereunder to be made available to Holders of the Class A and Class M Certificates; (xxiii) whether an Event of Default has occurred since the prior Determination Date, specifying ~~the Rapid Amortization~~ each such Event of Default if one has occurred; (xxiv) the Class A Formula Rate, Class A Pass-Through Rate, Class M Formula Rate and Class M Pass-Through Rate for such Distribution Date; (xxv) ~~whether an Event~~ the amount of ~~Servicing Termination has occurred since~~ any Skip-A-Pay Advances for the ~~prior Determination Date, specifying the Event of Servicing Termination if one has occurred;~~related Collection Period; and (xxvi) the ~~amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment~~ Skip-A-Pay Reimbursement Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing such Distribution Date. The ~~Indenture Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~5.01, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master ~~Servicer, the Indenture Trustee~~ Servicer and the ~~Credit Enhancer~~Trustee or as may be required by the rules and regulations of the Securities and Exchange Commission. The Master Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HFC Revolving Corp)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver ~~(a)~~ to the ~~Indenture~~ Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit ~~Enhancer,~~ Enhancer and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture~~ Trustee and the Master Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, ~~Payment~~ Distribution Date, the series number of the ~~Notes~~Certificates, the date of this Agreement, and: (i) the aggregate amount of collections ~~received~~ on the Mortgage Loans ~~by the Determination Date for the related~~ received in such Collection Period; (ii) the aggregate amount of ~~(a)~~ Interest Collections ~~and (b) Principal Collections~~ for ~~the related~~ such Collection Period; (iii) the ~~Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage~~ aggregate amount of Principal Collections for ~~the related~~ such Collection Period; (iv) the ~~Investor Interest Collections~~ Class A Certificateholder Floating Allocation Percentage and ~~Investor Principal Collections~~ the Class A Fixed Allocation Percentage for ~~the related~~ such Collection Period; (v) the Class A Interest Collections ~~that are not Investor Interest Collections and Transferor Principal Collections~~ for ~~the related~~ such Collection Period; (vi) the ~~Note~~ amount of Principal Collections to be deposited to the Funding Account pursuant to Section 5.05(a); (vii) the Seller Interest Collections for such Collection Period; (viii) the Seller Principal Collections for such Collection Period; (ix) Class A Certificate Interest and the ~~applicable Note~~ Class A Certificate Rate ~~for the Notes~~ for the related Interest Period; (~~vii~~x) the ~~amount~~ amount, if any, of ~~the Note~~ such Class A Certificate Interest that is not payable ~~to the Noteholders because~~ on account of insufficient ~~Investor~~ Class A Interest Collections; (~~viii~~xi) the portion of (a) the Unpaid ~~Investor~~ Class A Certificate Interest ~~Shortfall and~~ Shortfall, if any, plus (b) interest thereon at a rate equal to the ~~amount~~ sum of ~~interest on~~ the ~~shortfall at the applicable Note~~ Class A Certificate Rate applicable from time to time ~~(separately stated)~~ and, to the extent permitted by law, the Unpaid Class A Certificate Interest Penalty Rate to be distributed on ~~the related Payment~~ such Distribution Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the ~~Accelerated Principal Payment Amount and~~ Unpaid Class A Certificate Interest Shortfall, if any, remaining after the ~~portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture~~distribution on such Distribution Date; (xiii) the ~~Scheduled~~ Accelerated Principal ~~Collections Payment Amount, separately stating its components~~Distribution Amount and the portion thereof that will be distributed in respect of the Class A Certificates pursuant to Section 5.01(a)(vii); (xiv) the Scheduled Principal Distribution Amount, separately stating the components thereof; (xv) the amount of any ~~Transfer~~ Retransfer Deposit Amount ~~paid~~ deposited to the Collection Account by the ~~Sponsor or the Depositor~~ Seller pursuant to Section 2.02 or 2.04~~; (xv) any accrued Servicing Fees for~~ , separately stating the ~~Mortgage Loans for previous Collection Periods and~~ portion of each such amount that is to be distributed in respect of the ~~Servicing Fee for the related Collection Period~~Class A Certificates on such Distribution Date pursuant to Section 5.01(b); (xvi) the ~~Investor Loss Amount~~ Class A Servicing Fee for ~~the related~~ such Collection ~~Period~~Period and any accrued and unpaid Class A Servicing Fees for previous Collection Periods; (xvii) the Aggregate Class A Liquidation Loss Amount for such Collection Period; (xviii) the aggregate ~~amount~~ amount, if any, of ~~Investor~~ Class A Loss Reduction Amounts for previous ~~Payment~~ Distribution Dates that have not been previously reimbursed to ~~the Holders of the Notes~~ Class A Certificateholders pursuant to ~~Section 8.03(a)(iv) of the Indenture~~5.01(a)(iv); (~~xviii~~xix) the ~~aggregate Asset~~ Pool Balance as of the ~~Mortgage Loans~~ end of such Collection Period and the Pool Balance as of the end of the preceding Collection ~~Period and as of the end of the second preceding Collection~~ Period~~; (xix) [Deleted]~~; (xx) the ~~Note~~ Invested Amount as of the end of such Collection Period; (xxi) the Class A Certificate Principal Balance and ~~loan factor~~ the Pool Factor after giving effect to the distribution on ~~the related Payment~~ such Distribution Date and to any reduction ~~because~~ on account of the ~~Investor~~ Aggregate Class A Liquidation Loss Amount; (~~xxi~~xxii) the ~~Transferor~~ Seller Principal Balance and ~~the Available Transferor Subordinated Amount~~ Seller Interest after giving effect to the distribution on ~~the Payment~~ such Distribution Date; (~~xxii~~xxiii) the aggregate amount of Additional Balances created ~~on the Mortgage Loans~~ during ~~the previous~~ such Collection Period; (~~xxiii~~xxiv) the number and aggregate ~~Asset~~ Trust Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for ~~30-~~30- 59 days, 60-89 ~~days,~~ days and 90 or more days, ~~respectively~~ respectively, and (y) that have become REO, in each case as of the end of ~~the preceding~~ such Collection Period; (~~xxiv~~xxv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying ~~the~~ each such Rapid Amortization Event if one has occurred; (~~xxv~~xxvi) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying ~~the~~ each such Event of Servicing Termination if one has occurred; (~~xxvi~~xxvii) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date~~5.01(a)(v); (xxviii~~) the Credit Enhancement Draw Amount for the related Payment Date; (xxix~~) the amount to be distributed to the ~~Transferor~~ Spread Account pursuant to Section ~~8.03(a)(x~~5.01(a)(viii); (xxix) in the event the Master Servicer Credit Facility is then in effect, the Master Servicer Credit Facility Amount after giving effect to all drawings made under the Master Servicer Credit Facility to and including the date of ~~the Indenture~~such statement; (xxx) the amount referred to in clause (iii) of Section 5.01(a) and the Guaranteed Principal Distribution Amount distributable in respect of the Class A Certificates for such Distribution Date; (xxxi) the Credit Enhancement Draw Amount, if any, for such Distribution Date; (xxxii) the amount of Unpaid Class A Carry Forward Interest to be included in such distribution and the amount of Unpaid Class A Carry Forward Interest remaining after giving effect to the distribution on such Distribution Date; (xxxiii) the amount to be reimbursed to the Credit Enhancer pursuant to Section 5.01(a)(vi); (xxxiv) the amount to be paid to the ~~Master Servicer~~ Trustee pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.065.01(a)(x); (xxxv) the ~~aggregate of all Liquidation Loss Amounts on~~ amount to be distributed to the ~~Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date~~Seller pursuant to Section 5.01(a)(xi); (xxxvi) ~~the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage,~~ Weighted Average Loan Rate and ~~the Rolling Three Month Excess Spread Percentage~~ Weighted Average Maximum Loan Rate for ~~the Payment Date; and~~such Collection Period; (xxxvii) the amount on deposit in the ~~Servicing Certificates~~ Funding Account as of such Distribution Date; (xxxviii) the amount of investment earnings, if any, on amounts in the Funding Account to be deposited in the Collection Account for such Distribution Date; (xxxix) with respect to each Distribution Date during the ~~first and second Payment Dates~~Funding Period, the ~~number and Cut-off Date Asset Balance of~~ Excess Funding Amount, the amounts used to acquire Subsequent Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the Owner Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03~~ 5.05(c)(ii) (or 5.05(c)(iii)(A) as applicable), the amounts used to acquire Additional Balances pursuant to Section 5.05(c)(iii)(B) and the amounts deposited into the Collection Account pursuant to Section 5.05(c)(iii)(C) for distribution to Class A Certificateholders on such Distribution Date; (xl) the aggregate of the ~~Indenture or distributions~~ Trust Balances of the Subsequent Funding Mortgage Loans purchased on the ~~Transferor Certificates, shall have no duty to inquire into this information~~ related Subsequent Transfer Date and ~~shall have no liability in so relying. The format and content~~ the aggregate of the ~~Servicing Certificate may be modified by the mutual agreement~~ Trust Balances of the ~~Master Servicer, the Indenture Trustee and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.~~Subsequent Funding Mortgage Loans purchased on all prior Subsequent Transfer Dates;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HFC Revolving Corp)

Servicing Certificate. Not later than each Determination --------------------- Date, the Master Servicer shall deliver (a) to the ~~Indenture~~ Trustee, the ~~data necessary~~ Statement to ~~prepare the items below and the statement for Noteholders~~ Certificateholders required to be prepared pursuant to Section ~~4.04~~ 5.03 and (b) to the ~~Indenture Trustee, the Owner~~ Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit ~~Enhancer,~~ Enhancer and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture~~ Trustee and the Master Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, ~~Payment~~ Distribution Date, the series number of the ~~Notes~~Certificates, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans by on or prior to the Determination Date ~~for the related~~ in respect of such Collection Period; (ii) the aggregate amount of (a) Interest Collections and (b) Principal Collections for ~~the related~~ such Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for ~~the related~~ such Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for ~~the related~~ such Collection Period; (v) the ~~Interest Collections that are not Investor~~ Transferor Interest Collections and Transferor Principal Collections for ~~the related~~ such Collection Period; (vi) ~~the Note~~ Investor Certificate Interest and the ~~applicable Note~~ Investor Certificate Rate ~~for the Notes~~ for the related Interest Period; (vii) the ~~amount~~ amount, if any, of ~~the Note~~ such Investor Certificate Interest that is not payable ~~to the Noteholders because~~ on account of insufficient Investor Interest Collections; (viii) the portion of the Unpaid Investor Certificate Interest ~~Shortfall and~~ Shortfall, if any, the amount of interest on ~~the~~ such shortfall at the ~~applicable Note~~ Certificate Rate applicable from time to time (separately stated) to be distributed on ~~the related Payment~~ such Distribution Date; (ix) the ~~remaining~~ Unpaid Investor Certificate Interest ~~Shortfall~~ Shortfall, if any, to remain after the distribution on ~~the related Payment~~ such Distribution Date; (x) the ~~amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the~~ Accelerated Principal ~~Payment~~ Distribution Amount and the portion ~~of it~~ thereof that will be distributed pursuant to Section ~~8.03(a)(vi) of the Indenture~~5.01(a)(vii); (~~xiii~~xi) the Scheduled Principal Collections ~~Payment~~ Distribution Amount, separately stating ~~its components~~the components thereof; (~~xiv~~xii) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xvxiii) any accrued and unpaid Servicing Fees ~~for the Mortgage Loans~~ for previous Collection Periods and the Servicing Fee for ~~the related~~ such Collection Period; (~~xvi~~xiv) the Investor Loss Amount for ~~the related~~ such Collection Period; (~~xvii~~xv) the aggregate ~~amount~~ amount, if any, of Investor Loss Reduction Amounts for previous ~~Payment~~ Distribution Dates that have not been previously reimbursed to ~~the Holders of the Notes~~ Investor Certificateholders pursuant to Section ~~8.03(a)(iv) of the Indenture~~5.01(a)(v); (~~xviii~~xvi) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix~~xvii) ~~[Deleted]~~the Pool Balance as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xxxviii) the ~~Note~~ Invested Amount as of the end of the preceding Collec- tion Period; (xix) the Investor Certificate Principal Balance and ~~loan factor~~ Pool Factor after giving effect to the distribution on ~~the related Payment~~ such Distribution Date and to any reduction ~~because~~ on account of the Investor Loss Amount; (~~xxi~~xx) the Transferor Principal Balance ~~and the Available Transferor Subordinated Amount~~ after giving effect to the distribution on ~~the Payment~~ such Distribution Date; (~~xxii~~xxi) the aggregate amount of Additional Balances created ~~on the Mortgage Loans~~ during the previous Collection Period; (~~xxiii~~xxii) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 ~~days,~~ days and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~xxiii) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying ~~the~~ each such Rapid Amortization Event if one has occurred; (~~xxv~~xxiv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying ~~the~~ each such Event of Servicing Termination if one has occurred; (~~xxvi~~xxv) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v~~5.01(a)(vi) and Section ~~8.03(a)(vii) of the Indenture~~5.01(a)(viii)(ii), stated separately; (xxvi) the amount to be distributed to the Spread Account pursuant to Section 5.01(a)(viii)(i); (xxvii) the Guaranteed Principal ~~Payment~~ Distribution Amount for ~~the Payment~~ such Distribution Date; (xxviii) the Credit Enhancement Draw ~~Amount~~ Amount, if any, for ~~the related Payment~~ such Distribution Date; (xxix) the amount to be distributed to the Transferor pursuant to Section ~~8.03(a)(x) of the Indenture~~5.01(a)(x); (xxx) the amount to be paid to the Master Servicer pursuant to Section ~~8.03(a)(viii) of the Indenture~~5.01(a)(ix); (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan ~~Rate for the Mortgage Loans~~Rate; (xxxii) the total amount of funds on deposit in the Spread Account; (xxxiii) the expected amount of any optional advances pursuant to Section ~~4.03~~ 4.05 hereof by the Master Servicer included in the distribution on ~~the related Payment~~ such Distribution Date and the aggregate expected amount of optional advances pursuant to Section ~~4.03~~ 4.05 hereof by the Master Servicer outstanding as of the close of business on ~~the related Payment~~ such Distribution Date; (~~xxxiii~~xxxiv) the ~~related Available Subordinated Transferor~~ Overcollateralization Amount after giving effect to the distribution to be made on ~~the related Payment Date;~~such Distribution; and (~~xxxiv~~xxxv) the number and principal balances of any Mortgage Loans ~~transferred~~ retransferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The ~~Indenture Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~5.01, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the ~~Indenture~~ Trustee and the Credit Enhancer. The Master Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cwabs Inc)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver ~~(a)~~ to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying ~~Agent, the Credit Enhancer,~~ Agent and each Rating Agency a Servicing Certificate containing the information set forth below with respect to the Home Equity Loans on an aggregate basis as of the end of the preceding Collection Period and such other information as the Indenture Trustee shall reasonably require (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the ~~aggregate~~ Available Payment Amount for such Payment Date, separately stating the amount of ~~collections received on the Mortgage Loans by the Determination Date for the related Collection Period~~Interest Collections and Principal Collections; (ii) the ~~aggregate~~ amount of ~~(a) Interest Collections~~ the payments to Holders of the Class A and ~~(b) Principal Collections~~ Class M Notes for such Payment Date, separately stating the ~~related Collection Period~~portions thereof allocable to interest and allocable to principal; (iii) the ~~Investor Floating Allocation Percentage~~ amount of any Interest Carry Forward Amount and Supplemental Interest Amount for each Class of Notes paid on such Payment Date and the ~~Investor Fixed Allocation Percentage~~ amount of any Interest Carry Forward Amount or Supplemental Interest Amount for each Class of Notes remaining after giving effect to the ~~related Collection Period~~payments on such Payment Date; (iv) the ~~Investor Interest Collections and Investor~~ amount of any Extra Principal ~~Collections~~ Payment Amount for ~~the related Collection Period~~such Payment Date; (v) the ~~Interest Collections that are not Investor Interest Collections and Transferor~~ Principal ~~Collections~~ Payment Amount for such Payment Date, separately stating the ~~related Collection Period~~components thereof; (vi) the ~~Note Interest~~ Principal Carry Forward Amount for each Class of Notes for such Payment Date and the ~~applicable Note Rate~~ amount of any Principal Carry Forward Amount for each Class of Notes remaining after giving effect to the ~~Notes for the related Interest Period~~payments on such Payment Date; (vii) the ~~amount~~ Note Principal Amount of each Class of Notes, the Pool Balance as reported in the prior Indenture Trustee's Statement to Noteholders or, in the case of the first Determination Date, the Original Note ~~Interest that is not payable to~~ Principal Amount for each Class of Notes and the ~~Noteholders because of insufficient Investor Interest Collections~~Cut-Off Date Pool Balance; (viii) the ~~Unpaid Investor Interest Shortfall~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the Depositor or the Master Servicer with respect to the related Collection Period pursuant to Section 2.02; (ix) the number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the Depositor or the Master Servicer with respect to the related Collection Period pursuant to Section 2.04; (x) the number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the Depositor or the Master Servicer with respect to the related Collection Period pursuant to Section 3.01; (xi) the number and aggregate Principal Balance of any Home Equity Loan that the Master Servicer has consented to the placement of a senior lien during the related Collection Period pursuant to Section 3.01(a); (xii) the amount of ~~interest on~~ any Substitution Adjustment Amounts for such Payment Date; (xiii) the ~~shortfall at the applicable Note Rate applicable from time to time (separately stated)~~ amount to be ~~distributed~~ paid to the Transferor in respect of the Ownership Interest for the related Payment Date pursuant to Section 5.01(a)(xii); (xiv) the Note Principal Amount for each Class of Notes after giving effect to the payment to be made on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) ~~any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and~~ the Servicing Fee for the related Collection ~~Period~~Period and any accrued amounts thereof that remain unpaid for previous Collection Periods; (xvi) the ~~Investor Loss Amount~~ amount of all payments or reimbursements to the Master Servicer pursuant to Sections 3.03; (xvii) the Overcollateralization Amount, the Interim Overcollateralization Amount, the Interim Overcollateralization Deficiency, the Overcollateralization Release Amount, the Targeted Overcollateralization Amount, and the Monthly Excess Cashflow for such Payment Date; (xviii) the number of Home Equity Loans outstanding at the beginning and at the end of the related Collection Period; (~~xvii~~xix) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Pool Balance ~~of the Mortgage Loans~~ as of the end of the ~~preceding Collection Period and as of the end of the second preceding~~ related Collection Period~~; (xix) [Deleted]~~; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate ~~Asset~~ Principal Balances of ~~Mortgage~~ Home Equity Loans (x) as to which ~~the Minimum Monthly Payment is delinquent for 30-59 days~~one, ~~60-89 days, and 90~~ two or three or more ~~days~~scheduled monthly payments, ~~respectively~~ respectively, are contractually delinquent, and (y) that have become REO, in each case as of the end of ~~the preceding~~ such Collection Period; (xxi) the unpaid principal amount of all Home Equity Loans that became Liquidated Home Equity Loans during such Collection Period; (xxii) the Cumulative Realized Losses on the Home Equity Loans; (xxiii) the book value of any real estate acquired through foreclosure or grant of a deed in lieu of foreclosure; (xxiv) the Two Payment-Plus Delinquency Percentage for the related Collection Period; (xxv) the Two Payment-Plus Rolling Average for such Payment Date; (xxvi) LIBOR for such Payment Date; (xxvii) whether a ~~Rapid Amortization~~ Master Servicer Termination Event has occurred since the prior Determination Date, specifying ~~the Rapid Amortization~~ each such Master Servicer Termination Event if one has occurred; (~~xxv~~xxviii) whether an Event of ~~Servicing Termination~~ Default has occurred ~~since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v)~~ and ~~Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date~~is continuing; (xxix) the ~~amount to be distributed to~~ Class A Formula Rate, Class A Note Rate, Class M Formula Rate, Class M Note Rate and the ~~Transferor pursuant to Section 8.03(a)(x) of the Indenture~~Available Funds Cap for such Payment Date; (xxx) the amount ~~to be paid to~~ of any Skip-A-Pay Advances for the ~~Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture~~related Collection Period; (xxxi) the ~~Maximum Rate~~ Skip-A-Pay Reimbursement Amount for ~~the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans~~such Payment Date; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment DateCumulative Loss Percentage; (xxxiii) ~~the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date;~~whether a Trigger Event has occurred and is continuing; and (xxxiv) such other information as is required by the ~~number~~ Code and ~~principal balances of any Mortgage Loans transferred~~ regulations thereunder to ~~the Transferor pursuant~~ be made available to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days Holders of the ~~Closing Date~~Class A and Class M Notes. The Indenture ~~Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making ~~distributions~~ payments pursuant to Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~5.01, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master ~~Servicer,~~ Servicer and the Indenture Trustee or as may be required by the rules and regulations of the ~~Credit Enhancer~~Securities and Exchange Commission. The Master Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (HFC Revolving Corp Household Home Equity Loan Trust 2003 2)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans in each Loan Group by the Determination Date for the related Collection Period; (ii) the aggregate amount of (a) Interest Collections for each Loan Group for the related Collection Period and (b) Principal Collections for each Loan Group for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for each Loan Group for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for each Loan Group for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for each Loan Group for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for ~~the~~ each Class of Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the ~~Noteholders~~ Holders of each Class of Notes because of insufficient Investor Interest ~~Collections~~Collections for the related Loan Group; (viii) the Unpaid Investor Interest Shortfall for each Class of Notes and the amount of interest on the shortfall at the applicable Note Rate for each Class of Notes applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall for each Class of Notes after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward for each Class of Notes in the distribution; (xi) the amount of the remaining Basis Risk Carryforward for each Class of Notes after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section ~~8.03(a)(vi~~8.03(a)(vii) of the ~~Indenture~~Indenture for each Loan Group; (xiii) the Scheduled Principal Collections Payment ~~Amount~~Amount for each Loan Group, separately stating its components; (xiv) the amount of any Transfer Deposit Amount for each Loan Group paid by the Sponsor or the Depositor pursuant to Section ~~2.02 or 2.04~~2.07; (xv) any accrued Servicing Fees for the Mortgage Loans in each Loan Group for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the Investor Loss Amount for each Loan Group for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of ~~the~~ each Class of Notes pursuant to Section 8.03(a)(iv), Section 8.03(a)(viii), or Section 8.03(c) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans in each Loan Group as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) ~~[Deleted]; (xx)~~ the Note Principal Balance for each Class of Notes and loan factor after giving effect to the ~~distribution~~ payment on each Class of Notes on the related Payment Date and to any reduction because of the related Investor Loss Amount; (~~xxi~~xx) the Transferor ~~Principal Balance~~ Interest and the Available Transferor Subordinated Amount for each Loan Group after giving effect to the distribution on the Payment Date; (~~xxii~~xxi) the aggregate amount of Additional Balances created on the Mortgage Loans in each Loan Group during the previous Collection Period; (~~xxiii~~xxii) for each Loan Group, the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~xxiii) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (~~xxv~~xxiv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (~~xxvi~~xxv) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v)~~ 8.03(a)(vi), Section 8.03(a)(ix), and Section ~~8.03(a)(vii~~8.03(a)(xi) of the Indenture, stated separately; (~~xxvii~~xxvi) the Guaranteed Principal Payment Amount for each Class of Notes for the Payment Date; (xxvii) the Credit Enhancement Draw Amount for each Class of Notes for the related Payment Date; (xxviii) the ~~Credit Enhancement Draw Amount for the related Payment Date; (xxix) the~~ amount to be distributed on the Mortgage Loans in each Loan Group to the Transferor pursuant to Section ~~8.03(a)(x~~8.03(a)(xiii) of the Indenture; (~~xxx~~xxix) the amount to be paid to the Master Servicer pursuant to Section ~~8.03(a)(viii~~8.03(a)(x) of the Indenture; (~~xxxi~~xxx) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage ~~Loans~~Loans in each Loan Group; (~~xxxii~~xxxi) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding on the Mortgage Loans in each Loan Group as of the close of business on the related Payment Date; (~~xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv~~xxxii) the number and principal balances of any Mortgage Loans in each Loan Group transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (~~xxxvii~~xxxiii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for each Loan Group for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. (xxxiv) the number and principal balances of any Mortgage Loans in each Loan Group transferred to the Transferor pursuant to Section 2.06; (xxxv) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for each Loan Group for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date; (xxxvi) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group as to which the Minimum Monthly Payment is delinquent for 180 or more days; (xxxvii) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group that are in foreclosure; (xxxviii) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group for which the Master Servicer has received a written notice of the filing of bankruptcy or insolvency proceedings with respect to the mortgagor; and (xxxix) the sum of the Asset Balances for the three largest outstanding Mortgage Loans in each Loan Group. The Indenture Trustee and the Owner Trustee shall conclusively rely ~~upon~~ on the information ~~contained~~ in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this ~~information~~ information, and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the ~~Indenture Trustee and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.~~Indenture

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-E)

Servicing Certificate. Not later than seven (7) Business Days prior to each ~~Determination~~ Payment Date, the ~~Master~~ Servicer shall deliver ~~(a)~~ to the Indenture Trustee, a certificate ( the ~~data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b~~“Servicing Certificate”) ~~to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (~~in written form or in the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the ~~Master~~ Servicer), together with an Officer's ’s Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, the Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans by on or prior to the Determination Date ~~for the related~~ in respect of such Collection Period; (ii) the aggregate amount of (a) Interest ~~Collections~~ Remittance Amount and (b) Principal ~~Collections~~ Remittance Amount for ~~the related~~ such Collection Period; (iii) the ~~Investor Floating Allocation Percentage and~~ Principal Remittance Amount for such Payment Date, separately stating the ~~Investor Fixed Allocation Percentage for the related Collection Period~~components thereof; (iv) the Investor Interest Collections and Investor Principal Collections for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued and unpaid Servicing Fees ~~for the Mortgage Loans~~ for previous Collection Periods and the Servicing Fee for ~~the related~~ such Collection Period; (~~xvi) the Investor Loss Amount for the related Collection Period; (xvii~~v) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Principal Balance of the Group I Mortgage Loans and the Group II Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxiivi) the aggregate amount of Additional Balances created ~~on the Mortgage Loans~~ during the previous Collection Period; (~~xxiii~~vii) the number and aggregate ~~Asset Balances~~ Principal Balance of Mortgage Loans (xA) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days, 150-179 days and 90 180 or more ~~days,~~ days respectively and (yB) that have become REO, in each case as of the end of the preceding Collection Period; ; (~~xxiv~~C) ~~whether a Rapid Amortization Event has occurred since the prior Determination Date~~as to which foreclosure proceedings have been commenced, ~~specifying the Rapid Amortization Event if one has occurred;~~ and (~~xxv~~D) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) in bankruptcy and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding delinquent as of the close of business on the ~~related~~ last day of the calendar month preceding such Payment Date; (~~xxxiii~~viii) (A) cumulative losses as a percentage of the ~~related Available Subordinated Transferor Amount after giving effect to~~ sum of the ~~distribution to be made on~~ aggregate Principal Balance of the ~~related Payment Date~~Initial Mortgage Loans and the Original Pre-Funded Amounts, and (B) cumulative losses as a percentage of current Pool Balance; (~~xxxiv~~ix) the book value of any real estate which is acquired by the Trust through foreclosure or grant of deed in lieu of foreclosure; (x) the amount of any servicing advances made by the Servicer during the related Collection Period; (xi) the amount, if any, of any Relief Act Interest Shortfalls incurred during the related Collection Period; (xii) the number and ~~principal balances~~ Principal Balance of any Mortgage Loans ~~transferred to~~ purchased by the ~~Transferor~~ Originator from the Trust pursuant to Section ~~2.06;~~3.04; and (~~xxxv~~xiii) any other information that the Indenture Trustee may require to perform its duties under the Operative Documents. In addition, on the Servicing Certificates delivered in each month during the Pre-Funding Period, the Servicer shall also indicate (i) the amount on deposit in the Pre-Funding Accounts as of such Payment Date and (ii) the aggregate of ~~all Liquidation Loss Amounts on~~ the Principal Balance of any Subsequent Mortgage Loans ~~since~~ purchased during the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Daterelated Collection Period. The Indenture ~~Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Article V hereof and in preparing the statements required by Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~5.09, shall have no duty to recompute, recalculate, verify or inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the ~~Master Servicer,~~ Servicer and the Indenture ~~Trustee and the Credit Enhancer~~Trustee. The ~~Master~~ Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Greenpoint Mortgage Funding Trust 2005-He4)

Servicing Certificate. Not later than each Determination --------------------- Date, the ~~Master~~ Servicer shall deliver (a) to the ~~Indenture~~ Trustee, the ~~data necessary~~ Statement to ~~prepare the items below and the statement for Noteholders~~ Certificateholders required to be prepared pursuant to Section ~~4.04~~ 5.03 and (b) to the ~~Indenture~~ Trustee, the ~~Owner Trustee, the Sponsor~~Transferor, the Depositor, the Paying Agent, the Credit ~~Enhancer,~~ Enhancer and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture~~ Trustee and the ~~Master~~ Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, ~~Payment~~ Distribution Date, the series number of the ~~Notes~~Certificates, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans by on or prior to the Determination Date ~~for the related~~ in respect of such Collection Period; (ii) the aggregate amount of (a) Interest Collections and (b) Principal Collections for ~~the related~~ such Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for ~~the related~~ such Collection Period; (iv) the Investor Interest Collections and ~~Investor~~ Principal Collections allocated to the Investor Certificates for ~~the related~~ such Collection Period; (v) the ~~Interest Collections that are not Investor~~ Transferor Interest Collections and Transferor Principal Collections for ~~the related~~ such Collection Period; (vi) Class A Certificate Interest, the ~~Note Interest~~ Class A Certificate Rate and the ~~applicable Note Rate for the Notes~~ Class S Certificate Interest for the related Interest Period; (vii) the ~~amount~~ amount, if any, of ~~the Note~~ such Class A Certificate Interest or Class S Certificate Interest that is not payable ~~to the Noteholders because~~ on account of insufficient Investor Interest Collections; (viii) the portion of the Unpaid ~~Investor~~ Class A Certificate Interest Shortfall and the portion of the Unpaid Class S Certificate Interest Shortfall, if any, the amount of interest on ~~the~~ such shortfall at the ~~applicable Note~~ Certificate Rate applicable from time to time (separately stated) to be distributed on ~~the related Payment~~ such Distribution Date; (ix) the ~~remaining~~ Unpaid ~~Investor~~ Class A Certificate Interest Shortfall and the Unpaid Class S Certificate Interest Shortfall, if any, to remain after the distribution on ~~the related Payment~~ such Distribution Date; (x) the ~~amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the~~ Accelerated Principal ~~Payment~~ Distribution Amount and the portion ~~of it~~ thereof that will be distributed pursuant to Section ~~8.03(a)(vi) of the Indenture~~5.01(a)(viii); (~~xiii~~xi) the Scheduled Principal Collections ~~Payment~~ Distribution Amount, separately stating ~~its components~~the components thereof; (~~xiv~~xii) the amount of any Transfer Deposit Amount paid by the ~~Sponsor~~ Transferor or the Depositor pursuant to Section 2.02 or 2.04; (xvxiii) any accrued and unpaid Servicing Fees ~~for the Mortgage Loans~~ for previous Collection Periods and the Servicing Fee for ~~the related~~ such Collection Period; (~~xvi~~xiv) the Investor Loss Amount for ~~the related~~ such Collection Period; (~~xvii~~xv) the aggregate ~~amount~~ amount, if any, of Investor Loss Reduction Amounts for previous ~~Payment~~ Distribution Dates that have not been previously reimbursed to ~~the Holders of the Notes~~ Class A Certificateholders pursuant to ~~Section 8.03(a)(iv) of the Indenture~~5.01(a)(vi); (~~xviii~~xvi) the ~~aggregate Asset~~ Pool Balance ~~of the Mortgage Loans~~ as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix~~xvii) ~~[Deleted]~~the Invested Amount as of the end of the preceding Collection Period; (xxxviii) the ~~Note~~ Class A Certificate Principal ~~Balance~~ Balance, the Class S Notional Amount and ~~loan factor~~ Pool Factor after giving effect to the distribution on ~~the related Payment~~ such Distribution Date and to any reduction ~~because~~ on account of the Investor Loss Amount; (~~xxi~~xix) the Transferor Principal Balance ~~and the Available Transferor Subordinated Amount~~ after giving effect to the distribution on ~~the Payment~~ such Distribution Date; (~~xxii~~xx) the aggregate amount of Additional Balances created ~~on the Mortgage Loans~~ during the previous Collection Period; (~~xxiii~~xxi) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 ~~days,~~ days and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~xxii) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying ~~the~~ each such Rapid Amortization Event if one has occurred; (~~xxv~~xxiii) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying ~~the~~ each such Event of Servicing Termination if one has occurred; (~~xxvi~~xxiv) the amount to be distributed to the Credit Enhancer pursuant to Section ~~8.03(a)(v~~5.01(a)(vii) and Section ~~8.03(a)(vii) of the Indenture~~5.01(a)(ix)(ii), stated separately; (~~xxvii~~xxv) the amount to be distributed to the Spread Account pursuant to Section 5.01(a)(ix)(i); (xxvi) the Guaranteed Principal ~~Payment~~ Distribution Amount for such Distribution Date; (xxvii) the ~~Payment~~ Credit Enhancement Draw Amount, if any, for such Distribution Date; (xxviii~~) the Credit Enhancement Draw Amount for the related Payment Date; (xxix~~) the amount to be distributed to the Transferor pursuant to Section ~~8.03(a)(x) of the Indenture~~5.01(a)(xii); (~~xxx~~xxix) the amount to be paid to the ~~Master~~ Servicer pursuant to Section ~~8.03(a)(viii) of the Indenture~~5.01(a)(xi); (~~xxxi~~xxx) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan ~~Rate for~~ Rate; (xxxi) the ~~Mortgage Loans~~total amount of funds on deposit in the Spread Account, the amount to be transferred from the Spread Account to the Collection Account pursuant to Section 4.03(b) and the applicable Spread Account Maximum; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Overcollateralization Amount after giving effect to the distribution to be made on ~~the related Payment Date~~such Distribution; (~~xxxiv~~xxxiii) the number and principal balances of any Mortgage Loans ~~transferred~~ retransferred to the Transferor pursuant to Section 2.06; (xxxiv) the amount of Principal Collections to be deposited in the Funding Account in respect of such Distribution Date pursuant to Section 5.05(b); (xxxv) the ~~aggregate~~ amount on deposit in the Funding Account as of ~~all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off~~ such Distribution Date and ~~whether a Cumulative Loss Test Violation has occurred since the prior Determination Date~~transfers of funds required by Section 5.05(c); (xxxvi) the ~~Rolling Six Month Delinquency Rate,~~ aggregate of the ~~Spread Rate,~~ Asset Balances of the ~~Excess Spread Percentage, and~~ Subsequent Mortgage Loans purchased on the ~~Rolling Three Month Excess Spread Percentage for the Payment Date~~related Subsequent Transfer Dates; and (xxxvii) in whether the ~~Servicing Certificates for~~ Distribution Date following the ~~first~~ next Determination Date is expected to be a Subsequent Transfer Date and ~~second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days~~ a reasonable management estimate of the ~~Closing Date~~aggregate Asset Balances of such intended Subsequent Mortgage Loans. The ~~Indenture Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~5.01, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the ~~Master~~ Servicer, the ~~Indenture~~ Trustee and the Credit Enhancer. The ~~Master~~ Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Financial Asset Securities Corp)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver ~~(a)~~ to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the DepositorAdministrator, the Paying ~~Agent, the Credit Enhancer,~~ Agent and each Rating Agency a Servicing Certificate containing the information set forth below with respect to the Mortgage Loans on an aggregate basis as of the end of the preceding Collection Period (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture Trustee~~ Administrator and the Master Servicer), together with an Officer's ’s Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the ~~aggregate~~ Available Payment Amount for such Payment Date, separately stating the amount of ~~collections received on the Mortgage Loans by the Determination Date for the related Collection Period~~Interest Collections and Principal Collections; (ii) the ~~aggregate~~ amount of ~~(a) Interest Collections~~ the payments due to Holders of the Class A and ~~(b) Principal Collections~~ Class M Notes for such Payment Date, separately stating the ~~related Collection Period~~portions thereof allocable to interest and allocable to principal; (iii) the ~~Investor Floating Allocation Percentage~~ amount of any Interest Carry Forward Amount and Supplemental Interest Amount for each Class of Notes paid on such Payment Date and the ~~Investor Fixed Allocation Percentage~~ amount of any Interest Carry Forward Amount or Supplemental Interest Amount for each Class of Notes remaining after giving effect to the ~~related Collection Period~~payments on such Payment Date; (iv) the ~~Investor Interest Collections and Investor~~ amount of any Extra Principal ~~Collections~~ Payment Amount for such Payment Date, including the ~~related Collection Period~~amounts payable in respect thereof to each Class of Notes on such Payment Date; (v) the ~~Interest Collections that are not Investor Interest Collections and Transferor~~ Principal ~~Collections~~ Payment Amount for such Payment Date, separately stating the ~~related Collection Period~~components thereof, including in each case the amounts payable in respect thereof to each Class of Notes on such Payment Date; (vi) the ~~Note Interest~~ Principal Carry Forward Amount for each Class of Notes for such Payment Date and the ~~applicable Note Rate~~ amount of any Principal Carry Forward Amount for each Class of Notes remaining after giving effect to the ~~Notes for the related Interest Period~~payments on such Payment Date; (vii) the ~~amount~~ Note Principal Amount of each Class of Notes and the Pool Factor, the Pool Balance as reported in the prior Servicing Certificate or, in the case of the first Determination Date, the Original Note ~~Interest that is not payable to~~ Principal Amount for each Class of Notes and the ~~Noteholders because of insufficient Investor Interest Collections~~Cut-Off Date Pool Balance; (viii) the ~~Unpaid Investor Interest Shortfall~~ number and aggregate Principal Balance of any Mortgage Loan purchased or substituted by the Depositor or the Master Servicer with respect to the related Collection Period pursuant to Section 2.02; (ix) the number and aggregate Principal Balance of any Mortgage Loan purchased or substituted by the Depositor or the Master Servicer with respect to the related Collection Period pursuant to Section 2.04; (x) the number and aggregate Principal Balance of any Mortgage Loan purchased or substituted by the Depositor or the Master Servicer with respect to the related Collection Period pursuant to Section 3.01; (xi) the amount of ~~interest on~~ any Substitution Adjustment Amounts for such Payment Date; (xii) the ~~shortfall at the applicable Note Rate applicable from time to time (separately stated)~~ amount to be distributed to the Transferor in respect of the Ownership Interest for the related Payment Date pursuant to Section 5.01(a)(xii); (xiii) the Note Principal Amount for each Class of Notes and the Pool Factor after giving effect to the payment to be made on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection Period and any accrued amounts thereof that remain unpaid for previous Collection Periods; (xv) the Realized Losses for such Collection Period; (xvi) the ~~Investor Loss~~ amount of all payments or reimbursements to the Master Servicer pursuant to Section 3.03; (xvii) the Overcollateralization Amount, the Interim Overcollateralization Amount, the Interim Overcollateralization Deficiency, the Overcollateralization Release Amount, the Targeted Overcollateralization Amount and the Monthly Excess Cashflow for such Payment Date; (xviii) the number of Mortgage Loans outstanding at the beginning and at the end of the related Collection Period; (~~xvii~~xix) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Pool Balance ~~of the Mortgage Loans~~ as of the end of the ~~preceding Collection Period and as of the end of the second preceding~~ related Collection Period~~; (xix) [Deleted]~~; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate ~~Asset~~ Principal Balances of Mortgage Loans (x) as to which ~~the Minimum Monthly Payment is delinquent for 30-59 days~~one, ~~60-89 days, and 90~~ two or three or more ~~days~~scheduled monthly payments, ~~respectively~~ respectively, are contractually delinquent, and (y) that have become REO, in each case as of the end of ~~the preceding~~ such Collection Period; (~~xxiv~~xxi) the Cumulative Realized Losses on the Mortgage Loans for the related Collection Period; (xxii) the book value of any real estate acquired through foreclosure or grant of a deed in lieu of foreclosure; (xxiii) whether a ~~Rapid Amortization~~ Trigger Event has occurred or is continuing; (xxiv) the Two Payment-Plus Delinquency Percentage for the related Collection Period; (xxv) the Two Payment-Plus Rolling Average for such Payment Date; (xxvi) LIBOR for such Payment Date; (xxvii) whether a Master Servicer Termination Event has occurred since the prior Determination Date, specifying ~~the Rapid Amortization~~ each such Master Servicer Termination Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the ~~Credit Enhancement Draw Amount~~ Class A Formula Rate, Class A Note Rate, Class M Formula Rate, Class M Note Rate and the Available Funds Cap for ~~the related~~ such Payment Date; (xxix) the amount ~~to be distributed to~~ of any Skip-A-Pay Advances for the ~~Transferor pursuant to Section 8.03(a)(x) of the Indenture~~related Collection Period; (xxx) the ~~amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture~~Skip-A-Pay Reimbursement Amount for such Payment Date; (xxxi) the ~~Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans~~Cumulative Loss Percentage; (xxxii) ~~the expected amount of any optional advances pursuant to Section 4.03~~ such other information as is required by the ~~Master Servicer included in the distribution on the related Payment Date~~ Code and ~~the aggregate expected amount of optional advances pursuant~~ regulations thereunder to ~~Section 4.03 by the Master Servicer outstanding as~~ be made available to Holders of the ~~close of business on the related Payment Date;~~Class A and Class M Notes; and (xxxiii) ~~the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances~~ whether an Event of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation Default has occurred ~~since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate~~and is continuing. The Administrator, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the ~~Owner Trustee~~ Paying Agent shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making ~~distributions~~ payments pursuant to Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~5.01, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master ~~Servicer, the Indenture Trustee~~ Servicer and the ~~Credit Enhancer~~Administrator or as may be required by the rules and regulations of the Securities and Exchange Commission. The Master Servicer shall give notice of any ~~changes~~ such change to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Household Mortgage Loan Trust 2004-Hc1)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare ~~the items below and~~ the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i1) the aggregate amount of collections received on the Mortgage Loans by the Determination Date for the related Collection Period; (ii2) the aggregate amount of (a) Interest Collections for the related Collection Period and (b) Principal Collections for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv3) any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection Period; (~~xvi~~4) the ~~Investor~~ Liquidation Loss Amount for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii5) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix~~6) ~~[Deleted]~~the Credit Enhancement Draw Amount for the Notes for the related Payment Date; (xx7) the ~~Note Principal Balance and loan factor after giving effect~~ amount to be distributed to the ~~distribution on the related Payment Date~~ Credit Enhancer pursuant to Section 8.03(a)(iv) and ~~to any reduction because~~ Section 8.03(a)(vi) of the ~~Investor Loss Amount~~Indenture, stated separately; (~~xxi)~~ 8) the ~~Transferor~~ Guaranteed Principal ~~Balance and~~ Payment Amount for the ~~Available Transferor Subordinated Amount after giving effect to the distribution on~~ Notes for the Payment Date; (~~xxii~~9) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (~~xxiii~~10) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~11) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average ~~Net~~ Gross Loan Rate for the Mortgage Loans; (~~xxxii~~12) the ~~expected~~ amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans remaining unpaid at the end of the Collection Period preceding the related Collection Period; (13) the amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans made during the related Collection Period and included in the ~~distribution~~ payment on the ~~related~~ Payment ~~Date and~~ Date; (14) the aggregate ~~expected~~ amount of optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans that will remain outstanding as of the close of business on the ~~related~~ Payment Date; (~~xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv~~15) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (~~xxxv~~16) with respect to the Collection Account during the Collection Period related to the Payment Date: (A) its balance at the beginning of the Collection Period; (B) deposits of the aggregate Transfer Deposit amount for retransferred Mortgage Loans pursuant to Section 2.06; (C) deposits of ~~all Liquidation Loss Amounts~~ the aggregate Purchase Price for delinquent Mortgage Loans purchased by the Sponsor pursuant to Section 3.06; (D) deposits of the aggregate Purchase Price made by the Sponsor in connection with modification of Mortgage Loans pursuant to Section 3.01; (E) deposits by the Master Servicer to account for losses accrued on Eligible Investments; (F) income accrued on Eligible Investments; (G) deposits of the termination purchase price in connection with termination pursuant to Section 8.01; (H) other deposits; (I) withdrawals of investment income on Eligible Investments; (J) withdrawals for the purchase of Additional Balances; (K) transfers to the Payment Account; (L) other withdrawals; and (M) its balance at the end of the Collection Period; (17) with respect to the first and second Payment Dates, deposits by the Master Servicer to account for shortfalls in interest collections resulting from the failure of the Mortgage Loans to be fully indexed pursuant to Section 3.03; (18) with respect to the first Payment Date, deposits by the Master Servicer to account for shortfalls in interest collections resulting from the prefunding mechanism and the longer first Interest Period, pursuant to Section 3.03; (19) with respect to the first Payment Date, the amount of collections on the Mortgage Loans ~~since~~ for the period between the initial Cut-off Date and ~~whether a Cumulative Loss Test Violation has occurred since~~ the ~~prior Determination~~ Closing Date, specifying the interest and principal portions thereof; (~~xxxvi~~20) Liquidation Expenses and indemnification payments paid to the Master Servicer for the related Collection Period; (21) Liquidation Expenses and indemnification payments payable to the Master Servicer on the Payment Date from Available Interest Collections pursuant to Section 8.03(a)(vii) of the Indenture; (22) the ~~Rolling Six Month Delinquency Rate,~~ weighted average remaining term of the ~~Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date~~Mortgage Loans; and (~~xxxvii~~23) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Custodian acting on behalf of the Indenture Trustee within 30 days of the Closing Date~~. The Indenture Trustee~~ ; (24) the number and aggregate Asset Balances of Mortgage Loans that are in foreclosure; (25) the number and aggregate Asset Balances of Mortgage Loans for which the Master Servicer has received a written notice of the filing of bankruptcy or insolvency proceedings with respect to the mortgagor; (26) the sum of the Asset Balances for the three largest outstanding Mortgage Loans; and (27) the Required Transferor Subordinated Amount, the Spread Rate, the Excess Spread Percentage, the Delinquency Rate and the Owner Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating AgenciesLoss Percentage.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-C)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, ~~the data necessary to prepare the items below and~~ the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the aggregate amount of collections received on the Mortgage Loans by the Determination Date for the related Collection Period; ; (ii) the aggregate amount of (a) Interest Collections and (b) Principal Collections for the related Collection Period; ; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for the related Collection Period; ; (iv) the Investor Interest Collections and Investor Principal Collections for the related Collection Period; ; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; ; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; ; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; ; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; ; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; ; (x) the amount of any Basis Risk Carryforward in the distribution; ; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; ; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; ; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; ; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; ; (xv) any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection Period; ; (xvi) the Investor Loss Amount for the related Collection Period; ; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; ; (xviii) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; ; (xix) [Deleted]; ; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; ; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; ; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; ; (xxiii) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; ; (xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; ; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; ; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; ; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; ; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; ; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; ; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; ; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; ; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; ; (xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; ; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; ; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; ; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread ~~Percentage,~~ Percentage and the Rolling Three Month Excess Spread Percentage for the Payment Date; ~~and~~ (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date or Subsequent Closing Date, as applicable; and (xxxviii)in the Servicing Certificate for the first Payment Date, the aggregate Cut-off Asset Balance of Additional Home Equity Loans acquired by the Trust. The Indenture Trustee and the Owner Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Cwabs Inc)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver ~~(a)~~ to the ~~Indenture~~ Trustee, the ~~data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee~~Paying Agent [, the ~~Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer,~~ Certificate Insurer] and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the ~~Indenture~~ Trustee and the Master Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, ~~Payment~~ Distribution Date, the series number of the ~~Notes~~Certificates, the date of this Agreement, and: (i) the ~~aggregate~~ Available Distribution Amount for such Distribution Date, separately stating the amount of ~~collections received on the Mortgage Loans by the Determination Date for the related Collection Period~~Interest Collections and Principal Collections; (ii) the ~~aggregate~~ amount of ~~(a) Interest Collections~~ the distributions to Holders of the Class A and ~~(b) Principal Collections~~ Class M Certificates for such Distribution Date, separately stating the ~~related Collection Period~~portions thereof allocable to interest and allocable to principal; (iii) the ~~Investor Floating Allocation Percentage~~ amount of any Interest Carry Forward Amount and Supplemental Interest Amount for each Class paid on such Distribution Date and the ~~Investor Fixed Allocation Percentage~~ amount of any Interest Carry Forward Amount or Supplemental Interest Amount for each Class remaining after giving effect to the ~~related Collection Period~~distributions on such Distribution Date; (iv) the ~~Investor Interest Collections and Investor~~ amount of any Extra Principal ~~Collections~~ Distribution Amount for ~~the related Collection Period~~such Distribution Date; (v) the ~~Interest Collections that are not Investor Interest Collections and Transferor~~ Principal ~~Collections~~ Distribution Amount for such Distribution Date, separately stating the ~~related Collection Period~~components thereof; (vi) the ~~Note Interest~~ amount of any Principal Carry Forward Amount for each Class paid on such Distribution Date and the ~~applicable Note Rate~~ amount of any Principal Carry Forward Amount for each Class remaining after giving effect to the ~~Notes for the related Interest Period~~distributions on such Distribution Date; (vii) the ~~amount~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~Note Interest that is not payable~~ Depositor or the Master Servicer with respect to the ~~Noteholders because of insufficient Investor Interest Collections~~related Collection Period pursuant to Section 2.02; (viii) the ~~Unpaid Investor Interest Shortfall~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~amount of interest on~~ Depositor or the ~~shortfall at the applicable Note Rate applicable from time~~ Master Servicer with respect to ~~time (separately stated) to be distributed on~~ the related ~~Payment Date~~Collection Period pursuant to Section 2.04; (ix) the ~~remaining Unpaid Investor Interest Shortfall after~~ number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~distribution on~~ Depositor or the Master Servicer with respect to the related ~~Payment Date~~Collection Period pursuant to Section 3.01; (x) the ~~amount~~ number and aggregate Principal Balance of any ~~Basis Risk Carryforward in~~ Home Equity Loan that the ~~distribution~~Master Servicer has consented to the placement of a senior lien during the related Collection Period pursuant to Section 3.01(a); (xi) the amount of ~~the remaining Basis Risk Carryforward after giving effect to the related distribution~~any Substitution Adjustment Amounts for such Distribution Date; (xii) the ~~Accelerated Principal Payment Amount~~ Servicing Fee for such Collection Period and ~~the portion of it~~ any accrued amounts thereof that ~~will be distributed pursuant to Section 8.03(a)(vi) of the Indenture~~remain unpaid for previous Collection Periods; (xiii) the ~~Scheduled Principal Collections Payment Amount~~amount, ~~separately stating its components~~if any, to be distributed to the Equity Certificateholder on such Distribution Date; (xiv) the ~~amount of any Transfer Deposit~~ Overcollateralization Amount, the Interim Overcollateralization Amount, the Interim Overcollateralization Deficiency, the Overcollateralization Release Amount, the Targeted Overcollateralization Amount ~~paid by~~ and the ~~Sponsor or the Depositor pursuant to Section 2.02 or 2.04~~Monthly Excess Cashflow for such Distribution Date; (xv) ~~any accrued Servicing Fees for~~ the ~~Mortgage~~ number of Home Equity Loans ~~for previous Collection Periods~~ outstanding at the beginning and ~~the Servicing Fee for the related~~ end of such Collection Period; (xvi) the ~~Investor Loss Amount for~~ Pool Balance as of the ~~related~~ end of such Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Certificate Principal Balance of each Class of Certificates and the ~~Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor~~ Pool Factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment such Distribution Date; (~~xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii~~xviii) the number and aggregate ~~Asset~~ Principal Balances of ~~Mortgage~~ Home Equity Loans (x) as to which the ~~Minimum Monthly Payment~~ scheduled monthly payment is contractually delinquent for 30-59 days, 60-89 ~~days,~~ days and 90 or more days, respectively and (y) that have become REO, in each case as of the end of ~~the preceding~~ such Collection Period; (~~xxiv~~xix) the unpaid principal amount of all Home Equity Loans that became Liquidated Home Equity Loans during such Collection Period; (xx) the book value of any real estate acquired through foreclosure or grant of a deed in lieu of foreclosure; (xxi) whether a ~~Rapid Amortization~~ Trigger Event has occurred or is continuing; (xxii) such other information as is required by the Code and regulations thereunder to be made available to Holders of the Class A and Class M Certificates; (xxiii) whether a Master Servicer Termination Event has occurred since the prior Determination Date, specifying ~~the Rapid Amortization~~ each such Master Servicer Termination Event if one has occurred; (xxiv) the Class A Formula Rate, Class A Pass-Through Rate, Class M Formula Rate and Class M Pass-Through Rate for such Distribution Date; (xxv) ~~whether an Event~~ the amount of ~~Servicing Termination has occurred since~~ any Skip-A-Pay Advances for the ~~prior Determination Date, specifying the Event of Servicing Termination if one has occurred;~~related Collection Period; and (xxvi) the ~~amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment~~ Skip-A-Pay Reimbursement Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing such Distribution Date. The ~~Indenture Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~5.01, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master ~~Servicer, the Indenture Trustee~~ Servicer and the ~~Credit Enhancer~~Trustee or as may be required by the rules and regulations of the Securities and Exchange Commission. The Master Servicer shall give notice of any ~~changes~~ such change to the Rating ~~Agencies~~Agencies [and the Certificate Insurer].

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HFC Revolving Corp)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver ~~(a)~~ to the Indenture Trustee, the ~~data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee~~Paying Agent [, the ~~Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer,~~ Insurer] and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Class A Notes, the date of this Agreement, and: (i) The Available Distribution Amount for such Payment Date, separately stating the ~~aggregate~~ amount of ~~collections received on the Mortgage Loans by the Determination Date for the related Collection Period~~Interest Collections and Principal Collections; (ii) ~~the aggregate amount of (a) Interest Collections and (b) Principal Collections~~ The Class A Note Rate for ~~the related Collection Period~~such Payment Date; (iii) The Class A Note Principal Amount, the ~~Investor Floating Allocation Percentage~~ Pool Balance as reported in the prior Indenture Trustee's Statement to Noteholders or, in the case of the first Determination Date, the Original Class A Note Principal Amount and the ~~Investor Fixed Allocation Percentage for the related Collection Period~~Cut-Off Date Pool Balance; (iv) The number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~Investor Interest Collections and Investor Principal Collections for~~ Depositor or the Master Servicer with respect to the related Collection ~~Period~~Period pursuant to Section 2.02; (v) The number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for~~ Depositor or the Master Servicer with respect to the related Collection ~~Period~~Period pursuant to Section 2.04; (vi) The number and aggregate Principal Balance of any Home Equity Loan purchased or substituted by the ~~Note Interest and~~ Depositor or the ~~applicable Note Rate for the Notes for~~ Master Servicer with respect to the related ~~Interest Period~~Collection Period pursuant to Section 3.01; (vii) The number and aggregate Principal Balance of any Home Equity Loan that the ~~amount of the Note Interest that is not payable~~ Master Servicer has consented to the ~~Noteholders because~~ placement of ~~insufficient Investor Interest Collections~~a senior lien during the related Collection Period pursuant to Section 3.01(a); (viii) ~~the Unpaid Investor Interest Shortfall and the~~ The amount of ~~interest on the shortfall at the applicable Note Rate applicable from time to time~~ any Substitution Adjustment Amounts for such Payment Date; (~~separately stated~~ix) The Class A Principal Distribution to be distributed on the Class A Notes, and the Interest Distribution for the related Payment Date to be distributed on the Class A Notes; (x) The amount, if any, of unpaid Interest Carry Forward Amount after giving effect to the distributions on the related Payment Date; (ixxi) The amount of the ~~remaining Unpaid Investor Interest Shortfall after the distribution~~ Insured Payments, if any, to be made on the related Payment Date; (~~x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (~~xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection Period; (xvi) the Investor Loss Amount for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Balance of the Mortgage Loans as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (xix) [Deleted]; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the The amount to be distributed to the Transferor ~~pursuant to Section 8.03(a)(x)~~ in respect of the ~~Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate~~ Transferor Interest for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date ~~and the aggregate expected amount of optional advances~~ pursuant to Section ~~4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date~~5.01(a)(vii); (~~xxxiii~~xiii) ~~the related Available Subordinated Transferor~~ The Class A Note Principal Amount after giving effect to the distribution to be made on the related Payment Date; (~~xxxiv~~xiv) The weighted average remaining term to maturity of the ~~number~~ Home Equity Loans and ~~principal balances of~~ the weighted average Loan Rate; (xv) The Servicing Fee for the related Collection Period and any ~~Mortgage Loans transferred~~ accrued amounts thereof that remain unpaid for previous Collection Periods; (xvi) The amounts to be paid to the ~~Transferor~~ Insurer, separately stated, pursuant to Sections 5.01(a)(iv) and 5.01(a)(vi); (xvii) The Premium Amount to be paid to the Insurer pursuant to Section ~~2.06~~5.01; (~~xxxv~~xviii) ~~the aggregate~~ The amount of all payments or reimbursements to the Master Servicer pursuant to Sections 3.03; (xix) The Overcollateralization Amount, the Interim Overcollateralization Amount, the Interim Overcollateralization Deficiency, the Overcollateralization Release Amount, the Targeted Overcollateralization Amount, the Excess Cashflow and the Distributable Excess Cashflow for such Payment Date; (xx) The amount of Distributable Excess Cashflow to be distributed to the Class A Noteholders on such Payment Date pursuant to Section 5.01(a)(v) on such Payment Date; (xxi) The number of Home Equity Loans outstanding at the beginning and at the end of the related Collection Period; (xxii) The Pool Balance as of the end of the related Collection Period; (xxiii) The number and aggregate Principal Balances of Home Equity Loans (x) as to which the scheduled monthly payment is contractually delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, and (y) that have become REO, in each case as of the end of such Collection Period; (xxiv) The unpaid principal amount of all Home Equity Loans that became Liquidated Home Equity Loans during such Collection Period; (xxv) The Net Liquidation ~~Loss Amounts~~ Proceeds received during such Collection Period; (xxvi) The cumulative losses on the ~~Mortgage Loans since~~ Home Equity Loans; (xxvii) The book value (within the ~~Cut~~meaning of 12 C.F.R.ss. 571.13 or comparable provision) of any real xxxxxx xcquired through foreclosure or grant of a deed in lieu of foreclosure; (xxviii) The Sixty Day Delinquency Percentage for the related Collection Period; (xxix) The Sixty Day-~~off Date and~~ Plus Rolling Average for such Payment Date; (xxx) LIBOR for such Payment Date; (xxxi) whether a ~~Cumulative Loss Test Violation~~ Master Servicer Termination Event has occurred since the prior Determination Date, specifying each such Master Servicer Termination Event if one has occurred; (~~xxxvi~~xxxii) whether an Event of Default has occurred and is continuing; (xxxiii) the ~~Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage~~ amount of any Skip-A-Pay Advances for the ~~Payment Date~~related Collection Period; and (~~xxxvii~~xxxiv) in the ~~Servicing Certificates~~ Skip-A-Pay Reimbursement Amount for ~~the first and second~~ such Payment ~~Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing~~ Date. The ~~Indenture Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03 of the Indenture or distributions on the Transferor Certificates~~5.01, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master ~~Servicer, the Indenture Trustee~~ Servicer and the ~~Credit Enhancer~~Trustee or as may be required by the rules and regulations of the Securities and Exchange Commission. The Master Servicer shall give notice of any ~~changes~~ such change to the Rating ~~Agencies~~Agencies [and the Insurer].

Appears in 1 contract

Samples: Sale and Servicing Agreement (HFC Revolving Corp)

Servicing Certificate. ~~Not later than~~ With respect to each Payment Date, --------------------- on the Business Day following the related Determination Date, the Master Servicer shall ~~deliver (a)~~ forward to the Depositor, the Indenture Trustee and the Enhancer, and the Indenture Trustee, ~~the data necessary to prepare the items below and the statement for Noteholders required to be prepared~~ pursuant to Section ~~4.04 and (b)~~ 3.25 of the Indenture, shall forward or cause to ~~the Indenture Trustee~~be forwarded by mail to each Securityholder, the Owner Trustee, each Paying Agent (if other than the ~~Sponsor~~Indenture Trustee), the ~~Depositor, the Paying Agent, the Credit Enhancer,~~ Enhancer and each Rating ~~Agency~~ Agency, a Servicing Certificate ~~(in written form or~~ setting forth the ~~form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer)~~following information, ~~together with an Officer's Certificate~~ to the ~~effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and~~extent applicable: (ia) the aggregate amount of ~~collections~~ Collections received on the Mortgage Loans by (stated separately for each Group, for the ~~Determination Date~~ High LTV Mortgage Loans, for the Home Equity Mortgage Loans, for the Thirty-year Maturity Mortgage Loans and also in the aggregate) during the related Collection Period; (iib) the aggregate amount of (ai) Interest Collections and (bii) Principal Collections (in each case stated separately for each Group, for the ~~related~~ High LTV Mortgage Loans, for the Home Equity Mortgage Loans, for the Thirty-year Maturity Mortgage Loans and also in the aggregate) for such Collection Period; (~~iii~~c) the ~~Investor Floating Allocation Percentage~~ Principal Distribution Amount for such Collection Period stating separately the Base Principal Distribution Amount and the ~~Investor Fixed Allocation Percentage~~ Additional Principal Distribution Amount (in each case stated separately for each Group and also in the ~~related Collection Period~~aggregate); (ivd) the ~~Investor Interest Collections and Investor Principal Collections for the related Collection Period~~amount distributable to each Class of Notes in respect of interest; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (xe) the amount of any ~~Basis Risk Carryforward in the distribution~~Interest Carry-Forward Amounts; (xif) the ~~amount of the remaining Basis Risk Carryforward after giving effect~~ amount, if any, to be distributed to the ~~related distribution~~Certificateholders; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xvg) any accrued and unpaid Servicing Fees ~~for the Mortgage Loans~~ for previous Collection Periods and the Servicing Fee for ~~the related~~ such Collection Period; (~~xvi~~h) the ~~Investor Loss Amount~~ Excess Spread (stated separately for each Group and also in the ~~related~~ aggregate), if any, for such Collection Period; (~~xvii~~i) the ~~aggregate amount of Investor~~ Liquidation Loss ~~Reduction Amounts~~ Amount (stated separately for ~~previous Payment Dates that have not been previously reimbursed to~~ each Group, for the ~~Holders of~~ High LTV Mortgage Loans, for the ~~Notes pursuant to Section 8.03(a)(iv~~Home Equity Mortgage Loans, for the Thirty-year Maturity Mortgage Loans and also in the aggregate) of and any Subordination Deficit (stated separately for each Group and also in the ~~Indenture~~aggregate) for such Collection Period; (~~xviii~~j) the ~~aggregate Asset~~ Pool Balance of (stated separately for each Group and also in the ~~Mortgage Loans~~ aggregate) as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix) [Deleted]; (xx~~k) the Note ~~Principal~~ Balance ~~and loan factor~~ for each Class of Notes after giving effect to ~~the~~ any distribution on ~~the related~~ such Payment Date and to any reduction ~~because~~ on account of ~~the Investor~~ Liquidation Loss ~~Amount~~Amounts; (~~xxi~~l) the ~~Transferor Principal Balance~~ Overcollateralization Amount and the ~~Available Transferor Subordinated~~ Overcollateralization Target Amount (stated separately for each Group); (m) the Certificate Balance after giving effect to ~~the~~ any distribution on ~~the~~ such Payment Date; (~~xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii~~n) the number and aggregate ~~Asset~~ Principal Balances of Mortgage Loans (xin each case stated separately for each Group, for the High LTV Mortgage Loans, for the Home Equity Mortgage Loans, for the Thirty-year Maturity Mortgage Loans and also in the aggregate) (i) as to which the ~~Minimum~~ related Monthly Payment is delinquent for 30-59 days, 60-89 ~~days,~~ days and 90 or more days, ~~respectively~~ respectively, and (yii) that have become ~~REO~~related to REO Property, in each case as of the end of the preceding Collection Period; (~~xxiv~~o) whether a ~~Rapid Amortization Event~~ Servicing Default has occurred since the prior Determination Date, specifying ~~the Rapid Amortization Event if one has occurred~~such Servicing Default; (~~xxv~~p) ~~whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the~~ each amount to be distributed to the ~~Credit~~ Enhancer pursuant to ~~Section 8.03(a)(v) and Section 8.03(a)(vii) of~~ the ~~Indenture~~Basic Documents, stated ~~separately~~separately for each Group and amount; (~~xxvii~~q) the ~~Guaranteed Principal Payment Amount~~ Policy Draw Amount, if any, for ~~the~~ such Payment Date; (~~xxviii~~r) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum weighted average Mortgage Interest Rate for the related Collection ~~Period and the Weighted Average Net Loan Rate for the Mortgage Loans~~Period; (~~xxxii~~s) during the ~~expected~~ Pre-Funding Period, the amount ~~of any optional advances pursuant to Section 4.03 by the Master Servicer included~~ on deposit in the ~~distribution on~~ Pre-Funding Account (including the ~~related~~ allocation thereof as between Group I and Group II) as of such Payment Date and ~~the aggregate expected amount~~ any transfers of ~~optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date~~funds in connection therewith; (~~xxxiii~~t) during the ~~related Available Subordinated Transferor Amount after giving effect to~~ Pre-Funding Period, whether the ~~distribution~~ Payment Date following the next Determination Date is expected to be ~~made on the related Payment~~ a Subsequent Transfer Date~~; (xxxiv) the number~~ , and ~~principal balances~~ a reasonable estimate of ~~any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv)~~ the aggregate Principal Balances and Group assignment of ~~all Liquidation Loss Amounts on~~ the intended Subsequent Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment DateLoans; and (~~xxxvii~~u) in the ~~Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance~~ amount of ~~Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date~~any Periodic Advances. The Indenture ~~Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03~~ 3.05 of the ~~Indenture or distributions on the Transferor Certificates~~Indenture, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master ~~Servicer,~~ Servicer and the Indenture ~~Trustee and the Credit Enhancer~~Trustee. The Master Servicer shall give notice of any ~~changes~~ such change to each Rating Agency and the Enhancer. The amounts furnished pursuant to clauses (e) and (g) above shall be expressed as an aggregate dollar amount per each Class of Notes or Certificates, as the case may be, with a $1,000 denomination. The Master Servicer shall forward to the ~~Rating Agencies~~Indenture Trustee any other information reasonably requested by the Indenture Trustee to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Pre-Funding Account (including the allocation of such withdrawal between amounts reserved for Group I Mortgage Loans and Group II Mortgage Loans) and the Collection Account. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent verification thereof. In addition, upon the Issuer's written request, the Master Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Master Servicer to enable the Issuer to perform its federal and state income tax reporting obligations.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Bear Stearns Asset Backed Sec Inc Irwin Home Eq Lo Tr 1999-2)

Servicing Certificate. ~~Not later than~~ With respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall ~~deliver (a)~~ forward to the Depositor and the Indenture Trustee, ~~the data necessary to prepare the items below~~ and the ~~statement for Noteholders required to be prepared~~ Indenture Trustee, pursuant to Section ~~4.04 and (b)~~ 3.25 of the Indenture, shall make available to ~~the Indenture Trustee~~each Securityholder, the Owner Trustee, each Paying Agent (if other than the ~~Sponsor, the Depositor, the Paying Agent, the Credit Enhancer,~~ Indenture Trustee) and each Rating ~~Agency~~ Agency, a Servicing Certificate ~~(in written form or~~ setting forth the ~~form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer)~~following information, ~~together with an Officer's Certificate~~ to the ~~effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and~~extent applicable: (ia) the aggregate amount of ~~collections~~ Collections received on the Mortgage Loans ~~by the Determination Date for~~ during the related Collection Period; (iib) the aggregate amount of (ai) Interest Collections and (bii) Principal Collections and, in the case of the Managed Amortization Period, Net Principal Collections (in each case stated separately for each Group and also in the ~~related~~ aggregate) for such Collection Period; (~~iii~~c) the ~~Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage~~ Principal Collection Distribution Amount for ~~the related~~ such Collection Period; (ivd) the ~~Investor Interest Collections~~ amount distributable to each Class of Term Notes and ~~Investor Principal Collections for~~ the ~~related Collection Period~~Variable Funding Notes in respect of interest; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (xe) the amount of any ~~Basis Risk Carryforward in the distribution~~Interest Carry-Forward Amounts; (xif) ~~the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution~~reserved; (~~xii~~g) the ~~Accelerated Principal Payment Amount and the portion of it that will~~ amount, if any, to be distributed ~~pursuant~~ to ~~Section 8.03(a)(vi) of~~ the ~~Indenture~~Certificateholders; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xvh) any accrued and unpaid Servicing Fees ~~for the Mortgage Loans~~ for previous Collection Periods and the Servicing Fee for ~~the related~~ such Collection Period; (~~xvi~~i) the ~~Investor Loss Amount~~ Excess Spread, if any, for ~~the related~~ such Collection Period; (~~xvii~~j) the ~~aggregate amount~~ Liquidation Loss Amount and Principal Balance of ~~Investor Loss Reduction~~ Liquidated Mortgage Loans (in each case stated separately for each Group and also in the aggregate) for (i) such Collection Period, (ii) such Collection Period and the immediately preceding eleven Collection Periods and (iii) such Collection Period and all previous Collection Periods and any Overcollateralization Increase Amounts and Overcollateralization Release Amounts for ~~previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture~~such Collection Period; (~~xviii~~k) the ~~aggregate Asset~~ Pool Balance of (stated separately for each Group and also in the ~~Mortgage Loans~~ aggregate) as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix) [Deleted]; (xx~~l) the Term Note ~~Principal~~ Balance and ~~loan factor~~ the Variable Funding Balance for each Class of Notes after giving effect to ~~the~~ any distribution on ~~the related~~ such Payment Date and to any reduction ~~because~~ on account of ~~the Investor~~ Liquidation Loss ~~Amount~~Amounts; (~~xxi~~m) the ~~Transferor Principal Balance~~ Overcollateralization Amount and the ~~Available Transferor Subordinated~~ Overcollateralization Target Amount ~~after giving effect to~~ and whether the ~~distribution on the Payment Date~~Loss and Delinquency Test has not been satisfied; (~~xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii~~n) the number and aggregate ~~Asset~~ Principal Balances of Mortgage Loans (xin each case stated separately for each Group and also in the aggregate) (i) as to which the ~~Minimum~~ related Monthly Payment is delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, those Mortgage Loans in foreclosure, and those Mortgage Loans as to which the related Mortgagor has commenced bankruptcy proceedings and (ii) that have become related to REO Property, in each case as of the end of the preceding Collection Period; in addition, with respect to the High LTV Mortgage Loans, the number and aggregate Principal Balance of Mortgage Loans as to which the related monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days, 150-179 days and 90 180 days or more ~~days~~separately identifying for each bucket those Mortgage Loans subject to bankruptcy proceedings, ~~respectively and (y)~~ those Mortgage Loans that have become ~~REO, in each case as of~~ related to REO Property and the remaining ("purely delinquent") Mortgage Loans. (o) prior to the end of the Managed Amortization Period with respect to Group III, the aggregate amount of Additional Balances, if any, (i) created and (ii) purchased during the preceding Collection Period; (~~xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv~~p) whether an ~~Event of Servicing Termination has occurred since the prior Determination Date~~Amortization Event, specifying ~~the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture~~such event, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (~~xxxvi~~q) whether a Servicing Default has occurred since the prior Determination Date, specifying such Servicing Default; (r) the ~~Rolling Six Month Delinquency~~ amount of any Interest Rate Cap Agreement Payments; (s) reserved; (t) reserved; (u) the Net Mortgage Interest Rate~~, the Spread Rate, the Excess Spread Percentage~~, and the ~~Rolling Three Month Excess Spread Percentage~~ Group III Net Mortgage Interest Rate for the ~~Payment Date~~related Collection Period; (v) the number, Group and Principal Balances of any Mortgage Loans removed from the Trust; and (~~xxxvii~~w) during the Pre-Funding Period, the amount on deposit in the ~~Servicing Certificates for~~ Pre-Funding Account (including the ~~first~~ allocation thereof among Group I, Group II, and ~~second~~ Group III) as of such Payment ~~Dates, the number~~ Date and ~~Cut-off Date Asset Balance~~ any transfers of ~~Mortgage Loans for which the Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date~~funds in connection therewith. The Indenture ~~Trustee and the Owner~~ Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section ~~8.03~~ 3.05 of the ~~Indenture or distributions on the Transferor Certificates~~Indenture, shall have no duty to inquire into ~~this~~ such information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master ~~Servicer,~~ Servicer and the Indenture ~~Trustee and the Credit Enhancer~~Trustee. The Master Servicer shall give notice of any ~~changes~~ such change to each Rating Agency. The amounts furnished pursuant to clauses (d) above shall be expressed as an aggregate dollar amount per each Class of Term Notes or Variable Funding Notes, as the case may be, with a $1,000 denomination. The Master Servicer shall forward to the ~~Rating Agencies~~Indenture Trustee any other information reasonably requested by the Indenture Trustee to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Pre-Funding Account (including the allocation of such withdrawal among amounts reserved for Group I Mortgage Loans, Group II Mortgage Loans, and Group III Mortgage Loans), the Funding Account and the Collection Account. The determination by the Master Servicer of such amounts shall be presumptively deemed to be correct for all purposes hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent verification thereof. In addition, upon the Issuer's written request, the Master Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Master Servicer to enable the Issuer to perform its federal and state income tax reporting obligations.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Bear Stearns Asset Backed Sec Inc Irwin Home Eq Lo Tr 2001-2)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver ~~(a)~~ to the Indenture Trustee, the data necessary to prepare the items below and the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying ~~Agent, the Credit Enhancer,~~ Agent and each Rating Agency a Servicing Certificate containing the information set forth below with respect to the Mortgage Loans on an aggregate basis as of the end of the preceding Collection Period and such other information as the Indenture Trustee shall reasonably require (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that ~~the~~ such Servicing Certificate is true and correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i) the ~~aggregate~~ Group 1 Available Payment Amount and the Group 2 Available Payment Amount for such Payment Date, separately stating the amount of ~~collections received on the Mortgage Loans by the Determination Date for the related Collection Period~~Group 1 Interest Collections, Group 1 Principal Collections, Group 2 Interest Collections and Group 2 Principal Collections; (ii) the ~~aggregate~~ amount of ~~(a) Interest Collections~~ the payments to Holders of each Class of Class A Notes and ~~(b) Principal Collections~~ each Class M Component for such Payment Date, separately stating the ~~related Collection Period~~portions thereof allocable to interest and allocable to principal; (iii) the ~~Investor Floating Allocation Percentage~~ amount of any Interest Carry Forward Amount and Supplemental Interest Amount for each Class of Class A Notes and each Class M Component paid on such Payment Date and the ~~Investor Fixed Allocation Percentage~~ amount of any Interest Carry Forward Amount or Supplemental Interest Amount for each Class of Class A Notes and each Class M Component remaining after giving effect to the ~~related Collection Period~~payments on such Payment Date; (iv) the ~~Investor Interest Collections~~ amount of any Group 1 Extra Principal Payment Amount and ~~Investor~~ Group 2 Extra Principal ~~Collections~~ Payment Amount for ~~the related Collection Period~~such Payment Date; (v) the ~~Interest Collections that are not Investor Interest Collections~~ Group 1 Principal Payment Amount and ~~Transferor~~ Group 2 Principal ~~Collections~~ Payment Amount for such Payment Date, separately stating the ~~related Collection Period~~components of each thereof; (vi) the ~~Note Interest~~ Group 1 Principal Carry Forward Amount or the Group 2 Principal Carry Forward Amount, as applicable, for each Class for such Payment Date and the ~~applicable Note Rate~~ amount of any Group 1 Principal Carry Forward Amount or the Group 2 Principal Carry Forward Amount, as applicable, for each Class remaining after giving effect to the ~~Notes for the related Interest Period~~payments on such Payment Date; (vii) the ~~amount~~ Note Principal Amount of each Class of Notes, the Component Principal Amount of each Class M Component and the Pool Factor of each Class of Notes and each Class M Component, the Pool Balance of each Mortgage Loan Group as reported in the prior Indenture Trustee's Statement to Noteholders or, in the case of the first Determination Date, the Original Note ~~Interest that is not payable to~~ Principal Amount for each Class of Class A Notes and Original Component Principal Amount of each Class M Component, the ~~Noteholders because of insufficient Investor Interest Collections~~Group 1 Cut-Off Date Pool Balance and the Group 2 Cut-Off Date Pool Balance; (viii) for each Mortgage Loan Group, the ~~Unpaid Investor Interest Shortfall~~ number and aggregate Principal Balance of any Mortgage Loans purchased or substituted by the ~~amount of interest on~~ Depositor or the ~~shortfall at the applicable Note Rate applicable from time~~ Master Servicer with respect to ~~time (separately stated) to be distributed on~~ the related ~~Payment Date~~Collection Period pursuant to Section 2.02; (ix) for each Mortgage Loan Group, the ~~remaining Unpaid Investor Interest Shortfall after~~ number and aggregate Principal Balance of any Mortgage Loans purchased or substituted by the ~~distribution on~~ Depositor or the Master Servicer with respect to the related ~~Payment Date~~Collection Period pursuant to Section 2.04; (x) for each Mortgage Loan Group, the ~~amount~~ number and aggregate Principal Balance of any ~~Basis Risk Carryforward in~~ Mortgage Loans purchased or substituted by the ~~distribution~~Depositor or the Master Servicer with respect to the related Collection Period pursuant to Section 3.01; (xi) the amount of ~~the remaining Basis Risk Carryforward after giving effect to the related distribution~~any Substitution Adjustment Amounts for such Payment Date and each Mortgage Loan Group; (xii) the ~~Accelerated Principal Payment Amount and the portion of it that will~~ amount to be distributed to the Transferor in respect of the Ownership Interest for the related Payment Date pursuant to Section ~~8.03(a)(vi) of the Indenture~~5.01(a)(xiv); (xiii) the ~~Scheduled~~ Note Principal ~~Collections~~ Amount for each Class of Notes and the Component Principal Amount of each Class M Component and the Pool Factor for each Class of Notes and each Class M Component after giving effect to the payment to be made on the Payment ~~Amount, separately stating its components~~Date; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv) any accrued Servicing Fees for the Mortgage Loans for previous Collection Periods and the Servicing Fee for the related Collection ~~Period~~Period and each Mortgage Loan Group and any accrued amounts thereof that remain unpaid for previous Collection Periods; (xv) the Realized Losses for such Collection Period and each Mortgage Loan Group; (xvi) the ~~Investor Loss~~ Group 1 Overcollateralization Amount, the Group 1 Interim Overcollateralization Amount, the Group 1 Interim Overcollateralization Deficiency, the Group 1 Overcollateralization Release Amount, the Group 1 Targeted Overcollateralization Amount and the Group 1 Monthly Excess Cashflow for such Payment Date; (xvii) the Group 2 Overcollateralization Amount, the Group 2 Interim Overcollateralization Amount, the Group 2 Interim Overcollateralization Deficiency, the Group 2 Overcollateralization Release Amount, the Group 2 Targeted Overcollateralization Amount and the Group 2 Monthly Excess Cashflow for such Payment Date; (xviii) the number of Mortgage Loans in each Mortgage Loan Group outstanding at the beginning and at the end of the related Collection Period; (~~xvii~~xix) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii) the aggregate Asset Pool Balance of ~~the~~ each Mortgage ~~Loans~~ Loan Group as of the end of the ~~preceding Collection Period and as of the end of the second preceding~~ related Collection Period~~; (xix) [Deleted]~~; (xx) the Note Principal Balance and loan factor after giving effect to the distribution on the related Payment Date and to any reduction because of the Investor Loss Amount; (xxi) the Transferor Principal Balance and the Available Transferor Subordinated Amount after giving effect to the distribution on the Payment Date; (xxii) the aggregate amount of Additional Balances created on the Mortgage Loans during the previous Collection Period; (xxiii) the number and aggregate ~~Asset Balances~~ Principal Balance of Mortgage Loans in each Mortgage Loan Group (x) as to which the ~~Minimum Monthly Payment~~ scheduled monthly payment is contractually delinquent for ~~30-59 days~~one payment, ~~60-89 days,~~ two payments and 90 three or more ~~days~~payments, respectively and (y) that have become REO, in each case as of the end of ~~the preceding~~ such Collection Period; (xxiv) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvixxi) the ~~amount to be distributed to~~ Group 1 Cumulative Realized Losses or the ~~Credit Enhancer pursuant to Section 8.03(a)(v~~Group 2 Cumulative Realized Losses, as applicable; (xxii) ~~and Section 8.03(a)(vii~~the book value (within the meaning of 12 C.F.R. § 571.13 or comparable provision) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) any real estate acquired through foreclosure or grant of ~~the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii)~~ a deed in lieu of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average Net Loan Rate for the Mortgage Loans; (xxxii) the expected amount of any optional advances pursuant to Section 4.03 by the Master Servicer included foreclosure in the distribution on the related Payment Date and the aggregate expected amount of optional advances pursuant to Section 4.03 by the Master Servicer outstanding as of the close of business on the related Payment Date; (xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv) the number and principal balances of any Mortgage Loans transferred to the Transferor pursuant to Section 2.06; (xxxv) the aggregate of all Liquidation Loss Amounts on the Mortgage Loans since the Cut-off Date and whether a Cumulative Loss Test Violation has occurred since the prior Determination Date; (xxxvi) the Rolling Six Month Delinquency Rate, the Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and (xxxvii) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for which the each Mortgage Loan File was not delivered to the Indenture Trustee within 30 days of the Closing Date. The Indenture Trustee and the Owner Trustee shall conclusively rely upon the information contained in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this information and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture Trustee and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.Group;

Appears in 1 contract

Samples: Sale and Servicing Agreement (Household Mortgage Loan Trust 2003-Hc2)

Servicing Certificate. Not later than each Determination Date, the Master Servicer shall deliver (a) to the Indenture Trustee, the data necessary to prepare ~~the items below and~~ the statement for Noteholders required to be prepared pursuant to Section 4.04 and (b) to the Indenture Trustee, the Owner Trustee, the Sponsor, the Depositor, the Paying Agent, the Credit Enhancer, and each Rating Agency a Servicing Certificate (in written form or the form of computer readable media or such other form as may be agreed to by the Indenture Trustee and the Master Servicer), together with an Officer's Certificate to the effect that the Servicing Certificate is correct in all material respects, stating the related Collection Period, Payment Date, the series number of the Notes, the date of this Agreement, and: (i1) the aggregate amount of collections received on the Mortgage Loans in each Loan Group by the Determination Date for the related Collection Period; (ii2) the aggregate amount of (a) Interest Collections for each Loan Group for the related Collection Period and (b) Principal Collections for each Loan Group for the related Collection Period; (iii) the Investor Floating Allocation Percentage and the Investor Fixed Allocation Percentage for the related Collection Period; (iv) the Investor Interest Collections and Investor Principal Collections for the related Collection Period; (v) the Interest Collections that are not Investor Interest Collections and Transferor Principal Collections for the related Collection Period; (vi) the Note Interest and the applicable Note Rate for the Notes for the related Interest Period; (vii) the amount of the Note Interest that is not payable to the Noteholders because of insufficient Investor Interest Collections; (viii) the Unpaid Investor Interest Shortfall and the amount of interest on the shortfall at the applicable Note Rate applicable from time to time (separately stated) to be distributed on the related Payment Date; (ix) the remaining Unpaid Investor Interest Shortfall after the distribution on the related Payment Date; (x) the amount of any Basis Risk Carryforward in the distribution; (xi) the amount of the remaining Basis Risk Carryforward after giving effect to the related distribution; (xii) the Accelerated Principal Payment Amount and the portion of it that will be distributed pursuant to Section 8.03(a)(vi) of the Indenture; (xiii) the Scheduled Principal Collections Payment Amount, separately stating its components; (xiv) the amount of any Transfer Deposit Amount paid by the Sponsor or the Depositor pursuant to Section 2.02 or 2.04; (xv3) any accrued Servicing Fees for the Mortgage Loans in each Loan Group for previous Collection Periods and the Servicing Fee for the related Collection Period; (~~xvi~~4) the ~~Investor~~ Liquidation Loss Amount for each Loan Group for the related Collection Period; (xvii) the aggregate amount of Investor Loss Reduction Amounts for previous Payment Dates that have not been previously reimbursed to the Holders of the Notes pursuant to Section 8.03(a)(iv) of the Indenture; (xviii5) the aggregate Asset Balance of the Mortgage Loans in each Loan Group as of the end of the preceding Collection Period and as of the end of the second preceding Collection Period; (~~xix~~6) ~~[Deleted]~~the Credit Enhancement Draw Amount for each Class of Notes for the related Payment Date; (xx7) the ~~Note Principal Balance and loan factor after giving effect~~ amount to be distributed to the ~~distribution on the related Payment Date~~ Credit Enhancer pursuant to Section 8.03(a)(v), Section 8.03(a)(ix), and ~~to any reduction because~~ Section 8.03(a)(xi) of the ~~Investor Loss Amount~~Indenture, stated separately; (~~xxi)~~ 8) the ~~Transferor~~ Guaranteed Principal ~~Balance and the Available Transferor Subordinated~~ Payment Amount ~~after giving effect to the distribution on~~ for each Class of Notes for the Payment Date; (~~xxii~~9) amount of any payment under the Loan Insurance Policy, amount of claims denied thereunder, and the remaining amount available under the Loan Insurance Policy; (10) the amount of payments received on the Sponsor Loss Coverage Obligation with respect to each Loan Group, the amount of such payments expected to be received for the next Payment Date with respect to each Loan Group and the amount of its remaining coverage; (11) the aggregate amount of Additional Balances created on the Mortgage Loans in each Loan Group during the previous Collection Period; (~~xxiii~~12) for each Loan Group, the number and aggregate Asset Balances of Mortgage Loans (x) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, and 90 or more days, respectively and (y) that have become REO, in each case as of the end of the preceding Collection Period; (~~xxiv~~13) whether a Rapid Amortization Event has occurred since the prior Determination Date, specifying the Rapid Amortization Event if one has occurred; (xxv) whether an Event of Servicing Termination has occurred since the prior Determination Date, specifying the Event of Servicing Termination if one has occurred; (xxvi) the amount to be distributed to the Credit Enhancer pursuant to Section 8.03(a)(v) and Section 8.03(a)(vii) of the Indenture, stated separately; (xxvii) the Guaranteed Principal Payment Amount for the Payment Date; (xxviii) the Credit Enhancement Draw Amount for the related Payment Date; (xxix) the amount to be distributed to the Transferor pursuant to Section 8.03(a)(x) of the Indenture; (xxx) the amount to be paid to the Master Servicer pursuant to Section 8.03(a)(viii) of the Indenture; (xxxi) the Maximum Rate for the related Collection Period and the Weighted Average ~~Net~~ Gross Loan Rate for the Mortgage ~~Loans~~Loans in each Loan Group; (~~xxxii~~14) the ~~expected~~ amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group remaining unpaid at the end of the Collection Period preceding the related Collection Period; (15) the amount of any optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group made during the related Collection Period and included in the ~~distribution~~ payment on the ~~related~~ Payment ~~Date and~~ Date; (16) the aggregate ~~expected~~ amount of optional advances pursuant to Section 4.03 by the Master Servicer on the Mortgage Loans in each Loan Group that will remain outstanding as of the close of business on the ~~related~~ Payment Date; (~~xxxiii) the related Available Subordinated Transferor Amount after giving effect to the distribution to be made on the related Payment Date; (xxxiv~~17) the number and principal balances of any Mortgage Loans transferred from each Loan Group to the Transferor pursuant to Section 2.06; (~~xxxv~~18) with respect to the Collection Account during the Collection Period related to the Payment Date: (A) its balance at the beginning of the Collection Period; (B) deposits of the aggregate Transfer Deposit amount for retransferred Mortgage Loans pursuant to Section 2.06; (C) deposits of ~~all Liquidation Loss Amounts~~ the aggregate Purchase Price for delinquent Mortgage Loans purchased by the Sponsor pursuant to Section 3.06; (D) deposits of the aggregate Purchase Price made by the Sponsor in connection with modification of Mortgage Loans pursuant to Section 3.01; (E) deposits by the Master Servicer to account for losses accrued on Eligible Investments; (F) income accrued on Eligible Investments; (G) deposits of the termination purchase price in connection with termination pursuant to Section 8.01; (H) other deposits; (I) withdrawals of investment income on Eligible Investments; (J) withdrawals for the purchase of Additional Balances; (K) transfers to the Payment Account; (L) other withdrawals; and (M) its balance at the end of the Collection Period; (19) with respect to the first and second Payment Dates, deposits by the Master Servicer with respect to each class of Notes to account for shortfalls in interest collections resulting from the failure of the Mortgage Loans to be fully indexed pursuant to Section 3.03; (20) with respect to the first Payment Date, deposits by the Master Servicer with respect to each class of Notes to account for shortfalls in interest collections resulting from the prefunding mechanism and the longer first Interest Period, pursuant to Section 3.03; (21) with respect to the first Payment Date, the amount of collections on the Mortgage Loans ~~since~~ in each Loan Group for the period between the initial Cut-off Date and ~~whether a Cumulative Loss Test Violation has occurred since~~ the ~~prior Determination~~ Closing Date, specifying the interest and principal portions thereof; (~~xxxvi~~22) Liquidation Expenses and indemnification payments paid to the Master Servicer for the related Collection Period with respect to each Loan Group; (23) Liquidation Expenses and indemnification payments payable to the Master Servicer on the Payment Date from Available Interest Collections pursuant to Section 8.03(a) (x) of the Indenture; (24) the ~~Rolling Six Month Delinquency Rate,~~ weighted average remaining term of the ~~Spread Rate, the Excess Spread Percentage, and the Rolling Three Month Excess Spread Percentage for the Payment Date; and~~Mortgage Loans in each Loan Group; (~~xxxvii~~25) in the Servicing Certificates for the first and second Payment Dates, the number and Cut-off Date Asset Balance of Mortgage Loans for each Loan Group for which the Mortgage Loan File was not delivered to the Custodian acting on behalf Indenture Trustee within 30 days of the Closing Date; (26) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group as to which the Minimum Monthly Payment is delinquent for 180 or more days; (27) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group that are in foreclosure; (28) the number and aggregate Asset Balances of Mortgage Loans in each Loan Group for which the Master Servicer has received a written notice of the filing of bankruptcy or insolvency proceedings with respect to the mortgagor; (29) the sum of the Asset Balances for the three largest outstanding Mortgage Loans in each Loan Group; and (30) for each Loan Group, the Required Transferor Subordinated Amount, the Spread Rate, the Excess Spread Percentage, the Delinquency Rate and the Loss Percentage. The Indenture Trustee and the Owner Trustee shall conclusively rely ~~upon~~ on the information ~~contained~~ in a Servicing Certificate for purposes of making distributions pursuant to Section 8.03 of the Indenture or distributions on the Transferor Certificates, shall have no duty to inquire into this ~~information~~ information, and shall have no liability in so relying. The format and content of the Servicing Certificate may be modified by the mutual agreement of the Master Servicer, the Indenture ~~Trustee~~ Trustee, and the Credit Enhancer. The Master Servicer shall give notice of any changes to the Rating Agencies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-H)

Common use of Servicing Certificate Clause in Contracts