Statements to Purchaser. Not later than on the tenth (10th) day of the month in which the Remittance Date occurs, the Seller shall furnish to the Purchaser a monthly remittance advice in hard copy or electronic format acceptable to the Purchaser, in the form set forth as Exhibit 8 hereto (the "Monthly Remittance Advice"), as to the accompanying remittance and the period ending on the tenth (10th) day of the month in which the Remittance Date occurs and a copy of the bank statement for the Custodial Account for the immediately preceding month. In addition, the Seller shall furnish to Purchaser an individual loan accounting report in hard copy or electronic format, as of the last Business Day of each month, in the Purchaser's assigned loan number order to document Mortgage Loan payment activity on an individual Mortgage Loan basis. With respect to each month, the corresponding individual loan accounting report shall be received by the Purchaser no later than the fifth Business Day of the following month, which report shall contain the following: (i) with respect to each Monthly Payment, the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, along with a detailed report of interest on principal prepayment amounts remitted in accordance with Section 3.01); (ii) with respect to each Monthly Payment, the amount of such remittance allocable to interest and assumption fees; (iii) the amount of servicing compensation received by the Seller during the prior distribution period; (iv) the aggregate Stated Principal Balance of the Mortgage Loans; (v) the aggregate of any expenses reimbursed to the Servicer during the prior distribution period pursuant to Section 2.05 or 2.07; and (vi) the number and aggregate outstanding principal balances of Mortgage Loans (a) delinquent (1) 30 to 59 days, (2) 60 to 89 days, (3) 90 days or more; (b) as to which foreclosure has commenced; and (c) as to which REO Property has been acquired. The Seller shall also provide a trial balance, sorted in Purchaser's assigned loan number order, in the form of Exhibit 1 hereto, with each such report. In addition, not more than 60 days after the end of each calendar year, commencing in 2007, the Seller shall furnish to each Person who was a Purchaser of the Mortgage Loans at any time during such calendar year an annual statement in accordance with the requirements of applicable federal income tax law as to the aggregate of remittances for the applicable portion of such year. Such obligation of the Seller shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Seller pursuant to any requirements of the Internal Revenue Code as from time to time are in force. The Seller shall prepare and file any and all tax returns, information statements or other filings for the previous tax year and subsequent tax years required to be delivered to any governmental taxing authority or to the Purchaser pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Seller shall provide the Purchaser with such information concerning the Mortgage Loans as is necessary for the Purchaser to prepare its federal income tax return as the Purchaser may reasonably request from time to time and which may be reasonably available to the Seller.
Appears in 4 contracts
Samples: Master Servicing and Trust Agreement (BCAP LLC Trust 2006-Aa2), Pooling and Servicing Agreement (BCAP LLC Trust 2008-Ind2), Pooling and Servicing Agreement (BCAP LLC Trust 2008-Ind1)
Statements to Purchaser. Not later than on the tenth (10th) twentieth day of the month in which the Remittance Date occurseach month, the Seller Servicer shall furnish by modem and/or diskette to the Purchaser or its designee a listing of the outstanding Mortgage Loans, including with respect to each Mortgage Loan: the Mortgage Loan number, the actual balance, the actual paid-through dates and the Mortgage Interest Rate and principal and interest payment, and with respect to Adjustable Rate Mortgage Loans, the next Interest Rate Adjustment Date, the Mortgage Interest Rate and the principal and interest payment effective as of the next Interest Rate Adjustment Date (if available), and shall furnish to the Purchaser manually a monthly remittance advice in hard copy or electronic format acceptable to the PurchaserMonthly Remittance Advice, with a trial balance report attached thereto, in the form set forth as of Exhibit 8 1 annexed hereto (the "Monthly Remittance Advice"), as to the accompanying preceding remittance and the period ending on the tenth (10th) day of the month in which the Remittance Date occurs and a copy of the bank statement for the Custodial Account for the immediately preceding month. In addition, the Seller shall furnish to Purchaser an individual loan accounting report in hard copy or electronic format, as of the last Business Day of each month, in the Purchaser's assigned loan number order to document Mortgage Loan payment activity on an individual Mortgage Loan basis. With respect to each month, the corresponding individual loan accounting report shall be received by the Purchaser no later than the fifth Business Day of the following month, which report shall contain the following:
(i) with respect to each Monthly Payment, the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, along with a detailed report of interest on principal prepayment amounts remitted in accordance with Section 3.01);
(ii) with respect to each Monthly Payment, the amount of such remittance allocable to interest and assumption fees;
(iii) the amount of servicing compensation received by the Seller during the prior distribution period;
(iv) the aggregate Stated Principal Balance of the Mortgage Loans;
(v) the aggregate of any expenses reimbursed to the Servicer during the prior distribution period pursuant to Section 2.05 or 2.07; and
(vi) the number and aggregate outstanding principal balances of Mortgage Loans (a) delinquent (1) 30 to 59 days, (2) 60 to 89 days, (3) 90 days or more; (b) as to which foreclosure has commenced; and (c) as to which REO Property has been acquired. The Seller shall also provide a trial balance, sorted in Purchaser's assigned loan number order, in the form of Exhibit 1 hereto, with each such reportDetermination Date. In addition, not more than 60 sixty (60) days after the end of each calendar year, commencing in 2007, the Seller Servicer shall furnish to each Person who was a Purchaser of the Mortgage Loans at any time during such calendar year an annual statement in accordance with the requirements of applicable federal income tax law as to the aggregate of remittances for the applicable portion of such year. Such obligation of the Seller Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Seller Servicer pursuant to any requirements of the Internal Revenue Code as from time to time are in force. The Seller Servicer shall prepare and file file, with respect to each Mortgage Loan, any and all tax returns, information statements or other filings for the previous tax year and subsequent tax years required to be delivered to any governmental taxing authority or to the Purchaser pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Seller Servicer shall provide the Purchaser with such information concerning the Mortgage Loans as is necessary for the Purchaser to prepare its federal income tax return as the Purchaser may reasonably request from time to time and which may be reasonably available to the Sellertime.
Appears in 3 contracts
Samples: Servicing Agreement (Flagstar Capital Corp), Servicing Agreement (D&n Capital Corp), Servicing Agreement (Franklin Finance Corp)
Statements to Purchaser. (a) Not later than on the tenth (10th) calendar day of the month in which the Remittance Date occurseach month, the Seller shall furnish to the Purchaser a monthly remittance advice in hard copy or electronic format acceptable to the PurchaserMonthly Remittance Advice, with a trial balance report attached thereto, in the form set forth as of Exhibit 8 1-1 annexed hereto (and a Standard Layout for Defaulted Loan Report in the "Monthly Remittance Advice"), form of Exhibit 1-2 annexed hereto in hard copy and electronic medium mutually acceptable to the parties as to the accompanying preceding remittance and the period ending on the tenth (10th) last day of the month in which the Remittance Date occurs and a copy of the bank statement for the Custodial Account for the immediately preceding month. In addition, the Seller shall furnish to Purchaser an individual loan accounting report in hard copy or electronic format, as of the last Business Day of each month, in the Purchaser's assigned loan number order to document Mortgage Loan payment activity on an individual Mortgage Loan basis. With respect to each month, the corresponding individual loan accounting report shall be received by the Purchaser no later than the fifth Business Day of the following month, which report shall contain the following:
(i) with respect to each Monthly Payment, the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, along with a detailed report of interest on principal prepayment amounts remitted in accordance with Section 3.01);
(ii) with respect to each Monthly Payment, the amount of such remittance allocable to interest and assumption fees;
(iii) the amount of servicing compensation received by the Seller during the prior distribution period;
(iv) the aggregate Stated Principal Balance of the Mortgage Loans;
(v) the aggregate of any expenses reimbursed to the Servicer during the prior distribution period pursuant to Section 2.05 or 2.07; and
(vi) the number and aggregate outstanding principal balances of Mortgage Loans (a) delinquent (1) 30 to 59 days, (2) 60 to 89 days, (3) 90 days or more; (b) as to which foreclosure has commenced; and (c) as to which REO Property has been acquired. The Seller shall also provide a trial balance, sorted in Purchaser's assigned loan number order, in the form of Exhibit 1 hereto, with each such report. In addition, not more than 60 days after the end of each calendar year, commencing in 2007, the Seller shall furnish to each Person who was a Purchaser of the Mortgage Loans at any time during such calendar year an annual statement in accordance with the requirements of applicable federal income tax law as to the aggregate of remittances for the applicable portion of such year. Such obligation of the Seller shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Seller pursuant to any requirements of the Internal Revenue Code as from time to time are in force. The Seller shall prepare and file any and all tax returns, information statements or other filings for the previous tax year and subsequent tax years required to be delivered to any governmental taxing authority or to the Purchaser pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Seller shall provide the Purchaser with such information concerning the Mortgage Loans as is necessary for the Purchaser to prepare its federal income tax return as the Purchaser may reasonably request from time to time time.
(b) In connection with any Securitization Transaction the Seller shall (1) within five Business Days following request by the Purchaser or any Depositor, provide to the Purchaser and such Depositor (or, as applicable, cause each Subservicer to provide), in writing and in form and substance reasonably satisfactory to the Purchaser and such Depositor, the information and materials specified in paragraphs (i), (ii) and (v) of this Section 3.02(b), and (2) as promptly as practicable following notice to or discovery by the Seller, provide to the Purchaser and any Depositor (in writing and in form and substance reasonably satisfactory to the Purchaser and such Depositor) the information specified in paragraph (iii) of this Section 3.02(b).
(i) If so requested by the Purchaser or any Depositor, the Seller shall provide such information regarding the Seller and each Subservicer, as applicable, as is requested for the purpose of compliance with Items 1103(a)(1), 1117 and 1119 of Regulation AB. Such information shall include, at a minimum:
(A) a description of any material (as determined in accordance with the provisions of Regulation AB) legal or governmental proceedings pending (or known to be contemplated) against the Seller and each Subservicer; and
(B) a description of any affiliation or relationship between the Seller, each Subservicer and any of the following parties to a Securitization Transaction, as such parties are identified to the Seller by the Purchaser or any Depositor in writing in advance of such Securitization Transaction:
1) the sponsor;
2) the depositor;
3) the issuing entity;
4) any servicer;
5) any trustee;
6) any originator;
7) any significant obligor;
8) any enhancement or support provider; and
9) any other material transaction party.
(ii) If so requested by the Purchaser or any Depositor, the Seller shall provide such information regarding the Seller, as servicer of the Mortgage Loans, and each Subservicer (each of the Seller and each Subservicer, for purposes of this paragraph, a “Servicer”), as is requested for the purpose of compliance with Item 1108 of Regulation AB. Such information shall include, at a minimum:
(A) the Servicer’s form of organization;
(B) a description of how long the Servicer has been servicing residential mortgage loans; a general discussion of the Servicer’s experience in servicing assets of any type as well as a more detailed discussion of the Servicer’s experience in, and procedures for, the servicing function it will perform under this Agreement and any Reconstitution Agreements; information regarding the size, composition and growth of the Servicer’s portfolio of residential mortgage loans of a type similar to the Mortgage Loans and information on factors related to the Servicer that may be material, in the good faith judgment of the Purchaser or any Depositor, to any analysis of the servicing of the Mortgage Loans or the related asset-backed securities, as applicable, including, without limitation:
1) whether any prior securitizations of mortgage loans of a type similar to the Mortgage Loans involving the Servicer have defaulted or experienced an early amortization or other performance triggering event because of servicing during the three-year period immediately preceding the related Securitization Transaction;
2) the extent of outsourcing the Servicer utilizes;
3) whether there has been previous disclosure of material noncompliance with the applicable servicing criteria with respect to other securitizations of residential mortgage loans involving the Servicer as a servicer during the three-year period immediately preceding the related Securitization Transaction;
4) whether the Servicer has been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; and
5) such other information as the Purchaser or any Depositor may reasonably request for the purpose of compliance with Item 1108(b)(2) of Regulation AB;
(C) a description of any material changes during the three-year period immediately preceding the related Securitization Transaction to the Servicer’s policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreements for mortgage loans of a type similar to the Mortgage Loans;
(D) information regarding the Servicer’s financial condition, to the extent that there is a material risk that an adverse financial event or circumstance involving the Servicer could have a material adverse effect on the performance by the Seller of its servicing obligations under this Agreement or any Reconstitution Agreement;
(E) information regarding advances made by the Servicer on the Mortgage Loans and the Servicer’s overall servicing portfolio of residential mortgage loans for the three-year period immediately preceding the related Securitization Transaction, which may be reasonably available limited to a statement by an authorized officer of the Servicer to the effect that the Servicer has made all advances required to be made on residential mortgage loans serviced by it during such period, or, if such statement would not be accurate, information regarding the percentage and type of advances not made as required, and the reasons for such failure to advance;
(F) a description of the Servicer’s processes and procedures designed to address any special or unique factors involved in servicing loans of a similar type as the Mortgage Loans;
(G) a description of the Servicer’s processes for handling delinquencies, losses, bankruptcies and recoveries, such as through liquidation of mortgaged properties, sale of defaulted mortgage loans or workouts; and
(H) information as to how the Servicer defines or determines delinquencies and charge-offs, including the effect of any grace period, re-aging, restructuring, partial payments considered current or other practices with respect to delinquency and loss experience.
(iii) If so requested by the Purchaser or any Depositor for the purpose of satisfying its reporting obligation under the Exchange Act with respect to any class of asset-backed securities, the Seller shall (or shall cause each Subservicer to) (a) notify the Purchaser and any Depositor in writing of (1) any material (as determined in accordance with the provisions of Regulation AB) litigation or governmental proceedings pending against the Seller or any Subservicer and (2) any affiliations or relationships that develop following the closing date of a Securitization Transaction between the Seller or any Subservicer and any of the parties specified in clause (B) of paragraph (i) of this Section 3.02(b) (and any other parties identified in writing by the requesting party) with respect to such Securitization Transaction, and (b) provide to the Purchaser and any Depositor a description of such proceedings, affiliations or relationships.
(iv) As a condition to the succession to the Seller or any Subservicer as servicer or subservicer under this Agreement or any Reconstitution Agreement by any Person (i) into which the Seller or such Subservicer may be merged or consolidated, or (ii) which may be appointed as a successor to the Seller or any Subservicer, the Seller shall provide to the Purchaser and any Depositor, at least 15 calendar days prior to the effective date of such succession or appointment, (x) written notice to the Purchaser and any Depositor of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Purchaser and such Depositor, all information reasonably requested by the Purchaser or any Depositor in order to comply with its reporting obligation under Item 6.02 of Form 8-K with respect to any class of asset-backed securities.
(v) In addition to such information as the Seller, as servicer, is obligated to provide pursuant to other provisions of this Agreement, if so requested by the Purchaser or any Depositor, the Seller shall provide such information regarding the performance or servicing of the Mortgage Loans as is reasonably required to facilitate preparation of distribution reports in accordance with Item 1121 of Regulation AB. Such information shall be provided concurrently with the monthly reports otherwise required to be delivered by the servicer under this Agreement, commencing with the first such report due not less than ten Business Days following such request.
Appears in 3 contracts
Samples: Flow Interim Servicing Agreement (Lehman XS Trust Series 2007-12n), Flow Interim Servicing Agreement (Greenpoint Mortgage Funding Trust 2007-Ar2), Flow Interim Servicing Agreement (Lehman XS Trust Series 2007-15n)
Statements to Purchaser. Not later than on the tenth (10th) day of the month in which the Remittance Date occurseach Reporting Date, the Seller Interim Servicer shall furnish to the Purchaser a monthly remittance advice Monthly Remittance Advice, in hard copy or and electronic format acceptable to the Purchaser, in the form set forth as Exhibit 8 hereto (the "Monthly Remittance Advice")hereto, as to the accompanying remittance and the period ending on the tenth (10th) day of the month in which the Remittance preceding Determination Date occurs and a copy of the bank statement for the Custodial Account for the immediately preceding month. In addition, the Seller Interim Servicer shall furnish to Purchaser an individual loan accounting report in hard copy or and electronic format, as of the last Business Day of each month, in the Purchaser's assigned loan number order to document Mortgage Loan payment activity on an individual Mortgage Loan basis. With respect to each month, the corresponding individual loan accounting report shall be received by the Purchaser no later than the fifth tenth Business Day of the following month, provided, if such day is not a Business Day, than the next succeeding Business Day, which report shall contain the following:
(i) with respect to each Monthly Payment, the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, and any prepayment penalties or premiums, along with a detailed report of interest on principal prepayment amounts remitted in accordance with Section 3.01);
(ii) with respect to each Monthly Payment, the amount of such remittance allocable to interest and assumption fees;
(iii) the amount of servicing compensation received by the Seller Interim Servicer during the prior distribution period;
(iv) the aggregate Stated Principal Balance of the Mortgage Loans;
(v) the aggregate of any expenses reimbursed to the Interim Servicer during the prior distribution period pursuant to Section 2.05 or 2.07; and
(vi) the number and aggregate outstanding principal balances of Mortgage Loans (a) delinquent (1) 30 to 59 days, (2) 60 to 89 days, (3) 90 days or more; (b) as to which foreclosure has commenced; and (c) as to which REO Property has been acquired. The Seller Interim Servicer shall also provide a trial balance, sorted in Purchaser's assigned loan number order, in the form of Exhibit 1 hereto, with each such report. In addition, not more than 60 days after the end of each calendar year, commencing in 2007with the first December 31 following the initial Cut-off Date, the Seller Interim Servicer shall furnish to each Person who was a Purchaser of the Mortgage Loans at any time during such calendar year an annual statement in accordance with the requirements of applicable federal income tax law as to the aggregate of remittances for the applicable portion of such year. Such obligation of the Seller Interim Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Seller Interim Servicer pursuant to any requirements of the Internal Revenue Code as from time to time are in force. The Seller Interim Servicer shall prepare and file any and all tax returns, information statements or other filings for the previous tax year and subsequent tax years required to be delivered to any governmental taxing authority or to the Purchaser pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Seller Interim Servicer shall provide the Purchaser with such information concerning the Mortgage Loans as is necessary for the Purchaser to prepare its federal income tax return as the Purchaser may reasonably request from time to time and which may be reasonably available to the SellerInterim Servicer.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Home Equity Loan Trust 2007-1), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He3)
Statements to Purchaser. Not later than on the tenth (10th) day of the month in which the Remittance Date occursOn or before each Determination Date, the Seller Interim Servicer shall furnish to the Purchaser a monthly remittance advice Monthly Remittance Advice, in hard copy or and electronic format acceptable to the Purchaser, in the form set forth as Exhibit 8 hereto (the "Monthly Remittance Advice")hereto, as to the accompanying remittance and the period ending on the tenth (10th) day of the month in which the Remittance such Determination Date occurs and a copy of the bank statement for the Custodial Account for the immediately preceding month. In addition, the Seller Interim Servicer shall furnish to Purchaser an individual loan accounting report in hard copy or and electronic format, as of the last Business Day of each month, in the Purchaser's assigned loan number order to document Mortgage Loan payment activity on an individual Mortgage Loan basis. With respect to each month, the corresponding individual loan accounting report shall be received by the Purchaser no later than the fifth Business Day of the following month, which report shall contain the following:
(i) with respect to each Monthly Payment, the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, and any prepayment penalties or premiums, along with a detailed report of interest on principal prepayment amounts remitted in accordance with Section 3.01);
(ii) with respect to each Monthly Payment, the amount of such remittance allocable to interest and assumption fees;
(iii) the amount of servicing compensation received by the Seller Interim Servicer during the prior distribution period;
(iv) the aggregate Stated Principal Balance of the Mortgage Loans;
(v) the aggregate of any expenses reimbursed to the Servicer during the prior distribution period pursuant to Section 2.05 or 2.07; and
(vi) the number and aggregate outstanding principal balances of Mortgage Loans (a) delinquent (1) 30 to 59 days, (2) 60 to 89 days, (3) 90 days or more; (b) as to which foreclosure has commenced; and (c) as to which REO Property has been acquired. The Seller Interim Servicer shall also provide a trial balance, sorted in Purchaser's assigned loan number order, in the form of Exhibit 1 hereto, with each such report. In addition, not more than 60 days after the end of each calendar year, commencing in 2007with the first December 31 following the initial Cut-off Date, the Seller Interim Servicer shall furnish to each Person who was a Purchaser of the Mortgage Loans at any time during such calendar year an annual statement in accordance with the requirements of applicable federal income tax law as to the aggregate of remittances for the applicable portion of such year. Such obligation of the Seller Interim Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Seller Interim Servicer pursuant to any requirements of the Internal Revenue Code as from time to time are in force. The Seller Interim Servicer shall prepare and file any and all tax returns, information statements or other filings for the previous tax year and subsequent tax years required to be delivered to any governmental taxing authority or to the Purchaser pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Seller Interim Servicer shall provide the Purchaser with such information concerning the Mortgage Loans as is necessary for the Purchaser to prepare its federal income tax return as the Purchaser may reasonably request from time to time and which may be reasonably available to the SellerInterim Servicer.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Sabr Trust 2005-Fr3), Pooling and Servicing Agreement (Sabr Trust 2005-Fr2)
Statements to Purchaser. Not later than on the tenth (10th) day of the month in which the Remittance Date occurs, the Seller The Servicer shall furnish to the Purchaser an individual XXX accounting report (a monthly remittance advice in hard copy or electronic format acceptable to the Purchaser, in the form set forth as Exhibit 8 hereto (the "Monthly Remittance AdviceReport"), as to the accompanying remittance and the period ending on the tenth (10th) day of the month in which the Remittance Date occurs and a copy of the bank statement for the Custodial Account for the immediately preceding month. In addition, the Seller shall furnish to Purchaser an individual loan accounting report in hard copy or electronic format, as of the last Business Day of each month, in the PurchaserServicer's assigned loan number order to document Mortgage Loan XXX payment activity on an individual Mortgage Loan XXX basis. With respect to each month, the corresponding individual loan accounting report such Report shall be received by the Purchaser no later than the fifth Business Day of the following monthmonth of the related Distribution Date on a disk or tape or other computer-readable format, in such format as may be mutually agreed upon by both the Purchaser and the Servicer, and in hard copy, which report Report shall contain the following:
(i1) with respect to each Monthly PaymentPayment (on both an actual and scheduled basis with respect to XXX balances and on an actual basis with respect to paid-through dates), the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, and any prepayment penalties or premiums, along with a detailed report of interest (including any Prepayment Interest Shortfall) on principal prepayment Principal Prepayment amounts remitted in accordance with Section 3.016.1);
(ii2) with respect to each Monthly Payment, the amount of such remittance allocable to interest principal, Stated Interest and assumption feesAdditional Interest;
(iii3) the amount of servicing compensation received by the Seller Servicer during the prior distribution period;
(iv4) the aggregate Stated Principal Balance of the Mortgage LoansXXXx;
(v5) the amount of Monthly Advances made by the Servicer pursuant to Section 6.3;
(6) the aggregate of any expenses reimbursed to the Servicer during the prior distribution period pursuant to Section 2.05 or 2.07; and5.5;
(vi7) the number and aggregate outstanding principal balances of Mortgage Loans XXXX (a) delinquent (1) 30 to 59 days, (2) 60 to 89 days, (3) 90 days or more; (b) as to which foreclosure has commenced; and (c) as to which REO Property has been acquired; and
(8) such other reports as may reasonably be required by the Purchaser. The Seller Servicer shall also provide a trial balance, sorted in the Purchaser's assigned loan number order, in such form as the form of Exhibit 1 heretoServicer and the Purchaser shall agree, with each such report. In addition, not more than 60 days after the end of each calendar year, commencing in 2007, the Seller shall furnish to each Person who was a Purchaser of the Mortgage Loans at any time during such calendar year an annual statement in accordance with the requirements of applicable federal income tax law as to the aggregate of remittances for the applicable portion of such year. Such obligation of the Seller shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Seller pursuant to any requirements of the Internal Revenue Code as from time to time are in forceReport. The Seller Servicer shall prepare and file any and all tax returns, information statements or other filings for the previous tax year and subsequent tax years required to be delivered to any governmental taxing authority or to the Purchaser pursuant to any applicable law with respect to the Mortgage Loans XXXx and the transactions contemplated hereby. In addition, the Seller Servicer shall provide the Purchaser with such information concerning the Mortgage Loans XXXx as is necessary for the Purchaser to prepare its federal income tax return as the Purchaser may reasonably request from time to time and which may be reasonably available time. In addition, not more than 60 days after the end of each calendar year, the Servicer shall furnish to the SellerPurchaser an annual statement in accordance with the requirements of applicable federal income tax law as to the aggregate of remittances of principal and interest, including Additional Interest, for the applicable portion of such year.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Samco Mortgage Securities Corp)
Statements to Purchaser. Not later than on the tenth (10th) day of the month in which Prior to the Remittance Date occursDate, the Seller Company shall furnish to the Purchaser a monthly remittance advice in hard copy or electronic format acceptable to the PurchaserMonthly Remittance Advice, with a trial balance report attached thereof, in the form set forth as of Exhibit 8 F annexed hereto (the "Monthly Remittance Advice"), as to the accompanying related remittance and the period ending on the tenth (10th) day preceding Determina- tion Date. The Company shall use its reasonable best efforts to deliver each Monthly Remittance Advice to the Purchaser on or about the seventh Business Day of the month in which the related Remittance Date occurs and a copy of the bank statement for the Custodial Account for the immediately preceding month. In addition, the Seller shall furnish to Purchaser an individual loan accounting report in hard copy or electronic format, as of the last Business Day of each month, in the Purchaser's assigned loan number order to document Mortgage Loan payment activity on an individual Mortgage Loan basis. With respect to each month, the corresponding individual loan accounting report shall be received by the Purchaser no later than the fifth Business Day of the following month, which report shall contain the following:
(i) with respect to each Monthly Payment, the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, along with a detailed report of interest on principal prepayment amounts remitted in accordance with Section 3.01);
(ii) with respect to each Monthly Payment, the amount of such remittance allocable to interest and assumption fees;
(iii) the amount of servicing compensation received by the Seller during the prior distribution period;
(iv) the aggregate Stated Principal Balance of the Mortgage Loans;
(v) the aggregate of any expenses reimbursed to the Servicer during the prior distribution period pursuant to Section 2.05 or 2.07; and
(vi) the number and aggregate outstanding principal balances of Mortgage Loans (a) delinquent (1) 30 to 59 days, (2) 60 to 89 days, (3) 90 days or more; (b) as to which foreclosure has commenced; and (c) as to which REO Property has been acquiredoccurs. The Seller shall also provide Purchaser agrees that facsimile transmission (fol- lowing by delivery of hard copy) is a trial balance, sorted in Purchaser's assigned loan number order, in the form satisfactory method of Exhibit 1 hereto, with each such reportdelivery. In addition, not more than 60 sixty (60) days after the end of each calendar year, commencing in 2007, the Seller Company shall furnish to each Person who was a Purchaser of the Mortgage Loans at any time during such calendar year an annual statement in accordance with the requirements of applicable federal income tax law as to the aggregate of remittances for the applicable portion of such year. Such obligation of the Seller Company shall be deemed to have been satisfied satis- fied to the extent that substantially comparable information shall be provided by the Seller Company pursuant to any requirements of the Internal Revenue Code as from time to time are in force. The Seller Company shall prepare and file any and all tax returns, information statements or other filings for relating to the previous tax year and subsequent tax years period of time prior to the sale of the Mortgage Loans by the Company to the Purchaser required to be delivered to any governmental taxing authority or to the Purchaser pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated herebyLoans. In addition, the Seller Company shall provide the Purchaser with such information concerning concern- ing the Mortgage Loans as is necessary for the Purchaser to prepare its federal income tax return as the Purchaser may reasonably request from time to time and which returns."
2. This First Amendment may be reasonably available executed in several counterparts and by each party on a separate counterpart, each of which when so executed and delivered shall be an original, and all of which together shall constitute one instrument. In proving this First Amendment it shall not be necessary to produce or account for more than such counterpart signed by the Sellerparty against whom enforcement is sought.
3. Except as modified and amended hereby, the Original Amendment shall remain in full force and effect and is in all other respects ratified and confirmed.
Appears in 1 contract
Samples: Mortgage Loan Sale, Warranties and Servicing Agreement (Structured Asset Securities Corporation)