Common use of Statements Clause in Contracts

Statements. Each month, not later than 12:00 noon New York time on the Determination Date, the Servicer shall deliver to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered on the Business Day following the Determination Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for the related Remittance Date; (ii) the Class Principal Balances for each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notes; (iii) the Principal Distribution Amounts for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for the related Remittance Date (by Class and in the aggregate); (v) the Available Maximum Subordination Amount for the related Remittance Date; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period; (vii) the amount of all Curtailments which were received during the Due Period; (viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Period; (ix) the amount of interest received on the Loans; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date; (xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (xii) the amount of any Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date; (xvi) the calculation of the Trigger Event, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viii) and (xiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per $1,000 original dollar amount as of the Cut-Off Date. (a) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class A, Class M and Class B Noteholder such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xix) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a Noteholder. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 2 contracts

Sources: Sale and Servicing Agreement (Money Store Home Equity Corp), Sale and Servicing Agreement (Money Store Home Equity Corp)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Seller, any NIMS Insurer, the Master Servicer and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer, the Swap Provider, the Basis Risk Cap Provider and the Servicers (the “Distribution Date Statement”) as to the Noteholdersdistributions to be made or made, and as applicable, on such Distribution Date. The Distribution Date Statement shall include the Owner Trustee for distribution to the Certificateholdersfollowing information, the receipt and legibility of which shall be confirmed telephonicallyin each case, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) respect to be delivered on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes[Reserved]; (iv) the Interest Shortfall Carryforward Amounts aggregate amount of Servicing Fees, Subservicing Fees, Master Servicing Fees and Realized Loss Amounts Credit Risk Manager Fees for the related Remittance Date (by Class and in the aggregate)Due Period; (v) the Available Maximum Subordination Amount amount of Advances for each Loan Group and the aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number Loan Group Balance for each Loan Group and Principal Balances the Net WAC for each Loan Group at the Close of all Loans which were Business at the subject end of Principal Prepayments during the related Due Period; (vii) the amount of all Curtailments which were received during Pool Balance, the Due PeriodPool Collateral Balance and the Loan Group Balance for such Distribution Date; (viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) for each Loan Group, the amount of interest received on fees, expenses or indemnification amounts paid by the LoansTrust Fund with an identification of the general purpose of such amounts and the party receiving such amounts; (x) for each Loan Group, the amount number, weighted average remaining term to maturity, weighted average life and weighted average Loan Rate of the Monthly Advances to be made on the Determination Date, the portion related Mortgage Loans as of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination related Due Date; (xi) for each Loan Group, the delinquency number and aggregate unpaid principal balance of the related Mortgage Loans, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure information set forth proceedings have been commenced and (e) in bankruptcy, in each case as of the form attached hereto as Exhibit Lclose of business on the last day of the preceding calendar month, using the OTS method; (xii) for each Loan Group, the book value (if available) of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiii) for each Loan Group, the aggregate amount of any Principal Prepayments, net Principal Prepayments or other unscheduled recoveries of principal with respect to each Loan Group made during the related Prepayment Period; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance each Class of Certificates after giving effect to any distributions made thereon, on such Distribution Date; (xv) the Class Principal Balance for of each Class of Class A, Class M and Class B Notes Certificates and the Pool Balance Apportioned Principal Balances of the Subordinate Certificates after giving effect to the distribution to be any distributions made on the Remittance Date and after allocation of the Applied Realized Loss Amount made thereon, on such Remittance Distribution Date; (xvi) for each Loan Group, the calculation Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of each related Class of Certificates, for such Distribution Date and the Trigger Eventrespective portions thereof, including if any, remaining unpaid following the various components thereofdistributions made in respect of such Certificates on such Distribution Date; (xvii) for each Class, the Cumulative Realized Lossesaggregate amount of any Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date after giving effect to any distributions made thereon, with respect to the Remittance on such Distribution Date; (xviii) for each Loan Group, the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Daterelated Available Funds; (xix) the Servicing Feesfor each Loan Group, the Contingency Fees Pass-Through Rate and amounts to be deposited to the Expense Account and the FHA Premium Accountrelated Adjusted Cap Rate for each Class of Certificates for such Distribution Date; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using Loan Group, the balances in subclause (xv) above; (xxii) aggregate Principal Balance of Mortgage Loans purchased hereunder by the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received Seller during the related Due Period; (xxi) for each Loan Group, the amount of any Principal Deficiency Amounts or Accrued Interest Amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i); (xxii) current Recoveries allocable to each Loan Group; (xxiii) cumulative Recoveries allocable to each Loan Group; (xxiv) the amount of any Basis Risk Shortfall, if any, for each Class after giving effect to any distributions made thereon, on such Distribution Date; (xxv) for each Loan Group, the amount of Deferred Interest and Net Deferred Interest, if any, for such Loan Group; (xxvi) the amount of Net Deferred Interest, if any, added to the Class Principal Balance of the Certificates; (xxvii) the amount of any Unpaid Interest Shortfall Amount; (xxviii) the amount of the Group 1 Final Maturity Reserve Amount, the Group 2 Final Maturity Reserve Amount and the Aggregate Final Maturity Reserve Amount deposited in the Final Maturity Reserve Account, and, on the Final Maturity Reserve Termination Date, the amount distributed from the Final Maturity Reserve Account to each Class of Certificates; (xxix) the Overcollateralized Amount for that Distribution Date; (xxx) the Reserve Overcollateralization Target Amount for the related Remittance that Distribution Date; (xxxi) claims filed during the Due Periodamount of any Class P Distributable Amount and the amount of any Class ES Distributable Amount; (xxxii) claims paid the amount on deposit in the Prefunding Account in the aggregate and for each Loan Group (including a breakdown of amounts released during the Due prior calendar month in respect of Aggregate Subsequent Transfer Amounts or amounts included in Available Funds on the Distribution Date in the month following the end of the Prefunding Period); (xxxiii) claims denied the amount of any payments made by the FHA during Basis Risk Cap Provider to the Due PeriodBasis Risk Cap Account pursuant to Section 5.13; (xxxiv) claims pending payment by the FHA during aggregate Principal Balance and number of Subsequent Mortgage Loans purchased in the Due Prefunding Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in any Net Swap Payment to the Note Distribution Account Supplemental Interest Trust made pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable 5.10, any Net Swap Payment to the Servicer or Swap Provider made pursuant to Section 5.10, any Swap Termination Payment to the Representative, as appropriate, Supplemental Interest Trust made pursuant to Sections 7.04(c)(i), 7.04(c)(ii) 5.10 and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided any Swap Termination Payment to the Trustee by Swap Provider made pursuant to Section 5.10. The Securities Administrator shall make the Servicer or Distribution Date Statement (and, at its option, any additional files containing the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate same information in an alternative format) available each month to Certificateholders and the hard copy thereof, parties to this Agreement via the Trustee Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to rely upon have a paper copy mailed to them via first class mail by calling the telecopycustomer service desk and indicating such. The Securities Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the parties, and the Securities Administrator shall provide timely and adequate notification to all parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Initial Cut-Off off Date. In addition to the information listed above, such Distribution Date Statement or the report on Form 10-D for such Distribution Date shall also include any other information required by Item 1121 (§ 229.1121) of Regulation AB. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to any NIMS Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person or any NIMS Insurer, such information as is reasonably necessary to provide to such Person or any NIMS Insurer a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person or any NIMS Insurer was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writingIn addition to the above, on each Distribution Date, the Servicer will Servicers shall provide a monthly loan level data file, or the Securities Administrator shall make available on the Securities Administrator’s internet website a monthly loan level data file (based solely on information provided by the Servicers) containing data provided to each Class Athe Securities Administrator by the Servicers, Class M and Class B Noteholder which is available to those who are permitted to access the website, including the Rating Agencies. Such data at a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding minimum shall contain the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment fields referenced in the Class A, Class M and Class B Notes.Exhibit Z.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (HarborView 2007-7), Pooling and Servicing Agreement (HarborView 2007-7)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Certificate Insurer, the Seller, the Master Servicer and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer and the Servicer (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period[reserved]; (vii) the amount Loan Group Balance and related Net WAC and applicable Net WAC Cap for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Month MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) the amount of interest received on the Loans[reserved]; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date[reserved]; (xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates; (xvi) the calculation Class Certificate Principal Balance or Class Certificate Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesMonthly Interest Distributable Amount and the Interest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group; (xx) the amount Pass-Through Rate and Adjusted Cap Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period[reserved]; (xxiii) [Reserved]current Recoveries allocable to each Loan Group; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Datecumulative Recoveries allocable to each Loan Group; (xxv) the amount of any Applied Realized Loss AmountBasis Risk Shortfall, Realized Loss Amount if any, and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Daterelated accrued interest thereon; (xxvi) for each Loan Group, the Accelerated Principal Distribution Amount amount of Deferred Interest and Net Deferred Interest, if any, for such Remittance DateLoan Group; (xxvii) Reservedpayments made under the Yield Maintenance Agreements, if any; (xxviii) the amount of Net Deferred Interest, if any, added to be deposited into the FHA Premium Account on Class Certificate Principal Balance of the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i)Certificates; (xxix) the amount of FHA Payments and Related Payments received during the related Due Period;Certificate Insurer Reimbursement Amount, if any; and (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims Deficiency Amount, if any, to be paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requireCertificate Insurer. The Trustee Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall forward initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to Certificate Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement, Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2005-11)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Trustee shall deliver make available to each Certificateholder, the Trustee, by telecopy, for distribution to the NoteholdersSeller, and the Owner Trustee for distribution Rating Agency, a statement based, as applicable, on loan-level information obtained from and the Servicer (the “Distribution Date Statement”) as to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period[Reserved]; (vii) the amount Loan Group Balance and related Net WAC and applicable Net WAC Cap for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Month MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) the amount of interest received on the Loans[Reserved]; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date[Reserved]; (xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts Period and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates or Principal-Only Components; (xvi) the calculation Class Certificate Principal Balance or Class Certificate Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group; (xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller or any Originator during the related Due Period, and indicating the relevant section of this Agreement or the related Purchase Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan; (xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i); (xxiii) [Reserved]current Recoveries allocable to each Loan Group; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Datecumulative Recoveries allocable to each Loan Group; (xxv) the amount of any Applied Realized Loss AmountBasis Risk Shortfall, Realized Loss Amount if any, and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Daterelated accrued interest thereon; (xxvi) for each Loan Group, the Accelerated Principal Distribution Amount amount of Deferred Interest and Net Deferred Interest, if any, for such Remittance DateLoan Group; (xxvii) Reserved;payments made under the Yield Maintenance Agreements, if any; and (xxviii) the amount of Net Deferred Interest, if any, added to be deposited into the FHA Premium Account on Class Certificate Principal Balance or Component Principal Balance of the related Remittance Certificates and Principal-Only Components. The Trustee will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the amount reimbursable other parties to this Agreement via the Servicer from Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/invr.” Assistance in using the FHA Premium Account pursuant website can be obtained by calling the Trustee customer service desk at ▇-▇▇▇-▇▇▇-▇▇▇▇. Parties that are unable to Section 7.03(b)(i); (xxix) use the amount of FHA Payments above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requireindicating such. The Trustee shall forward have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatemonthly basis. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2005-5), Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Seller, the Master Servicer and the Rating Agency, a statement based, as applicable, on the Remittance Report obtained from the Master Servicer (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for the related Remittance Date (by Class and in the aggregate); (v) the Available Maximum Subordination Amount for the related Remittance Date; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period; (vii) the amount of all Curtailments which were servicing compensation received during by the Due Period; (viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Period; (ix) the amount of interest received on the Loans; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date; (xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (xii) the amount of any Realized Losses incurred Servicer during the related Due Period; (xiiiv) the Available Remittance Amounts aggregate amount of Advances for the Remittance related Due Period and the amount of unreimbursed Advances; (vi) [Reserved]; (vii) the Loan Group Balance and related Net WAC for each Loan Group at the Close of Business at the end of the related Due Period; (viii) [Reserved]; (ix) for each Loan Group, the aggregate Principal Balance of the One-Month LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (x) for each Loan Group, the aggregate Principal Balance of the MTA Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (xi) for each Loan Group, the number, weighted average remaining term to maturity and weighted average Loan Rate of the related Mortgage Loans as of the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and by componentfor each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable aggregate amount of Principal Prepayments with respect to each Loan Group made during the Remittance Daterelated Prepayment Period; (xv) the Class Principal Balance for each Class aggregate amount of Class A, Class M and Class B Notes Realized Losses incurred during the related Due Period and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation cumulative amount of the Applied Realized Loss Amount made on such Remittance DateLosses; (xvi) the calculation Class Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group; (xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan; (xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i); (xxiii) the amount of any Basis Risk Shortfall, if any, and the related accrued interest thereon, with respect to the LIBOR Certificates; (xxiv) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date[Reserved]; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date[Reserved]; (xxvii) Reservedfor each Loan Group, the amount of Net Deferred Interest, if any, for such Loan Group; (xxviii) the amount of Net Deferred Interest, if any, added to be deposited into the FHA Premium Account on Certificate Principal Balance or Component Principal Balance of the related Remittance Date Certificates and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i)Principal-Only Components; (xxix) the amount of FHA Payments and Related Payments received during the related Due Period;current Recoveries allocable to each Loan Group; and (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requirecumulative Recoveries allocable to each Loan Group. The Trustee Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall forward initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2004-Ar4), Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2004-Ar3)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer Servicer, the Trustee shall deliver prepare and make available to each Holder of the Regular Certificates, the Servicer, the Certificate Insurer and the Rating Agencies, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of the Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notesreserved; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer with respect to the related Remittance Date Period (by Class separately identifying Servicing Fees and in other servicing compensation) and such other customary information as the aggregate)Trustee reasonably deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DatePeriod; (vi) the number and Principal Balances Pool Balance at the Close of all Loans which were Business at the subject end of Principal Prepayments during the Due related Remittance Period; (vii) the amount number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of all Curtailments which were received during the Due PeriodMortgage Loans as of the related Determination Date; (viii) the number and aggregate amount unpaid Stated Principal Balance of all Excess Payments Mortgage Loans (a) that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each preceding case as of the amounts Close of Monthly Payments in respect Business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date, and (b) the related Mortgaged Properties of which are REO Properties; (ix) the amount total number and cumulative Stated Principal Balance of interest received on all REO Properties as of the LoansClose of Business of the last day of the preceding Prepayment Period; (x) the aggregate amount of Principal Prepayments made during the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Daterelated Prepayment Period; (xi) the delinquency aggregate amount of Realized Losses incurred during the related Prepayment Period and foreclosure information set forth in the form attached hereto as Exhibit Lcumulative amount of Realized Losses; (xii) the aggregate amount of any Realized Losses incurred Subsequent Recoveries received during the related Due Period;Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date (xiii) the Available Remittance Amounts for aggregate Certificate Principal Balance of each Class of Regular Certificates after giving effect to the Remittance Datedistributions, and allocations of Realized Losses, made on such Distribution Date separately identifying any reduction thereof due to allocations of Realized Losses (in the aggregate case of the Subordinated Certificates and by componentthe Class C Certificates); (xiv) the Reimbursable Amounts and Certificate Factor for each Class of the GP Remittance Amount payable with respect Regular Certificates applicable to the Remittance such Distribution Date; (xv) the Accrued Certificate Interest for the Class Principal Balance for each Class of Class AA Certificates, Class M and Class B Notes the Subordinated Certificates and the Pool Balance after giving effect Class C Certificates for such Distribution Date and Unpaid Interest Shortfall Amount, if any, with respect to the distribution to be made on Class A Certificates and the Remittance Date and after allocation of the Applied Realized Loss Amount made on Subordinated Certificates for such Remittance Distribution Date; (xvi) the calculation aggregate amount of the Trigger Event, including the various components thereofany Net Prepayment Interest Shortfalls for such Distribution Date; (xvii) the Cumulative Realized Losses, with respect to the Remittance aggregate amount of any Relief Act Interest Shortfalls for such Distribution Date; (xviii) the amount, if any, by which Overcollateralized Amount and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Excess Overcollateralization Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium AccountCredit Enhancement Percentage for such Distribution Date; (xx) the Net WAC Rate Carryover Amount for the Class A Certificates and the Subordinated Certificates, if any, for such Distribution Date and the amount of all remaining unpaid after payments and reimbursements to from the Servicer Excess Reserve Fund Account are made pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f4.01(e); (xxi) when the Class Factor for each Class determined using the balances Stepdown Date has occurred and when a Trigger Event is in subclause (xv) aboveeffect; (xxii) the weighted average Loan Interest Rate deposits to and withdrawals from the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Excess Reserve Fund Account on such Distribution Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]the Available Funds for such Distribution Date; (xxiv) the Spread Amount respective Pass-Through Rates applicable to the Class A Certificates, the Subordinated Certificates and the Specified Subordinated Amount Class C Certificates for such Remittance Distribution Date and the respective Pass-Through Rates applicable to the Class A Certificates and the Subordinated Certificates for the immediately succeeding Distribution Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss aggregate Notional Amount and Unpaid Realized Loss Amount for each Class as of the close of Class C Certificates, in each case after giving effect the reductions thereof to occur on such Remittance Distribution Date;; and (xxvi) the Accelerated Principal Distribution amount of the Reimbursement Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Distribution Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during Certificate Insurer in respect thereof on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the Due Period; (xxxivsame information in an alternative format) claims pending payment available each month to Certificateholders, the Servicer, the Trustee, the Certificate Insurer and the Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at h▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇. Assistance in using the website can be obtained by calling the FHA during Trustee’s customer service desk at 1-▇▇▇-▇▇▇-▇▇▇▇. Parties that are unable to use the Due Period; and (xxxv) Such other information as above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the Noteholders or Certificateholders may reasonably requirecustomer service desk and indicating such. The Trustee shall forward have the right to change the way such report statements are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders above parties and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall above parties regarding any such changes. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per $1,000 original dollar amount as hypothetical Certificate having an initial Certificate Principal Balance or Notional Amount (in the case of the Cut-Off DateClass C Certificates) equal to $1,000. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) time. On each Remittance Distribution Date, the Trustee shall forward make available to the Owner Trustee, for distribution to the Holder of the GP Interest, Class R Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Trustee deems necessary or appropriate. (c) . Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP InterestClass R Certificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force. . The Trustee shall maintain at its Corporate Trust Office and shall make available free of charge during normal business hours for review by any Certificateholder, Certificate Owner or any Person identified to the Trustee as a prospective transferee of a Certificate, originals or copies of the following items: (di) Upon reasonable advance notice the private placement memorandum or other disclosure document relating to such Certificates, if any, in writingthe form most recently provided to the Trustee; and (ii) in all cases, (A) this Agreement and any amendments hereof entered into pursuant to Section 11.01, (B) all monthly statements required to be delivered to Certificateholders of the relevant Class pursuant to this Section 4.02 since the Closing Date, and all other notices, reports, statements and written communications delivered to the Certificateholders of the relevant Class pursuant to this Agreement since the Closing Date, (C) all certifications delivered by a Responsible Officer of the Trustee since the Closing Date pursuant to Section 9.01(h) and (D) any and all Officers’ Certificates delivered to the Trustee by the Servicer will provide since the Closing Date to each Class Aevidence the Servicer’s determination that any Advance or Servicing Advance was, Class M or if made, would be a Nonrecoverable Advance or Nonrecoverable Servicing Advance, respectively. Copies and Class B Noteholder which is a savings mailing of any and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations all of the Office foregoing items will be available from the Trustee upon request at the expense of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notesperson requesting the same.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (IndyMac Residential Mortgage-Backed Trust, Series 2006-L3), Pooling and Servicing Agreement (IndyMac Residential Mortgage-Backed Trust, Series 2006-L3)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Certificate Insurer, the Seller, the Master Servicer and the Rating Agency, a statement based, as applicable, on the Remittance Report obtained from the Master Servicer (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for the related Remittance Date (by Class and in the aggregate); (v) the Available Maximum Subordination Amount for the related Remittance Date; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period; (vii) the amount of all Curtailments which were servicing compensation received during by the Due Period; (viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Period; (ix) the amount of interest received on the Loans; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date; (xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (xii) the amount of any Realized Losses incurred Servicer during the related Due Period; (xiiiv) the Available Remittance Amounts aggregate amount of Advances for the Remittance related Due Period and the amount of unreimbursed Advances; (vi) [Reserved]; (vii) the Loan Group Balance and related Net WAC for each Loan Group at the Close of Business at the end of the related Due Period; (viii) [Reserved]; (ix) for each Loan Group, the aggregate Principal Balance of the One-Month LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (x) for each Loan Group, the aggregate Principal Balance of the MTA Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (xi) for each Loan Group, the number, weighted average remaining term to maturity and weighted average Loan Rate of the related Mortgage Loans as of the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and by componentfor each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable aggregate amount of Principal Prepayments with respect to each Loan Group made during the Remittance Daterelated Prepayment Period; (xv) the Class Principal Balance for each Class aggregate amount of Class A, Class M and Class B Notes Realized Losses incurred during the related Due Period and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation cumulative amount of the Applied Realized Loss Amount made on such Remittance DateLosses; (xvi) the calculation Class Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group; (xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan; (xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i); (xxiii) [Reserved]the amount of any Basis Risk Shortfall, if any, and the related accrued interest thereon, with respect to the LIBOR Certificates; (xxiv) the Spread Amount and amount of compensation received by the Specified Subordinated Amount for such Remittance DateTrustee during the related Due Period; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of compensation received by the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received Custodian during the related Due Period; (xxvi) [Reserved]; (xxvii) for each Loan Group, the amount of Net Deferred Interest, if any, for such Loan Group; (xxviii) the amount of Net Deferred Interest, if any, added to the Certificate Principal Balance or Component Principal Balance of the related Certificates and Principal-Only Components; (xxix) current Recoveries allocable to each Loan Group; (xxx) the Reserve Amount for the related Remittance Datecumulative Recoveries allocable to each Loan Group; (xxxi) claims filed during the Due Period;amount of the Certificate Insurer Reimbursement Amount, if any; and (xxxii) claims the Deficiency Amount, if any, to be paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requireCertificate Insurer. The Trustee Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall forward initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to Certificate Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2004-Ar1), Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2004-Ar1)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Seller, the Master Servicer and the Rating Agency, a statement based, as applicable, on the Remittance Report obtained from the Master Servicer (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for the related Remittance Date (by Class and in the aggregate); (v) the Available Maximum Subordination Amount for the related Remittance Date; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period; (vii) the amount of all Curtailments which were servicing compensation received during by the Due Period; (viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Period; (ix) the amount of interest received on the Loans; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date; (xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (xii) the amount of any Realized Losses incurred Servicer during the related Due Period; (xiiiv) the Available Remittance Amounts aggregate amount of Advances for the Remittance related Due Period and the amount of unreimbursed Advances; (vi) [Reserved]; (vii) the Loan Group Balance and related Net WAC for each Loan Group at the Close of Business at the end of the related Due Period; (viii) [Reserved]; (ix) for each Loan Group, the aggregate Principal Balance of the One-Month LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (x) for each Loan Group, the aggregate Principal Balance of the MTA Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (xi) for each Loan Group, the number, weighted average remaining term to maturity and weighted average Loan Rate of the related Mortgage Loans as of the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and by componentfor each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable aggregate amount of Principal Prepayments with respect to each Loan Group made during the Remittance Daterelated Prepayment Period; (xv) the Class Principal Balance for each Class aggregate amount of Class A, Class M and Class B Notes Realized Losses incurred during the related Due Period and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation cumulative amount of the Applied Realized Loss Amount made on such Remittance DateLosses; (xvi) the calculation Class Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group; (xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan; (xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i); (xxiii) [Reserved]the amount of any Basis Risk Shortfall, if any, and the related accrued interest thereon, with respect to the LIBOR Certificates; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date[reserved]; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date[reserved]; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date[reserved]; (xxvii) Reservedfor each Loan Group, the amount of Net Deferred Interest, if any, for such Loan Group; (xxviii) the amount of Net Deferred Interest, if any, added to be deposited into the FHA Premium Account on Certificate Principal Balance or Component Principal Balance of the related Remittance Date Certificates and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i)Principal-Only Components; (xxix) the amount of FHA Payments and Related Payments received during the related Due Period;current Recoveries allocable to each Loan Group; and (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requirecumulative Recoveries allocable to each Loan Group. The Trustee Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall forward initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Greenwich Dsla Mortgage Loan Trust 2005-Ar1), Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2005-Ar4)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Seller, any NIMS Insurer, the Master Servicer and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer and the Servicers (the “Distribution Date Statement”) as to the Noteholdersdistributions to be made or made, and as applicable, on such Distribution Date. The Distribution Date Statement shall include the Owner Trustee for distribution to the Certificateholdersfollowing information, the receipt and legibility of which shall be confirmed telephonicallyin each case, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) respect to be delivered on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes[Reserved]; (iv) the Interest Shortfall Carryforward Amounts aggregate amount of Servicing Fees, Master Servicing Fees and Realized Loss Amounts Credit Risk Manager’s Fees for the related Remittance Date (by Class and in the aggregate)Due Period; (v) the Available Maximum Subordination Amount amount of Advances for each Loan Group and the aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number Loan Group Balance for each Loan Group and Principal Balances the Net WAC for each Loan Group at the Close of all Loans which were Business at the subject end of Principal Prepayments during the related Due Period; (vii) the amount of all Curtailments which were received during the Due Period[Reserved]; (viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) for each Loan Group, the amount of interest received on fees, expenses or indemnification amounts paid by the LoansTrust Fund with an identification of the general purpose of such amounts and the party receiving such amounts; (x) for each Loan Group, the amount number, weighted average remaining term to maturity, weighted average life and weighted average Loan Rate of the Monthly Advances to be made on the Determination Date, the portion related Mortgage Loans as of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination related Due Date; (xi) for each Loan Group, the delinquency number and aggregate unpaid principal balance of the related Mortgage Loans, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure information set forth proceedings have been commenced and (e) in bankruptcy, in each case as of the form attached hereto as Exhibit Lclose of business on the last day of the preceding calendar month, using the MBA method; (xii) for each Loan Group, the book value (if available) of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiii) for each Loan Group, the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance each Class of Certificates after giving effect to any distributions made thereon, on such Distribution Date; (xv) the Class Principal Balance for of each Class of Class A, Class M and Class B Notes Certificates and the Pool Balance Apportioned Principal Balances of the Subordinate Certificates after giving effect to the distribution to be any distributions made on the Remittance Date and after allocation of the Applied Realized Loss Amount made thereon, on such Remittance Distribution Date; (xvi) for each Loan Group, the calculation Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of each related Class of Certificates, for such Distribution Date and the Trigger Eventrespective portions thereof, including if any, remaining unpaid following the various components thereofdistributions made in respect of such Certificates on such Distribution Date; (xvii) for each Loan Group, the Cumulative Realized Lossesaggregate amount of any Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date after giving effect to any distributions made thereon, with respect to the Remittance on such Distribution Date; (xviii) for each Loan Group, the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Daterelated Available Funds; (xix) the Servicing Feesfor each Loan Group, the Contingency Fees Pass-Through Rate and amounts to be deposited to the Expense Account and the FHA Premium Accountrelated Adjusted Cap Rate for each Class of Certificates for such Distribution Date; (xx) for each Loan Group, the amount aggregate Principal Balance of all payments Mortgage Loans purchased hereunder by the Seller during the related Due Period, and reimbursements to indicating the Servicer pursuant to relevant section of the Mortgage Loan Purchase Agreement, or the Section 4.04(b)of this Agreement, (c)as applicable, (d)(ii), (e) and (f)requiring or allowing the purchase of each such Mortgage Loan; (xxi) the Class Factor for each Class determined using Loan Group, the balances in subclause (xv) aboveamount of any Principal Deficiency Amounts or Accrued Interest Amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i); (xxii) the weighted average Loan Interest Rate amount of any Basis Risk Shortfall and the weighted average Unpaid Basis Risk Shortfall, if any, for each Class Adjusted Loan Remittance Ratesafter giving effect to any distributions made thereon, in each case for the related Remittance on such Distribution Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]for each Loan Group, the amount of Deferred Interest and Net Deferred Interest, if any, for such Loan Group; (xxiv) the Spread Amount and amount of Net Deferred Interest, if any, added to the Specified Subordinated Amount for such Remittance Date;Class Principal Balance of the Certificates (xxv) the amount of any Applied Realized Loss Unpaid Interest Shortfall Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution amount of any Final Maturity Reserve Amount for such Remittance deposited in the Final Maturity Reserve Account, and, on the Final Maturity Reserve Termination Date, the amount distributed from the Final Maturity Reserve Account to each Class of Certificates; (xxvii) Reservedthe Overcollateralized Amount for that Distribution Date; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i)Overcollateralization Target Amount for that Distribution Date; (xxix) the amount number of FHA Payments Mortgage Loans and Related Payments received during the related Due Period;aggregate Stated Principal Balance of Mortgage Loans that have negative amortization; and (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requireamount of any Class P Distributable Amount. The Trustee Securities Administrator shall forward make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “w▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. In addition to the information listed above, such Distribution Date Statement or the report on Form 10-D for such Distribution Date shall also include any other information required by Item 1121 (§ 229.1121) of Regulation AB. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to any NIMS Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person or any NIMS Insurer, such information as is reasonably necessary to provide to such Person or any NIMS Insurer a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person or any NIMS Insurer was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Harborview 2006-8)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on the Determination DateMortgage Loan information contained in the Remittance Report, the Servicer Trustee shall deliver prepare and post on its website at ▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal or reduction of Notional Amount, separately identified; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to interest or Class AX Distributable Amount, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified; (iii) the Principal Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Targeted Overcollateralization Amount as of such Distribution Amounts Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for the related Remittance such Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class and in the aggregate)Collection Period; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateCollection Period; (vi) the number Pool Balance and Principal Balances the Loan Group Balance for each Loan Group at the close of all Loans which were business at the subject end of Principal Prepayments during the Due related Collection Period; (vii) separately stated for each Loan Group, the amount number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of all Curtailments which were received during the Mortgage Loans as of the related Due PeriodDate; (viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Period; (ix) the amount of interest received on the Loans; (x) the amount of the Monthly Advances to be made on the Determination Dateseparately stated for each Loan Group, the portion number and aggregate unpaid principal balance of the Monthly Advances Mortgage Loans (a) 30 to be deposited in the Note Distribution Account pursuant 59 days past due on a contractual basis, (b) 60 to Section 7.01(a)(ii), and the Compensating Interest payment to be made 89 days past due on the Determination Date; (xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (xii) the amount of any Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date; (xvi) the calculation of the Trigger Event, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b)a contractual basis, (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account 90 or more days past due on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viii) and (xiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per $1,000 original dollar amount as of the Cut-Off Date. (a) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class A, Class M and Class B Noteholder such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xix) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a Noteholder. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.contractual basis,

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc C-Bass 2004-Cb6 Trust)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Certificate Insurer, the Seller, the Master Servicer and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer and the Servicer (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period[reserved]; (vii) the amount Loan Group Balance and related Net WAC and applicable Net WAC Cap for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Month MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) the amount of interest received on the Loans[reserved]; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date[reserved]; (xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates; (xvi) the calculation Class Certificate Principal Balance or Class Certificate Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesMonthly Interest Distributable Amount and the Interest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group; (xx) the amount Pass-Through Rate and Adjusted Cap Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan; (xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i); (xxiii) [Reserved]current Recoveries allocable to each Loan Group; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Datecumulative Recoveries allocable to each Loan Group; (xxv) the amount of any Applied Realized Loss AmountBasis Risk Shortfall, Realized Loss Amount if any, and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Daterelated accrued interest thereon; (xxvi) for each Loan Group, the Accelerated Principal Distribution Amount amount of Deferred Interest and Net Deferred Interest, if any, for such Remittance DateLoan Group; (xxvii) Reservedpayments made under the Yield Maintenance Agreements, if any; (xxviii) the amount of Net Deferred Interest, if any, added to be deposited into the FHA Premium Account on Class Certificate Principal Balance of the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i)Certificates; (xxix) the amount of FHA Payments and Related Payments received during the related Due PeriodCertificate Insurer Reimbursement Amount, if any; (xxx) the Reserve Amount for Deficiency Amount, if any, to be paid by the related Remittance Date;Certificate Insurer; and (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requireThe amount of any Class 1-P Distributable Amount, Class 2-P Distributable Amount, Class 3-P Distributable Amount, Class 3-XB Distributable Amount and Class ES Distributable Amount. The Trustee Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall forward initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to Certificate Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2005-15)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Trustee shall make available to each Certificateholder, the Seller and the Rating Agency, a statement based, as applicable, on loan-level information obtained from the Servicer shall deliver (the “Distribution Date Statement”) as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and Principal Balances the Bankruptcy Loss Coverage Amount, each as of all Loans which were the subject of Principal Prepayments during the Due Periodrelated Determination Date; (vii) the amount Loan Group Balance and related Net WAC for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts COFI Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) for each Loan Group, the amount aggregate Principal Balance of interest received on the LoansOne-Month LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (x) for each Loan Group, the amount aggregate Principal Balance of the Monthly Advances to be made on MTA Indexed Mortgage Loans at the Determination Date, Close of Business at the portion end of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Daterelated Due Period; (xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of Principal Prepayments with respect to each Loan Group made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period and the cumulative amount of Realized Losses; (xvi) the Class Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Subordinate Certificates after giving effect to any distributions made thereon, on such Distribution Date; (xvii) the Interest Distributable Amount in respect of each Class of Certificates, for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xviii) the aggregate amount of any Realized Losses incurred Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date; (xix) the Available Funds with respect to each Loan Group; (xx) the Pass-Through Rate for each Class of Certificates for such Distribution Date; (xxi) the aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each such Mortgage Loan; (xxii) the amount of any Principal Deficiency Amounts or Accrued Interest Amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i); (xxiii) the amount of any Basis Risk Shortfall, if any, and the related accrued interest thereon, with respect to the Class 1A-1, Class 2A-1, Class 2A-2 and Class 2A-3 Certificates; (xxiv) the amount of compensation received by the Trustee during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date; (xvi) the calculation of the Trigger Event, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of compensation received by the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received Custodian during the related Due Period; (xxxxxvi) the Reserve Amount for the related Remittance Dateamount of any Lender-Paid Mortgage Insurance Fees paid; (xxxixxvii) claims filed during for each Loan Group, the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; amount of Deferred Interest, if any, for such Loan Group, and (xxxvxxviii) Such the amount of Deferred Interest, if any, added to the Certificate Principal Balance or Component Principal Balance of the related Certificates and Principal-Only Components. The Trustee will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other information as parties to this Agreement via the Noteholders or Certificateholders may reasonably requireTrustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall forward have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatemonthly basis. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc Harborview Mort Ln Tr 03 3)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on the Determination DateMortgage Loan information contained in the Remittance Report, the Servicer Trustee shall deliver prepare and post on its website at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal or reduction of Notional Amount, separately identified; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to interest or Class X Distributable Amount, separately identified; (iii) the Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Targeted Overcollateralization Amount as of such Distribution Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for such Distribution Date; (iv) the aggregate amount of servicing compensation received by the Servicer during the related Collection Period; (v) the aggregate amount of Advances for the related Collection Period; (vi) the Pool Balance at the close of business at the end of the related Collection Period; (vii) the number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Due Date; (viii) the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the close of business on the last day of the calendar month preceding such Distribution Date; (ix) with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property; (x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the close of business of the last day of the preceding Collection Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period; (xii) the aggregate amount of prepayment penalties collected (including amounts deposited in connection with the full or partial waiver of such prepayment penalties pursuant to Section 3.01) during the related Collection Period and the amounts thereof allocable to the Class N Certificates and the Class X Certificates; Back to Contents (xiii) the aggregate amount of Realized Losses incurred during the related Collection Period and the cumulative amount of Realized Losses; (xiv) the Certificate Principal Balance, or Notional Amount, as applicable, of each Class of Certificates, after giving effect to the distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts; (xv) the Accrued Certificate Interest in respect of each of the Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Certificates for such Distribution Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notes; (iii) the Principal Distribution Amounts for the related Remittance Date, in the aggregate and listed separately for identifying the portions relating thereof attributable to each Class of Class ANet WAC Carryover Amounts, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for the related Remittance Date (by Class and in the aggregate); (v) the Available Maximum Subordination Amount for the related Remittance Date; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period; (vii) the amount of all Curtailments which were received during the Due Period; (viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments respective portions thereof, if any, remaining unpaid following the distributions made in respect of principal received during the Due Period; (ix) the amount of interest received on the Loans; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date; (xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (xii) the amount of any Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made such Certificates on such Remittance Distribution Date; (xvi) the calculation aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the Trigger Event, including extent not covered by payments by the various components thereofServicer pursuant to Section 3.23; (xvii) any amounts to be deposited in the Cumulative Realized Losses, with respect Reserve Account pursuant to the Remittance DateCap Contract as described in Section 4.02(f) and the amount thereof to be paid to the Class ▇-▇, ▇▇▇▇▇ ▇-▇, Class M-3, Class M-4, Class M-5 or Class M-6 Certificates; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xix) the amount of the Trustee Fee paid; (xx) the Excess Net WAC Amounts distributed on such Distribution Date; (xxi) any Overcollateralization Deficiency after giving effect to the distribution of principal on such Distribution Date; (xxii) whether a Trigger Event has occurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance; (xxiii) the Available Funds; (xxiv) the Spread Amount and the Specified Subordinated Amount rate at which interest accrues for each Class of Certificates for such Remittance Distribution Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount Liquidation Report for each Class as of the close of such Remittance Distribution Date; (xxvi) the Accelerated aggregate Principal Distribution Amount for Balance of Mortgage Loans purchased by the Servicer or Seller during the related Collection Period and indicating the Section of this Agreement requiring or allowing the purchase of each such Remittance Date;Mortgage Loan; and (xxvii) Reserved; (xxviii) the amount to be deposited into aggregate Principal Balance of the FHA Premium Account on the related Remittance Date and the amount reimbursable to Mortgage Loans repurchased by the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxixor an affiliate) the amount of FHA Payments and Related Payments received during the related Due Period; Collection Period in connection with Section 3.16. Back to Contents Parties that are unable to use ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇ are entitled to have a paper copy mailed to them via first class mail by calling the Trustee at (xxx▇▇▇) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require▇▇▇-▇▇▇▇ and indicating such. The Trustee shall forward have the right to change the way such report statements are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders above parties and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to all above parties regarding any such changes. The Trustee may fully rely upon and shall have no liability with respect to information with respect to the telecopyMortgage Loans provided by the Servicer. In the case of information furnished pursuant to subclauses (ii), i) through (viii) and (xiiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ixi), (xiiiii), (xixxv) and (xxxv), xx) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward make available to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report forwarded reports made available to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Trustee deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Residual Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (C-Bass Mortgage Loan Asset-Backed Certificates, Series 2005-Cb6)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) Two Business Days prior to each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopy, for and concurrently with each distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which Securities Administrator shall be confirmed telephonicallymake available to each Certificateholder, with hard copy thereof the Seller, the Master Servicer, the Trustee and the Rating Agency, a statement based, as applicable, on loan-level information provided to it by the Master Servicer's Monthly Computer Tape in , (the form attached hereto “Distribution Date Statement”) as Exhibit M (both in hard copy and in computer tape form) to the distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by each Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number Loan Group Balance and Principal Balances related Net WAC for each Loan Group at the Close of all Loans which were Business at the subject end of Principal Prepayments during the related Due Period; (vii) the amount aggregate Principal Balance of all Curtailments which were received during the One-Year CMT Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (viii) the aggregate amount Principal Balance of all Excess Payments the Six-Month LIBOR Indexed, One-Month LIBOR Indexed and One-Year LIBOR Indexed Mortgage Loans at the amounts Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) the amount of interest received on the Loans;[reserved] (x) for each Loan Group, the amount number, weighted average remaining term to maturity and weighted average Loan Rate of the Monthly Advances to be made on the Determination Date, the portion related Mortgage Loans as of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination related Due Date; (xi) the delinquency number and foreclosure information set forth aggregate unpaid principal balance of Mortgage Loans, in the form attached hereto aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as Exhibit Lto which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xii) the amount total number and cumulative principal balance of any Realized Losses incurred during all REO Properties in each Loan Group as of the related Close of Business of the last day of the preceding Due Period; (xiii) the Available Remittance aggregate amount of Principal Prepayments and Prepayment Penalty Amounts for with respect to each Loan Group made during the Remittance Date, in the aggregate and by componentrelated Prepayment Period; (xiv) the Reimbursable Amounts aggregate amount of Realized Losses incurred during the related Due Period and the GP Remittance Amount payable with respect to the Remittance Datecumulative amount of Realized Losses; (xv) the Class Certificate Principal Balance for of each Class of Class A, Class M and Class B Notes Certificates and the Pool Balance Apportioned Principal Balances of the Subordinate Certificates after giving effect to the distribution to be any distributions made on the Remittance Date and after allocation of the Applied Realized Loss Amount made thereon, on such Remittance Distribution Date; (xvi) the calculation Interest Distributable Amount in respect of each Class of Certificates, for such Distribution Date and the Trigger Eventrespective portions thereof, including if any, remaining unpaid following the various components thereofdistributions made in respect of such Certificates on such Distribution Date; (xvii) the Cumulative Realized Losses, with respect to aggregate amount of any Net Interest Shortfalls and the Remittance Unpaid Interest Shortfall Amount for such Distribution Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance DateAvailable Funds with respect to each Loan Group; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium AccountPass-Through Rate for each Class of Certificates for such Distribution Date; (xx) the amount aggregate Principal Balance of all payments Mortgage Loans purchased hereunder by the Seller during the related Due Period, and reimbursements to indicating the Servicer pursuant to relevant section of the related Servicing Agreement, or the Section 4.04(b)of this Agreement, (c)as applicable, (d)(ii), (e) and (f)requiring or allowing the purchase of each such Mortgage Loan; (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above;amount of any Principal Deficiency Amounts or Accrued Interest Amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i) (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance current Recoveries on such Distribution Date, and the weighted average Loan Interest Rate for the prior three month period;; and (xxiii) [Reserved]; cumulative Recoveries as of such Distribution Date. The Securities Administrator will make the Distribution Date Statement (xxivand, at its option, any additional files containing the same information in an alternative format) the Spread Amount available each month to Certificateholders and the Specified Subordinated Amount for other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such Remittance Date; (xxv) reports are distributed in order to make such distribution more convenient and/or more accessible to the amount of any Applied Realized Loss Amountparties, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable Securities Administrator shall provide timely and adequate notification to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward all parties regarding any such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ixi), (xiii), (xixii) and (xxxv), iv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2005-1)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on information provided to it by the Determination DateServicer, the Certificate Administrator shall prepare and make available to each Holder of the Regular Certificates, the Servicer shall deliver and the Rating Agencies, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class AP Certificates) allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified; (iii) the Principal Distribution Amounts for Pool Balance at the Close of Business at the end of the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B NotesDue Period; (iv) the Interest Shortfall Carryforward Amounts number, aggregate principal balance, and Realized Loss Amounts for weighted average Mortgage Rate of the Mortgage Loans as of the related Remittance Determination Date (by Class and in the aggregate)number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period; (v) the Available Maximum Subordination Amount for the related Remittance Datenumber and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and (C) REO Properties; (vi) the number and Principal Balances of all Loans which were the subject aggregate amount of Principal Prepayments made during the Due related Prepayment Period; (vii) the aggregate amount of all Curtailments which were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses; (viii) the aggregate amount Certificate Principal Balance of all Excess Payments each class of the Class A Certificates, each class of the Mezzanine Certificates and the amounts of Monthly Payments in respect of principal received during Class O Certificates, after giving effect to the Due Perioddistributions made on such Distribution Date; (ix) the amount Unpaid Interest Shortfall Amount, if any, with respect to each class of interest received on the LoansClass A Certificates, each class of the Mezzanine Certificates and the Class AIO Certificates for such Distribution Date; (x) the aggregate amount of the Monthly Advances to be made on the Determination any Prepayment Interest Shortfalls for such Distribution Date, to the portion of extent not covered by payments by the Monthly Advances to be deposited in the Note Distribution Account Servicer pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date3.25; (xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LCredit Enhancement Percentage for such Distribution Date; (xii) the Available Funds Cap Carryforward Amount for each class of the Class A Certificates and each class of the Mezzanine Certificates, if any, for such Distribution Date and the amount of any Realized Losses incurred during the related Due Periodremaining unpaid after reimbursements therefor on such Distribution Date; (xiii) the Available Remittance Amounts respective REMIC Pass-Through Rates applicable to each class of the Class A Certificates, each class of the Mezzanine Certificates and the Class AIO Certificates for such Distribution Date and the REMIC Pass-Through Rate applicable to each class of the Class A Certificates and each class of the Mezzanine Certificates for the Remittance immediately succeeding Distribution Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance Supplemental Interest Payment for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Distribution Date; (xvi) the calculation of the Trigger Event, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Closing Date. The Certificate Administrator may, in the absence of manifest error, conclusively rely upon the Determination Date Report of the Servicer in its preparation of the statement to Certificateholders pursuant to this Section 4.03. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Certificate Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Certificate Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee Certificate Administrator shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Certificate Administrator deems necessary or appropriate. (cd) Within a reasonable period of time after the end of each calendar year, the Servicer Certificate Administrator shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP InterestResidual Certificateholder. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Certificate Administrator pursuant to any requirements of the Code as from time to time in force. (de) Upon reasonable advance notice in writingNo later than noon on the Business Day prior to each Distribution Date, the Servicer will provide Certificate Administrator shall forward, by facsimile transmission, the statement prepared pursuant to paragraph (a) of this Section 4.03, together with all other information reasonably necessary to make the distributions pursuant to Section 4.01 of this Agreement, to the Trustee. On each Distribution Date, the Certificate Administrator, on behalf of the Trustee, shall forward by mail to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access Certificateholder the statement prepared pursuant to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations paragraph (a) of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notesthis Section 4.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Novastar Mortgage Funding Corp)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on the Determination DateMortgage Loan information contained in the Remittance Report, the Servicer Trustee shall deliver prepare and post on its website at www.usbank.com/abs and forward by mail to each Holder of the Regular Ce▇▇▇▇▇▇▇▇▇▇, ▇ ▇▇▇▇ement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal or reduction of Notional Amount, separately identified; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to interest or Class AX Distributable Amount, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified; (iii) the Principal Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Overcollateralization Target Amount as of such Distribution Amounts Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for the related Remittance such Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Collection Period and in the aggregate)accrued and unpaid Special Servicing Fees; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateCollection Period; (vi) the number Pool Balance and Principal Balances the Loan Group Balance for each Loan Group at the close of all Loans which were business at the subject end of Principal Prepayments during the Due related Collection Period; (vii) separately stated for each Loan Group, the amount number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of all Curtailments which were received during the Mortgage Loans as of the related Due PeriodDate; (viii) separately stated for each Loan Group, the number and aggregate amount unpaid principal balance of all Excess Payments Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the amounts close of Monthly Payments in respect business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date; (ix) separately stated for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the amount preceding calendar month, the loan number of interest received on such Mortgage Loan, the Loansunpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property; (x) separately stated for each Loan Group, the amount book value of any REO Property as of the Monthly Advances to be made close of business on the Determination last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the portion total number and cumulative principal balance of all REO Properties as of the Monthly Advances to be deposited in close of business of the Note Distribution Account pursuant to Section 7.01(a)(ii), and last day of the Compensating Interest payment to be made on the Determination Datepreceding Collection Period; (xi) separately stated for each Loan Group, the delinquency and foreclosure information set forth in aggregate amount of Principal Prepayments made during the form attached hereto as Exhibit Lrelated Prepayment Period; (xii) the aggregate amount of any prepayment penalties collected (including amounts deposited in connection with the full or partial waiver of such prepayment penalties pursuant to Section 3.01) during the related Collection Period and the amounts thereof allocable to the Class N Certificates and the Class X Certificates; (xiii) separately stated for each Loan Group, the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) Collection Period and the Available Remittance Amounts for the Remittance Date, in the aggregate and by componentcumulative amount of Realized Losses; (xiv) the Reimbursable Amounts Certificate Principal Balance, or Notional Amount, as applicable, of each Class of Certificates and the GP Remittance Amount payable with respect each Component, after giving effect to the Remittance distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts; (xv) the Class Principal Balance for Accrued Certificate Interest in respect of each Class of Class AOffered Certificates and each Component for such Distribution Date, Class M and Class B Notes separately identifying the portions thereof attributable to LIBOR Carryover Amounts, and the Pool Balance after giving effect to respective portions thereof, if any, remaining unpaid following the distribution to be distributions made on the Remittance Date and after allocation in respect of the Applied Realized Loss Amount made such Certificates on such Remittance Distribution Date; (xvi) the calculation aggregate amount of the Trigger Eventany Prepayment Interest Shortfalls for such Distribution Date, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, extent not covered by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to by the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)3.23; (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiiixvii) [Reserved]; (xviii) [Reserved]; (xix) the amount of the Trustee Fee paid; (xx) the Cap Carryover Amounts distributed on such Distribution Date and the portion thereof constituting LIBOR Carryover Amounts and the amounts remaining after giving effect to distributions thereof on such Distribution Date; (xxi) any Overcollateralization Deficiency after giving effect to the distribution of principal on such Distribution Date; (xxii) whether a Trigger Event has occurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance; (xxiii) the Available Funds; (xxiv) the Spread Amount and the Specified Subordinated Amount rate at which interest accrues for each Class of Certificates for such Remittance Distribution Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount Liquidation Report for each Class as of the close of such Remittance Distribution Date; (xxvi) the Accelerated aggregate Principal Distribution Amount for Balance of Mortgage Loans purchased by the Servicer or Seller during the related Collection Period and indicating the Section of this Agreement requiring or allowing the purchase of each such Remittance Date;Mortgage Loan; and (xxvii) Reserved; (xxviii) the amount to be deposited into aggregate Principal Balance of the FHA Premium Account on the related Remittance Date and the amount reimbursable to Mortgage Loans repurchased by the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxixor an affiliate) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requireCollection Period in connection with Section 3.16. The Trustee may fully rely upon and shall forward such report have no liability with respect to information with respect to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared Mortgage Loans provided by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), i) through (viii) and (xiiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ixi), (xiiiii), (xixxv) and (xxxv), xx) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Trustee deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Residual Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (C Bass Mortgage Loan Asset Backed Cert Series 2002-Cb5)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer Servicer, the Trustee shall deliver prepare and make available to each Holder of the Regular Certificates, the Servicer, the Certificate Insurer and the Rating Agencies, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of the Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notesreserved; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer with respect to the related Remittance Date Period (by Class separately identifying Servicing Fees and in other servicing compensation) and such other customary information as the aggregate)Trustee reasonably deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DatePeriod; (vi) the number and Principal Balances Pool Balance at the Close of all Loans which were Business at the subject end of Principal Prepayments during the Due related Remittance Period; (vii) the amount number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of all Curtailments which were received during the Due PeriodMortgage Loans as of the related Determination Date; (viii) the number and aggregate amount unpaid Stated Principal Balance of all Excess Payments Mortgage Loans (a) that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each preceding case as of the amounts Close of Monthly Payments in respect Business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date, and (b) the related Mortgaged Properties of which are REO Properties; (ix) the amount total number and cumulative Stated Principal Balance of interest received on all REO Properties as of the LoansClose of Business of the last day of the preceding Prepayment Period; (x) the aggregate amount of Principal Prepayments made during the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Daterelated Prepayment Period; (xi) the delinquency aggregate amount of Realized Losses incurred during the related Prepayment Period and foreclosure information set forth in the form attached hereto as Exhibit Lcumulative amount of Realized Losses; (xii) the aggregate amount of any Realized Losses incurred Subsequent Recoveries received during the related Due Period;Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date (xiii) the Available Remittance Amounts for aggregate Certificate Principal Balance of each Class of Regular Certificates after giving effect to the Remittance Datedistributions, and allocations of Realized Losses, made on such Distribution Date separately identifying any reduction thereof due to allocations of Realized Losses (in the aggregate case of the Subordinated Certificates and by componentthe Class C Certificates); (xiv) the Reimbursable Amounts and Certificate Factor for each Class of the GP Remittance Amount payable with respect Regular Certificates applicable to the Remittance such Distribution Date; (xv) the Class Principal Balance Accrued Certificate Interest for each Class of Class Athe Senior Certificates, Class M and Class B Notes the Subordinated Certificates and the Pool Balance after giving effect Class C Certificates for such Distribution Date and Unpaid Interest Shortfall Amount, if any, with respect to the distribution to be made on Class A Certificates and the Remittance Date and after allocation of the Applied Realized Loss Amount made on Subordinated Certificates for such Remittance Distribution Date; (xvi) the calculation aggregate amount of the Trigger Event, including the various components thereofany Net Prepayment Interest Shortfalls for such Distribution Date; (xvii) the Cumulative Realized Losses, with respect to the Remittance aggregate amount of any Relief Act Interest Shortfalls for such Distribution Date; (xviii) the amount, if any, by which Overcollateralized Amount and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Excess Overcollateralization Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium AccountCredit Enhancement Percentage for such Distribution Date; (xx) the Net WAC Rate Carryover Amount for the Class A Certificates and the Subordinated Certificates, if any, for such Distribution Date and the amount of all remaining unpaid after payments and reimbursements to from the Servicer Excess Reserve Fund Account are made pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f4.01(e); (xxi) when the Class Factor for each Class determined using the balances Stepdown Date has occurred and when a Trigger Event is in subclause (xv) aboveeffect; (xxii) the weighted average Loan Interest Rate deposits to and withdrawals from the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Excess Reserve Fund Account on such Distribution Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]the Available Funds for such Distribution Date; (xxiv) the Spread Amount respective Pass-Through Rates applicable to the Senior Certificates, the Subordinated Certificates and the Specified Subordinated Amount Class C Certificates for such Remittance Distribution Date and the respective Pass-Through Rates applicable to the Senior Certificates and the Subordinated Certificates for the immediately succeeding Distribution Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss aggregate Notional Amount and Unpaid Realized Loss Amount for each Class as of the close of Class C Certificates and Class IO Certificates, in each case after giving effect the reductions thereof to occur on such Remittance Distribution Date; (xxvi) the Accelerated Principal Distribution amount of the Reimbursement Amount for such Remittance Distribution Date and the amount received by the Certificate Insurer in respect thereof on such Distribution Date; (xxvii) Reserved;the amount on deposit in the Interest Coverage Account; and (xxviii) for the amount distribution occurring on the Distribution Date immediately following the end of the Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Certificateholders on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the Servicer, the Trustee, the Certificate Insurer and the Rating Agencies via the Trustee’s internet website. The Trustee’s responsibility for disbursing the above information to the Certificateholders is limited to the availability, timeliness, and accuracy of the information derived from the Servicer. By each Determination Date, the Servicer shall provide to the Trustee in electronic form the information needed to determine the distributions to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account made pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments 4.01 and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such any other information as on which the Noteholders or Certificateholders may reasonably requireServicer and the Trustee mutually agree. The Trustee’s internet website shall initially be located at h▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at 1-▇▇▇-▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall forward have the right to change the way such report statements are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders above parties and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall above parties regarding any such changes. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per $1,000 original dollar amount as hypothetical Certificate having an initial Certificate Principal Balance or Notional Amount (in the case of the Cut-Off DateClass C Certificates) equal to $1,000. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) time. On each Remittance Distribution Date, the Trustee shall forward make available to the Owner Trustee, for distribution to the Holder of the GP Interest, Class R Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Trustee deems necessary or appropriate. (c) . Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP InterestClass R Certificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force. . The Trustee shall maintain at its Corporate Trust Office and shall make available free of charge during normal business hours for review by any Certificateholder, Certificate Owner or any Person identified to the Trustee as a prospective transferee of a Certificate, originals or copies of the following items: (di) Upon reasonable advance notice the private placement memorandum or other disclosure document relating to such Certificates, if any, in writingthe form most recently provided to the Trustee; and (ii) in all cases, (A) this Agreement and any amendments hereof entered into pursuant to Section 11.01, (B) all monthly statements required to be delivered to Certificateholders of the relevant Class pursuant to this Section 4.02 since the Closing Date, and all other notices, reports, statements and written communications delivered to the Certificateholders of the relevant Class pursuant to this Agreement since the Closing Date, (C) all certifications delivered by a Responsible Officer of the Trustee since the Closing Date pursuant to Section 9.01(h) and (D) any and all Officers’ Certificates delivered to the Trustee by the Servicer will provide since the Closing Date to each Class Aevidence the Servicer’s determination that any Advance or Servicing Advance was, Class M or if made, would be a Nonrecoverable Advance or Nonrecoverable Servicing Advance, respectively. Copies and Class B Noteholder which is a savings mailing of any and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations all of the Office foregoing items will be available from the Trustee upon request at the expense of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notesperson requesting the same.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (IndyMac Residential Mortgage-Backed Trust, Series 2006-L4)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer Servicer, the Trustee shall deliver prepare and make available to each Holder of the Regular Certificates, the Servicer, the Certificate Insurer and the Rating Agencies, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of the Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notesreserved; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer with respect to the related Remittance Date Period (by Class separately identifying Servicing Fees and in other servicing compensation) and such other customary information as the aggregate)Trustee reasonably deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DatePeriod; (vi) the number and Principal Balances Pool Balance at the Close of all Loans which were Business at the subject end of Principal Prepayments during the Due related Remittance Period; (vii) the amount number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of all Curtailments which were received during the Due PeriodMortgage Loans as of the related Determination Date; (viii) the number and aggregate amount unpaid Stated Principal Balance of all Excess Payments Mortgage Loans (a) that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each preceding case as of the amounts Close of Monthly Payments in respect Business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date, and (b) the related Mortgaged Properties of which are REO Properties; (ix) the amount total number and cumulative Stated Principal Balance of interest received on all REO Properties as of the LoansClose of Business of the last day of the preceding Prepayment Period; (x) the aggregate amount of Principal Prepayments made during the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Daterelated Prepayment Period; (xi) the delinquency aggregate amount of Realized Losses incurred during the related Prepayment Period and foreclosure information set forth in the form attached hereto as Exhibit Lcumulative amount of Realized Losses; (xii) the aggregate amount of any Realized Losses incurred Subsequent Recoveries received during the related Due Period;Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date (xiii) the Available Remittance Amounts for aggregate Certificate Principal Balance of each Class of Regular Certificates after giving effect to the Remittance Datedistributions, and allocations of Realized Losses, made on such Distribution Date separately identifying any reduction thereof due to allocations of Realized Losses (in the aggregate case of the Subordinated Certificates and by componentthe Class C Certificates); (xiv) the Reimbursable Amounts and Certificate Factor for each Class of the GP Remittance Amount payable with respect Regular Certificates applicable to the Remittance such Distribution Date; (xv) the Accrued Certificate Interest for the Class Principal Balance for each Class of Class AA Certificates, Class M and Class B Notes the Subordinated Certificates and the Pool Balance after giving effect Class C Certificates for such Distribution Date and Unpaid Interest Shortfall Amount, if any, with respect to the distribution to be made on Class A Certificates and the Remittance Date and after allocation of the Applied Realized Loss Amount made on Subordinated Certificates for such Remittance Distribution Date; (xvi) the calculation aggregate amount of the Trigger Event, including the various components thereofany Net Prepayment Interest Shortfalls for such Distribution Date; (xvii) the Cumulative Realized Losses, with respect to the Remittance aggregate amount of any Relief Act Interest Shortfalls for such Distribution Date; (xviii) the amount, if any, by which Overcollateralized Amount and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Excess Overcollateralization Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium AccountCredit Enhancement Percentage for such Distribution Date; (xx) the Net WAC Rate Carryover Amount for the Class A Certificates and the Subordinated Certificates, if any, for such Distribution Date and the amount of all remaining unpaid after payments and reimbursements to from the Servicer Excess Reserve Fund Account are made pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f4.01(e); (xxi) when the Class Factor for each Class determined using the balances Stepdown Date has occurred and when a Trigger Event is in subclause (xv) aboveeffect; (xxii) the weighted average Loan Interest Rate deposits to and withdrawals from the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Excess Reserve Fund Account on such Distribution Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]the Available Funds for such Distribution Date; (xxiv) the Spread Amount respective Pass-Through Rates applicable to the Class A Certificates, the Subordinated Certificates and the Specified Subordinated Amount Class C Certificates for such Remittance Distribution Date and the respective Pass-Through Rates applicable to the Class A Certificates and the Subordinated Certificates for the immediately succeeding Distribution Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss aggregate Notional Amount and Unpaid Realized Loss Amount for each Class as of the close of Class C Certificates, in each case after giving effect the reductions thereof to occur on such Remittance Distribution Date; (xxvi) the Accelerated Principal Distribution amount of the Reimbursement Amount for such Remittance Distribution Date and the amount received by the Certificate Insurer in respect thereof on such Distribution Date;; and (xxvii) Reserved; reserved. The Trustee will make such statement (xxviiiand, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the amount to be deposited into Servicer, the FHA Premium Account on Trustee, the related Remittance Date Certificate Insurer and the amount reimbursable Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at h▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at 1-▇▇▇-▇▇▇-▇▇▇▇. Parties that are unable to use the Servicer from above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments customer service desk and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requireindicating such. The Trustee shall forward have the right to change the way such report statements are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders above parties and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall above parties regarding any such changes. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per $1,000 original dollar amount as hypothetical Certificate having an initial Certificate Principal Balance or Notional Amount (in the case of the Cut-Off DateClass C Certificates) equal to $1,000. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) time. On each Remittance Distribution Date, the Trustee shall forward make available to the Owner Trustee, for distribution to the Holder of the GP Interest, Class R Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Trustee deems necessary or appropriate. (c) . Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP InterestClass R Certificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force. . The Trustee shall maintain at its Corporate Trust Office and shall make available free of charge during normal business hours for review by any Certificateholder, Certificate Owner or any Person identified to the Trustee as a prospective transferee of a Certificate, originals or copies of the following items: (di) Upon reasonable advance notice the private placement memorandum or other disclosure document relating to such Certificates, if any, in writingthe form most recently provided to the Trustee; and (ii) in all cases, (A) this Agreement and any amendments hereof entered into pursuant to Section 11.01, (B) all monthly statements required to be delivered to Certificateholders of the relevant Class pursuant to this Section 4.02 since the Closing Date, and all other notices, reports, statements and written communications delivered to the Certificateholders of the relevant Class pursuant to this Agreement since the Closing Date, (C) all certifications delivered by a Responsible Officer of the Trustee since the Closing Date pursuant to Section 9.01(h) and (D) any and all Officers’ Certificates delivered to the Trustee by the Servicer will provide since the Closing Date to each Class Aevidence the Servicer’s determination that any Advance or Servicing Advance was, Class M or if made, would be a Nonrecoverable Advance or Nonrecoverable Servicing Advance, respectively. Copies and Class B Noteholder which is a savings mailing of any and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations all of the Office foregoing items will be available from the Trustee upon request at the expense of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notesperson requesting the same.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (IndyMac Residential Mortgage-Backed Trust, Series 2006-L2)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Seller, any NIMS Insurer, the Master Servicer and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer, the Swap Provider, the Basis Risk Cap Provider and the Servicer (the “Distribution Date Statement”) as to the Noteholdersdistributions to be made or made, and as applicable, on such Distribution Date. The Distribution Date Statement shall include the Owner Trustee for distribution to the Certificateholdersfollowing information, the receipt and legibility of which shall be confirmed telephonicallyin each case, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) respect to be delivered on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes[Reserved]; (iv) the Interest Shortfall Carryforward Amounts aggregate amount of Servicing Fees, Master Servicing Fees and Realized Loss Amounts Credit Risk Manager Fees for the related Remittance Date (by Class and in the aggregate)Due Period; (v) the Available Maximum Subordination Amount amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number Pool Balance and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due PeriodPool Collateral Balance for such Distribution Date; (vii) the amount aggregate Principal Balance of all Curtailments which were received during the MTA Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (viii) the aggregate amount of all Excess Payments fees, expenses or indemnification amounts paid by the Trust Fund with an identification of the general purpose of such amounts and the amounts of Monthly Payments in respect of principal received during the Due Periodparty receiving such amounts; (ix) the amount number, weighted average remaining term to maturity, weighted average life and weighted average Loan Rate of interest received on the Loansrelated Mortgage Loans as of the related Due Date; (x) the amount number and aggregate unpaid principal balance of the Monthly Advances related Mortgage Loans, (a) 30 to be made 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the Determination Date, the portion last day of the Monthly Advances to be deposited in preceding calendar month, using the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination DateOTS method; (xi) the delinquency book value (if available) of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and foreclosure information set forth in cumulative principal balance of all REO Properties as of the form attached hereto as Exhibit LClose of Business of the last day of the preceding Due Period; (xii) the aggregate amount of any Principal Prepayments, net Principal Prepayments or other unscheduled recoveries of principal made during the related Prepayment Period; (xiii) the aggregate amount of Realized Losses incurred during the related Due Period and the cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to each Class of Certificates after giving effect to any distributions made thereon, on such Distribution Date; (xiv) the Class Principal Balance of each Class of Certificates after giving effect to any distributions made thereon, on such Distribution Date; (xv) the Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of each related Class of Certificates, for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xvi) for each Class, the aggregate amount of any Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date after giving effect to any distributions made thereon, on such Distribution Date; (xvii) the Available Funds; (xviii) the Pass-Through Rate and related Adjusted Cap Rate for each Class of Certificates for such Distribution Date; (xix) the aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date; (xvi) the calculation of the Trigger Event, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxi) current Recoveries; (xxii) cumulative Recoveries; (xxiii) the amount of any Basis Risk Shortfall, if any, for each Class after giving effect to any distributions made thereon, on such Distribution Date; (xxiv) the Spread Amount amount of Deferred Interest and the Specified Subordinated Amount for such Remittance DateNet Deferred Interest, if any; (xxv) the amount of any Applied Realized Loss AmountNet Deferred Interest, Realized Loss Amount and Unpaid Realized Loss Amount for each if any, added to the Class as Principal Balance of the close of such Remittance DateCertificates; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Dateamount of any Unpaid Interest Shortfall Amount; (xxvii) Reservedthe Overcollateralized Amount for that Distribution Date; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i)Overcollateralization Target Amount for that Distribution Date; (xxix) the amount of FHA Payments and Related Payments received during the related Due Periodany Class P Distributable Amount; (xxx) the Reserve Amount for amount on deposit in the related Remittance DatePrefunding Account (including a breakdown of amounts released during the prior calendar month in respect of Aggregate Subsequent Transfer Amounts or amounts included in Available Funds on the Distribution Date in the month following the end of the Prefunding Period); (xxxi) claims filed during the Due Periodamount of any payments made by the Basis Risk Cap Provider to the Basis Risk Cap Account pursuant to Section 5.13; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by aggregate Principal Balance and number of Subsequent Mortgage Loans purchased in the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Prefunding Period; and (xxxvxxxiii) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in any Net Swap Payment to the Note Distribution Account Supplemental Interest Trust made pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable 5.10, any Net Swap Payment to the Servicer or Swap Provider made pursuant to Section 5.10, any Swap Termination Payment to the Representative, as appropriate, Supplemental Interest Trust made pursuant to Sections 7.04(c)(i), 7.04(c)(ii) 5.10 and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided any Swap Termination Payment to the Trustee by Swap Provider made pursuant to Section 5.10. The Securities Administrator shall make the Servicer or Distribution Date Statement (and, at its option, any additional files containing the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate same information in an alternative format) available each month to Certificateholders and the hard copy thereof, parties to this Agreement via the Trustee Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 1-866-846-4526. Parties that are unable to use the above distribution option are entitled to rely upon have a paper copy mailed to them via first class mail by calling the telecopycustomer service desk and indicating such. The Securities Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the parties, and the Securities Administrator shall provide timely and adequate notification to all parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Initial Cut-Off off Date. In addition to the information listed above, such Distribution Date Statement or the report on Form 10-D for such Distribution Date shall also include any other information required by Item 1121 (§ 229.1121) of Regulation AB. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to any NIMS Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person or any NIMS Insurer, such information as is reasonably necessary to provide to such Person or any NIMS Insurer a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person or any NIMS Insurer was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (HarborView 2007-5)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to each Certificateholder, the Sponsor, and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Servicers (the “Distribution Date Statement”) as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts aggregate amount of servicing compensation received by the Servicers and Realized Loss Amounts for the Master Servicer during the related Remittance Date (by Class and in the aggregate)Due Period; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due PeriodPool Balance for such Distribution Date; (vii) the amount Net Maximum Rate Cap, the Net WAC and the applicable Net WAC Cap at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) the aggregate amount Principal Balance of all Excess Payments and the amounts One-Month MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) the amount aggregate Principal Balance of interest received on the LoansOne-Month LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date[Reserved]; (xi) the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month, in each case, using the MBA method; (xiii) the book value (if available) of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of Principal Prepayments made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period and the cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to each Class of Certificates; (xvi) the Class Principal Balance or Class Notional Balance, as applicable, of each Class of Certificates after giving effect to any distributions made thereon, on such Distribution Date; (xvii) the Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of each Class of Certificates, for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xviii) the aggregate amount of any Realized Losses incurred Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date; (xix) the Available Funds; (xx) the Pass-Through Rate and Adjusted Cap Rate for each Class of Certificates for such Distribution Date; (xxi) the aggregate Principal Balance of Mortgage Loans purchased hereunder by the Sponsor or an Originator, as applicable, during the related Due Period; (xiiixxii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect current Recoveries allocable to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date; (xvi) the calculation of the Trigger Event, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodMortgage Loans; (xxiii) [Reserved]cumulative Recoveries allocable to the Mortgage Loans; (xxiv) the Spread Amount amount of any Basis Risk Shortfall, if any, and the Specified Subordinated Amount for such Remittance Daterelated accrued interest thereon; (xxv) the amount of any Applied Realized Loss AmountDeferred Interest and Net Deferred Interest, Realized Loss Amount and Unpaid Realized Loss Amount if any, for each Class as of the close of such Remittance DateMortgage Loans; (xxvi) the Accelerated amount of Net Deferred Interest, if any, added to the Class Principal Distribution Amount for such Remittance Date;Balance of the related Certificates; and (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments any Class P Distributable Amount and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requireClass ES Distributable Amount. The Trustee Securities Administrator shall forward make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ixi), (xiii), (xixii) and (xxxv), iv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Luminent 2006-4)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on information provided to it by the Determination DateServicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Servicer shall deliver and the Rating Agencies, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class AARR Certificates) allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified; (iii) the Principal Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Amounts Date and the Excess Overcollateralized Amount for the related Remittance Mortgage Pool for such Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer with respect to the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period; (vi) the number and Principal Balances Pool Balance at the Close of all Loans which were Business at the subject end of Principal Prepayments during the related Due Period; (vii) the amount number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of all Curtailments which were received during the Due PeriodMortgage Loans as of the related Determination Date; (viii) the number and aggregate amount unpaid principal balance of all Excess Payments Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the amounts Close of Monthly Payments in respect Business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date and (D) REO Properties; (ix) the amount of interest received on the Loans;[reserved] (x) the amount total number and cumulative principal balance of all REO Properties as of the Monthly Advances to be made on the Determination Date, the portion Close of Business of the Monthly Advances to be deposited in last day of the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Datepreceding Prepayment Period; (xi) the delinquency and foreclosure information set forth in aggregate amount of Principal Prepayments made during the form attached hereto as Exhibit Lrelated Prepayment Period; (xii) the aggregate amount of any Realized Losses incurred during the related Due PeriodPrepayment Period and the cumulative amount of Realized Losses; (xiii) the Available Remittance Amounts aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for the Remittance such Distribution Date, in the aggregate and by component; (xiv) the Reimbursable Amounts Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates, the Class ARR Certificates and the GP Remittance Class C Certificates and the Notional Amount payable with respect of the Class S Certificates, after giving effect to the Remittance distributions made on such Distribution Date; (xv) the Class Principal Balance for Monthly Interest Distributable Amount in respect of each Class of Class AA Certificates, the Class M and S Certificates, each Class B Notes of Mezzanine Certificates and the Pool Balance after giving effect Class C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the distribution to be made on Class A Certificates, the Remittance Date Class S Certificates and after allocation of the Applied Realized Loss Amount made on Mezzanine Certificates for such Remittance Distribution Date; (xvi) the calculation aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the Trigger Event, including extent not covered by payments by the various components thereofServicer pursuant to Section 3.24; (xvii) the Cumulative Realized Losses, with respect to the Remittance Credit Enhancement Percentage for such Distribution Date; (xviii) the amountNet WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) the Servicing FeesOvercollateralization Target Amount, the Contingency Fees any Overcollateralized Amount and amounts to be deposited Overcollateralization Deficiency Amount after giving effect to the Expense Account and the FHA Premium Accountdistribution of principal on such Distribution Date; (xx) when the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Stepdown Date or a Trigger Event has occurred; (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above;Available Funds; and (xxii) the weighted average Loan Interest Rate respective Pass-Through Rates applicable to the Class A Certificates, the Class S Certificates, each Class of Mezzanine Certificates and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount C Certificates for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable Pass-Through Rate applicable to the Servicer from Class A Certificates, the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount Class S Certificates and each Class of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount Mezzanine Certificates for the related Remittance immediately succeeding Distribution Date; . 106 The Trustee will make such statement (xxxiand, at its option, any additional files containing the same information in an alternative format) claims filed during available each month to Certificateholders and the Due Period; Rating Agencies via the Trustee's internet website. The Trustee's internet website shall initially be located at "h▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (xxxii800) claims paid during 735-7777. Parties that are unable to use the Due Period; (xxxiii) claims denied above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requirecustomer service desk and indicating such. The Trustee shall forward have the right to change the way such report statements are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders above parties and the Owner Trustee on the Remittance Date, together with shall provide timely and adequate notification to all above parties regarding any such changes. As a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant condition to Section 7.01(a)(iv); and the amounts which are reimbursable access to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the ServicerTrustee's Certificate and the hard copy thereofinternet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely upon on but shall not be responsible for the telecopycontent or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (ii), i) through (viii) and (xiiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward make available to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Trustee deems necessary or appropriate. (cd) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP InterestResidual Certificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Financial Asset Sec Corp Asset Backed Certs Ser 2003-1)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Seller, the Master Servicer and the Rating Agency, a statement based, as applicable, on the Remittance Report obtained from the Master Servicer (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for the related Remittance Date (by Class and in the aggregate); (v) the Available Maximum Subordination Amount for the related Remittance Date; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period; (vii) the amount of all Curtailments which were servicing compensation received during by the Due Period; (viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Period; (ix) the amount of interest received on the Loans; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date; (xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (xii) the amount of any Realized Losses incurred Servicer during the related Due Period; (xiiiv) the Available Remittance Amounts aggregate amount of Advances for the Remittance related Due Period and the amount of unreimbursed Advances; (vi) the Loan Group Balance and the Non-PO Loan Group Balance, and the related Net WAC for each Loan Group at the Close of Business at the end of the related Due Period; (vii) for each Loan Group, the number, weighted average remaining term to maturity and weighted average Loan Rate of the related Mortgage Loans as of the related Due Date; (viii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and by componentfor each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (ix) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (x) the aggregate amount of Principal Prepayments with respect to each Loan Group made during the related Prepayment Period; (xi) the aggregate amount of Realized Losses incurred during the related Due Period and the cumulative amount of Realized Losses, if any, allocated to each Class of Certificates and the PO Components; (xii) the Class Certificate Principal Balance or Class Certificate Notional Amount, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Subordinate Certificates after giving effect to any distributions made thereon, on such Distribution Date; (xiii) the Interest Distributable Amount in respect of each Class of Certificates, for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xiv) the Reimbursable Amounts aggregate amount of any Net Interest Shortfalls and the GP Remittance Unpaid Interest Shortfall Amount payable with respect to the Remittance for such Distribution Date; (xv) the Class Principal Balance for Available Funds with respect to each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateLoan Group; (xvi) the calculation Pass-Through Rate for each Class of the Trigger Event, including the various components thereofCertificates for such Distribution Date; (xvii) the Cumulative Realized Lossesaggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, with respect to and indicating the Remittance Daterelevant section of the Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each such Mortgage Loan; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Dateamount of any Principal Deficiency Amounts or Accrued Interest Amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i); (xix) the Servicing Fees, amount of compensation received by the Contingency Fees and amounts to be deposited to Trustee during the Expense Account and the FHA Premium Accountrelated Due Period; (xx) the amount of all payments and reimbursements to compensation received by the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received Custodian during the related Due Period; (xxxxxi) the Reserve Amount for the related Remittance Datecurrent and cumulative Recoveries; (xxxixxii) claims filed during the Due Periodcurrent and cumulative PO Recoveries; (xxxiixxiii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Periodcurrent and cumulative Charged-off Recoveries; and (xxxvxxiv) Such other information as the Noteholders aggregate amount of Charged-off Amounts incurred during the related Due Period and the cumulative amount of Charged-off Amounts, if any, allocated to any Class of Certificates or Certificateholders may reasonably requirethe PO Components. The Trustee Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall forward initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), xvii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Charlie Mac Trust 2004-2)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Trustee shall deliver make available to each Certificateholder, the Seller, any NIMS Insurer and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Servicer, the Swap Provider and the Basis Risk Cap Provider (the “Distribution Date Statement”) as to the Trusteedistributions to be made or made, by telecopyas applicable, for distribution to on such Distribution Date. The Distribution Date Statement shall include the Noteholdersfollowing information, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonicallyin each case, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) respect to be delivered on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes[Reserved]; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts aggregate amount of Servicing Fees for the related Remittance Date (by Class and in the aggregate)Due Period; (v) the Available Maximum Subordination Amount amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number and Principal Balances Net WAC at the Close of all Loans which were Business at the subject end of Principal Prepayments during the related Due Period; (vii) the amount of all Curtailments which were received during the Due PeriodPool Balance for such Distribution Date; (viii) the aggregate amount of all Excess Payments fees, expenses or indemnification amounts paid by the Trust Fund with an identification of the general purpose of such amounts and the amounts of Monthly Payments in respect of principal received during the Due Periodparty receiving such amounts; (ix) the amount number, weighted average remaining term to maturity, weighted average life and weighted average Loan Rate of interest received on the Loansrelated Mortgage Loans as of the related Due Date; (x) the amount number and aggregate unpaid principal balance of the Monthly Advances related Mortgage Loans, (a) 30 to be made 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the Determination Date, the portion last day of the Monthly Advances to be deposited in preceding calendar month, using the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination DateOTS method; (xi) the delinquency book value (if available) of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and foreclosure information set forth in cumulative principal balance of all REO Properties as of the form attached hereto as Exhibit LClose of Business of the last day of the preceding Due Period; (xii) the aggregate amount of any Principal Prepayments made during the related Prepayment Period; (xiii) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) Period and the Available Remittance Amounts for cumulative amount of Realized Losses and the Remittance amount of Realized Losses, if any, allocated to each Class of Certificates after giving effect to any distributions made thereon, on such Distribution Date, in the aggregate and by component; (xiv) the Reimbursable Amounts Class Principal Balance of each Class of Certificates and the GP Remittance Amount payable with respect Apportioned Principal Balances of the Subordinate Certificates after giving effect to the Remittance any distributions made thereon, on such Distribution Date; (xv) the Class Principal Balance for Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of each related Class of Class ACertificates, Class M and Class B Notes for such Distribution Date and the Pool Balance after giving effect to respective portions thereof, if any, remaining unpaid following the distribution to be distributions made on the Remittance Date and after allocation in respect of the Applied Realized Loss Amount made such Certificates on such Remittance Distribution Date; (xvi) the calculation aggregate amount of any Net Interest Shortfalls and the Trigger EventUnpaid Interest Shortfall Amount for such Distribution Date after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized Losses, with respect to the Remittance DateAvailable Funds; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Pass-Through Rate for each Class Distribution Amount of Certificates for such Remittance Distribution Date; (xix) the Servicing Feesaggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the Contingency Fees and amounts to be deposited to relevant section of the Expense Account and Mortgage Loan Purchase Agreement, or the FHA Premium AccountSection of this Agreement, as applicable, requiring or allowing the purchase of each such Mortgage Loan; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)current Recoveries; (xxi) the Class Factor for each Class determined using the balances in subclause (xv) abovecumulative Recoveries; (xxii) the weighted average Loan Interest Rate and the weighted average amount of any Basis Risk Shortfall, if any, for each Class Adjusted Loan Remittance Ratesafter giving effect to any distributions made thereon, in each case for the related Remittance on such Distribution Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]the amount of any Unpaid Interest Shortfall Amount or Basis Risk Shortfalls (if applicable); (xxiv) the Spread Amount and the Specified Subordinated Overcollateralized Amount for such Remittance that Distribution Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Overcollateralization Target Amount for each Class as of the close of such Remittance that Distribution Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Dateamount of any payments made by the Basis Risk Cap Provider to the Basis Risk Cap Account made pursuant to Section 5.09; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable of any Net Swap Payment to the Servicer from the FHA Premium Account Supplemental Interest Trust made pursuant to Section 7.03(b)(i); 5.10, any Net Swap Payment to the Swap Provider made pursuant to Section 5.10, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.10 and any Swap Termination Payment to the Swap Provider made pursuant to Section 5.10; The Trustee shall make the Distribution Date Statement (xxixand, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the amount of FHA Payments other parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “w▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Trustee’s customer service desk at 1-▇▇▇-▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requireindicating such. The Trustee shall forward have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. In addition to the information listed above, such Distribution Date Statement or the report on Form 10-D for such Distribution Date shall also include any other information required by Item 1121 (§ 229.1121) of Regulation AB. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to any NIMS Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person or any NIMS Insurer, such information as is reasonably necessary to provide to such Person or any NIMS Insurer a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person or any NIMS Insurer was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatemonthly basis. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (HarborView 2006-11)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Trustee shall deliver make available to each Certificateholder, the Trustee, by telecopy, for distribution to the NoteholdersSeller, and the Owner Trustee for distribution Rating Agency, a statement based, as applicable, on loan-level information obtained from and the Servicer (the “Distribution Date Statement”) as to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period[reserved]; (vii) the amount Loan Group Balance and related Net WAC and Net WAC Cap for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Month MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) the amount of interest received on the LoansReserved; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination DateReserved; (xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts Period and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates or Principal-Only Components; (xvi) the calculation Class Certificate Principal Balance or Class Certificate Notional Amount, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group; (xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan; (xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i); (xxiii) [Reserved]current Recoveries allocable to each Loan Group; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Datecumulative Recoveries allocable to each Loan Group; (xxv) the amount of any Applied Realized Loss AmountBasis Risk Shortfall, Realized Loss Amount if any, and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Daterelated accrued interest thereon; (xxvi) for each Loan Group, the Accelerated Principal Distribution Amount amount of Deferred Interest and Net Deferred Interest, if any, for such Remittance Date;Loan Group; and (xxvii) Reserved;payments made under the Yield Maintenance Agreement, if any; and (xxviii) the amount of Net Deferred Interest, if any, added to be deposited into the FHA Premium Account on Class Certificate Principal Balance or Component Principal Balance of the related Remittance Certificates and Principal-Only Components. The Trustee will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the amount reimbursable other parties to this Agreement via the Servicer from Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇.” Assistance in using the FHA Premium Account pursuant website can be obtained by calling the Trustee customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to Section 7.03(b)(i); (xxix) use the amount of FHA Payments above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requireindicating such. The Trustee shall forward have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatemonthly basis. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Greenwich HarborView Mortgage Loan Trust 2005-1)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on information provided to it by the Determination DateServicer, the Certificate Administrator shall prepare and make available to each Holder of the Regular Certificates, the Servicer shall deliver and the Rating Agencies, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class AP Certificates) allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified; (iii) the Principal Distribution Amounts for Pool Balance at the Close of Business at the end of the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B NotesDue Period; (iv) the Interest Shortfall Carryforward Amounts number, aggregate principal balance, and Realized Loss Amounts for weighted average Mortgage Rate of the Mortgage Loans as of the related Remittance Determination Date (by Class and in the aggregate)number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period; (v) the Available Maximum Subordination Amount for the related Remittance Datenumber and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and (C) REO Properties; (vi) the number and Principal Balances of all Loans which were the subject aggregate amount of Principal Prepayments made during the Due related Prepayment Period; (vii) the aggregate amount of all Curtailments which were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses; (viii) the aggregate amount Certificate Principal Balance of all Excess Payments the Class A-1 Certificates, the Mezzanine Certificates and the amounts of Monthly Payments in respect of principal received during Class O Certificates, after giving effect to the Due Perioddistributions made on such Distribution Date; (ix) the amount of interest received on Unpaid Interest Shortfall Amount, if any, with respect to the LoansClass A-1 Certificates, the Mezzanine Certificates and the Class AIO Certificates for such Distribution Date; (x) the aggregate amount of the Monthly Advances to be made on the Determination any Prepayment Interest Shortfalls for such Distribution Date, to the portion of extent not covered by payments by the Monthly Advances to be deposited in the Note Distribution Account Servicer pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date3.25; (xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LCredit Enhancement Percentage for such Distribution Date; (xii) the Available Funds Cap Carryforward Amount for the Class A-1 Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount of any Realized Losses incurred during the related Due Periodremaining unpaid after reimbursements therefor on such Distribution Date; (xiii) the Available Remittance Amounts respective REMIC Pass-Through Rates applicable to the Class A-1 Certificates, the Mezzanine Certificates and the Class AIO Certificates for such Distribution Date and the REMIC Pass-Through Rate applicable to the Class A-1 Certificates and the Mezzanine Certificates for the Remittance immediately succeeding Distribution Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance Supplemental Interest Payment for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Distribution Date; (xvi) the calculation of the Trigger Event, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the CutClosing Date. The Certificate Administrator may, in the absence of manifest error, conclusively rely upon the Determination Date Report of the Servicer in its preparation of the statement to Certificateholders pursuant to this Section 4.03. The Trustee will make the Distribution Date statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to the Agreement via the Trustee's internet website. The Trustee's internet website shall initially be located at "▇▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can --------------- be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-Off Date▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Distribution Date statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Certificate Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Certificate Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee Certificate Administrator shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Certificate Administrator deems necessary or appropriate. (cd) Within a reasonable period of time after the end of each calendar year, the Servicer Certificate Administrator shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP InterestResidual Certificateholder. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Certificate Administrator pursuant to any requirements of the Code as from time to time in force. (de) Upon reasonable advance notice in writingIn the event that the Certificate Administrator is not the Trustee, no later than noon on the Business Day prior to each Distribution Date, the Servicer will provide Certificate Administrator shall forward, by facsimile transmission, the statement prepared pursuant to paragraph (a) of this Section 4.03, together with all other information reasonably necessary to make the distributions pursuant to Section 4.01 of this Agreement, to the Trustee. On each Class ADistribution Date, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to the Trustee shall make available the information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment contained in the Class ADistribution Date statement available to Certificateholders and other parties to the Agreement, Class M and Class B Notesin accordance with paragraph (a) of this Section 4.03. Neither the Trustee nor the Certificate Administrator shall have any responsibility to (i) verify information provided by the Servicer to be included in such statement or (ii) include any information required to be included in such statement if the Servicer has failed to timely produce such information to the Certificate Administrator, as required pursuant hereto.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Novastar Mortgage Funding Trust Series 2001-1)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on information provided to it by the Determination DateServicer, the Trustee shall make available to each Holder of the Regular Certificates, the Servicer shall deliver and the Rating Agencies, a statement (the "Distribution Date Statement") as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage for such Distribution Amounts for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period[reserved]; (vii) the amount Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and the Bankruptcy Loss Coverage Amount, each as of all Curtailments which were received during the Due Periodrelated Determination Date; (viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due PeriodNet WAC; (ix) the amount number, weighted average remaining term to maturity and weighted average Mortgage Rate of interest received on the LoansMortgage Loans as of the related Due Date; (x) the amount number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the Monthly Advances to be made Close of Business on the Determination Date, the portion last day of the Monthly Advances to be deposited in the Note calendar month preceding such Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date; (xi) the delinquency book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and foreclosure information set forth in cumulative principal balance of all REO Properties as of the form attached hereto as Exhibit LClose of Business of the last day of the preceding Due Period; (xii) the aggregate amount of Principal Prepayments made during the related Prepayment Period; (xiii) any Net WAC Carryover Amount for such Distribution Date and any Net WAC Carryover Amount remaining unpaid after giving effect to the distributions on such Distribution Date; (xiv) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts Period and the GP Remittance Amount payable with respect to the Remittance Datecumulative amount of Realized Losses; (xv) the Class Certificate Principal Balance for of each Class of Certificates (other than the Class A, Class M and Class B Notes X Certificates) and the Pool Class X Certificate Notional Balance of the Class X Certificates after giving effect to the distribution to be any distributions made on the Remittance Date and after allocation of the Applied Realized Loss Amount made thereon on such Remittance Distribution Date; (xvi) the calculation Interest Distributable Amount in respect of each Class of the Trigger EventCertificates, including for such Distribution Date and the various components respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xvii) the Cumulative Realized Lossesaggregate amount of any Prepayment Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date, with respect to the Remittance Dateextent not covered by payments by the Servicer pursuant to Section 3.24 hereof; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance DateAvailable Funds; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account;Pass-Through Rate for each Class of Certificates for such Distribution Date; and (xx) the amount aggregate Principal Balance of all payments and reimbursements to Mortgage Loans purchased by the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) or the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received Seller during the related Due Period; , and indicating the Section of this Agreement requiring or allowing the purchase of each such Mortgage Loan. The Trustee will make the Distribution Date Statement (xxxand, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Reserve Amount for other parties to this Agreement via the related Remittance Date; Trustee's internet website and will forward the Distribution Date Statement to each Rating Agency. The Trustee's internet website shall initially be located at "www.ctslink.com". Assistance in using the website or the fax-on-dem▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ be obtained by calling the Trustee's customer service desk at (xxxi301) claims filed during 815-6600. Parties that are unable to use the Due Period; (xxxii) claims paid during above distributi▇▇ ▇▇▇▇▇▇ ▇▇▇ entitled to have a paper copy mailed to them via first class mail by calling the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requirecustomer service desk and requesting same. The Trustee shall forward have the right to change the way Distribution Date Statements are distributed in order to make such report distribution more convenient and/or more accessible to the Noteholders above parties and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to all the above parties regarding any such changes. The Trustee's obligations pursuant to this Section 4.04 are limited to the extent of its receipt of all necessary information from the Servicer. The Trustee may fully rely upon and shall have no liability with respect to information provided by the telecopyServicer. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc MRT Ln Ps Th CRT Sr 01 Frb1)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer Master Servicer, the Trustee shall deliver prepare and make available to each Holder of the Regular Certificates, the Master Servicer, the Certificate Insurer and the Rating Agencies, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of the Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notesreserved; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Master Servicer with respect to the related Remittance Date Period (by Class separately identifying Servicing Fees and in other servicing compensation) and such other customary information as the aggregate)Trustee reasonably deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DatePeriod; (vi) the number and Principal Balances Pool Balance at the Close of all Loans which were Business at the subject end of Principal Prepayments during the Due related Remittance Period; (vii) the amount number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of all Curtailments which were received during the Due PeriodMortgage Loans as of the related Determination Date; (viii) the number and aggregate amount unpaid Stated Principal Balance of all Excess Payments Mortgage Loans (a) that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each preceding case as of the amounts Close of Monthly Payments in respect Business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date, and (b) the related Mortgaged Properties of which are REO Properties; (ix) the amount total number and cumulative Stated Principal Balance of interest received on all REO Properties as of the LoansClose of Business of the last day of the preceding Prepayment Period; (x) the aggregate amount of Principal Prepayments made during the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Daterelated Prepayment Period; (xi) the delinquency aggregate amount of Realized Losses incurred during the related Prepayment Period and foreclosure information set forth in the form attached hereto as Exhibit Lcumulative amount of Realized Losses; (xii) the aggregate amount of any Realized Losses incurred Subsequent Recoveries received during the related Due Period;Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date (xiii) the Available Remittance Amounts for aggregate Certificate Principal Balance of each Class of Regular Certificates after giving effect to the Remittance Datedistributions, and allocations of Realized Losses, made on such Distribution Date separately identifying any reduction thereof due to allocations of Realized Losses (in the aggregate case of the Subordinated Certificates and by componentthe Class C Certificates); (xiv) the Reimbursable Amounts and Certificate Factor for each Class of the GP Remittance Amount payable with respect Regular Certificates applicable to the Remittance such Distribution Date; (xv) the Accrued Certificate Interest for the Class Principal Balance for each Class of Class AA Certificates, Class M and Class B Notes the Subordinated Certificates and the Pool Balance after giving effect Class C Certificates for such Distribution Date and Unpaid Interest Shortfall Amount, if any, with respect to the distribution to be made on Class A Certificates and the Remittance Date and after allocation of the Applied Realized Loss Amount made on Subordinated Certificates for such Remittance Distribution Date; (xvi) the calculation aggregate amount of the Trigger Event, including the various components thereofany Net Prepayment Interest Shortfalls for such Distribution Date; (xvii) the Cumulative Realized Losses, with respect to the Remittance aggregate amount of any Relief Act Interest Shortfalls for such Distribution Date; (xviii) the amount, if any, by which Overcollateralized Amount and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Excess Overcollateralization Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium AccountCredit Enhancement Percentage for such Distribution Date; (xx) the Net WAC Rate Carryover Amount for the Class A Certificates and the Subordinated Certificates, if any, for such Distribution Date and the amount of all remaining unpaid after payments and reimbursements to from the Servicer Excess Reserve Fund Account are made pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f4.01(e); (xxi) when the Class Factor for each Class determined using the balances Stepdown Date has occurred and when a Trigger Event is in subclause (xv) aboveeffect; (xxii) the weighted average Loan Interest Rate deposits to and withdrawals from the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Excess Reserve Fund Account on such Distribution Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]the Available Funds for such Distribution Date; (xxiv) the Spread Amount respective Pass-Through Rates applicable to the Class A Certificates, the Subordinated Certificates and the Specified Subordinated Amount Class C Certificates for such Remittance Distribution Date and the respective Pass-Through Rates applicable to the Class A Certificates and the Subordinated Certificates for the immediately succeeding Distribution Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss aggregate Notional Amount and Unpaid Realized Loss Amount for each Class as of the close of Class C Certificates, in each case after giving effect the reductions thereof to occur on such Remittance Distribution Date; (xxvi) the Accelerated Principal Distribution amount of the Reimbursement Amount for such Remittance Distribution Date and the amount received by the Certificate Insurer in respect thereof on such Distribution Date; (xxvii) Reserved;reserved; and (xxviii) the amount to be deposited into due under the FHA Premium Account on the related Remittance Date Corridor Agreement and the amount reimbursable to amounts received under the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requireCorridor Agreement. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the Master Servicer, the Trustee, the Certificate Insurer and the Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall forward initially be located at https://www.tss.db.com/invr. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at 1-800-735-7777. Parties that are unable to use the above distribution options ar▇ ▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇ ▇ ▇▇▇▇▇ copy mailed to them via first class mail by calling the customer service desk and indicating suc▇. ▇▇▇ ▇▇▇▇▇▇▇ shall have the right to change the way such report statements are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders above parties and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall above parties regarding any such changes. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per $1,000 original dollar amount as hypothetical Certificate having an initial Certificate Principal Balance or Notional Amount (in the case of the Cut-Off DateClass C Certificates) equal to $1,000. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) time. On each Remittance Distribution Date, the Trustee shall forward make available to the Owner Trustee, for distribution to the Holder of the GP Interest, Class R Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Trustee deems necessary or appropriate. (c) . Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP InterestClass R Certificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing. The Trustee shall maintain at its Corporate Trust Office and shall make available free of charge during normal business hours for review by any Certificateholder, Certificate Owner or any Person identified to the Servicer will provide to each Class ATrustee as a prospective transferee of a Certificate, Class M and Class B Noteholder which is a savings and loan association, bank originals or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations copies of the Office of Thrift Supervision following items: (i) the private placement memorandum or other regulatory authorities with respect disclosure document relating to investment such Certificates, if any, in the form most recently provided to the Trustee; and (ii) in all cases, (A) this Agreement and any amendments hereof entered into pursuant to Section 11.01, (B) all monthly statements required to be delivered to Certificateholders of the relevant Class Apursuant to this Section 4.02 since the Closing Date, and all other notices, reports, statements and written communications delivered to the Certificateholders of the relevant Class M pursuant to this Agreement since the Closing Date, (C) all certifications delivered by a Responsible Officer of the Trustee since the Closing Date pursuant to Section 9.01(h) and Class B Notes(D) any and all Officers’ Certificates delivered to the Trustee by the Master Servicer since the Closing Date to evidence the Master Servicer’s determination that any Advance or Servicing Advance was, or if made, would be a Nonrecoverable Advance or Nonrecoverable Servicing Advance, respectively. Copies and mailing of any and all of the foregoing items will be available from the Trustee upon request at the expense of the person requesting the same.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Indymac Residential Mortgage-Backed Trust, Series 2005-L3)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Seller, the Master Servicer and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer and each Servicer (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period[reserved]; (vii) the amount Loan Group Balance, the Non-PO Loan Group Balance and related Net WAC for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Period[reserved]; (ix) the amount of interest received on the Loans[reserved]; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date[reserved]; (xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates; (xvi) the calculation Class Certificate Principal Balance or Class Certificate Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesMonthly Interest Distributable Amount and the Interest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group; (xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan; (xxii) the weighted average current and cumulative PO Recoveries allocable to Loan Interest Rate Group 1 and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodGroup 2; (xxiii) [Reserved]; current and cumulative Recoveries allocable to each Loan Group. The Securities Administrator will make the Distribution Date Statement (xxivand, at its option, any additional files containing the same information in an alternative format) the Spread Amount available each month to Certificateholders and the Specified Subordinated Amount for other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such Remittance Date; (xxv) reports are distributed in order to make such distribution more convenient and/or more accessible to the amount of any Applied Realized Loss Amountparties, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable Securities Administrator shall provide timely and adequate notification to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward all parties regarding any such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc)

Statements. Each month, not later than 12:00 noon New York time on the Determination Date(a) Concurrently with each distribution to Securityholders, the Servicer Trust Administrator shall deliver make available to each Securityholder, the TrusteeSeller, by telecopythe Cap Provider, for distribution to the Noteholders, and the Owner Trustee for distribution and the Rating Agency, a statement based on loan-level information provided to the CertificateholdersMaster Servicer by the Servicer (the “Payment Date Statement”) as to the distributions to be made or made, as applicable, on such Payment Date. Information in the receipt and legibility of which Payment Date Statement relating to or based on amounts available in the Cap Account shall be confirmed telephonically, with hard copy thereof and based on information provided by the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) Cap Provider regarding distributions to be delivered on made for the Business Day following related Payment Date pursuant to the Determination Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Cap Agreement, and . The Payment Date Statement will include the following: (i) the Available Remittance Amounts for aggregate amount of the related Remittance Datepayment to be made on such Payment Date to the Holders of each Class of Notes, to the extent applicable, allocable to principal; (ii) the Class Principal Balances for aggregate amount of the payment to be made on such Payment Date to the Holders of each Class of Class A, Class M Notes allocable to interest and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notescalculation thereof; (iii) the Principal Distribution Amounts for amount, if any, of any distribution to the related Remittance Date, in Holders of the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B NotesTrust Certificate; (ivA) the Interest Shortfall Carryforward Amounts aggregate amount of any Monthly Advances required to be made by or on behalf of the Servicer (or the Master Servicer) with respect to such Payment Date, (B) the aggregate amount of such Monthly Advances actually made, and Realized Loss Amounts for (C) the related Remittance Date amount, if any, by which (by Class and in the aggregate)A) above exceeds (B) above; (v) the Available Maximum Subordination Amount for total number of Mortgage Loans in the aggregate and the aggregate Scheduled Principal Balance, after giving effect to payments of principal reported under clause (i) above, in each case at the close of business at the end of the related Remittance DateDue Period; (vi) the number and Class Principal Balances Amount of all Loans which were each Class of Notes, to the subject extent applicable, as of Principal Prepayments during the Due Periodsuch Payment Date after giving effect to payments allocated to principal reported under clause (i) above; (vii) the amount of all Curtailments which were received during any Realized Losses incurred with respect to the Due PeriodMortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date; (viii) the aggregate amount of all Excess Payments the Master Servicing Fees and the amounts of Monthly Payments in respect of principal received Servicing Fees paid during the Due PeriodPeriod to which such distribution relates; (ix) the amount number and aggregate Scheduled Principal Balance of interest received Mortgage Loans, (a) delinquent 30 to 59 days on a contractual basis, (b) delinquent 60 to 89 days on a contractual basis, (c) delinquent 90 or more days on a contractual basis, (d) as to which foreclosure proceedings have been commenced in the month in which such Payment Date occurs, in each case as of the close of business on the Loanslast Business Day of the calendar month immediately preceding, (e) in bankruptcy and (f) that are REO Properties; (x) the amount aggregate Scheduled Principal Balance of any Mortgage Loans with respect to which the related Mortgaged Property became a REO Property as of the Monthly Advances to be made close of business on the Determination Date, the portion last Business Day of the Monthly Advances to be deposited calendar month immediately preceding the month in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Datewhich such Payment Date occurs; (xi) the delinquency and foreclosure information set forth with respect to substitution of Mortgage Loans in the form attached hereto as Exhibit Lpreceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualified Substitute Mortgage Loan; (xii) the amount of any Realized Losses incurred during the related Due PeriodBasis Risk Shortfall and Unpaid Basis Risk Shortfall, if any, with respect to each Class of Notes, after giving effect to payments made on such Payment Date; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by componentNote Interest Rate applicable to such Payment Date with respect to each Class of Notes; (xiv) the Reimbursable Amounts Interest Remittance Amount and the GP Principal Remittance Amount payable with respect applicable to the Remittance such Payment Date; (xv) the Class Overcollateralization Amount, the Overcollateralization Deficiency, if any, the Principal Balance for each Class of Class A, Class M and Class B Notes Distribution Amount and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Extra Principal Distribution Amount made on for such Remittance Payment Date; (xvi) with respect to the calculation of Class M-1 and Class M-2 Certificates, the Trigger EventDeferred Interest and Principal Deficiency Amount, including the various components thereofif any, for each such Class; (xvii) the Cumulative Realized Losses, with respect to level of LIBOR for the Remittance Accrual Period for the current Payment Date and the level of LIBOR for the Accrual Period for the next Payment Date;; and (xviii) any Cap Payments made for such period, the amountnotional balance on the Cap Agreement and the Excess Cap Amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Payment Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (iii), (viiiii) and (xiiivi) above, the amounts shall also be expressed in a separate section of the report as a dollar amount for each Note per $1,000 of original dollar principal amount as of Notes. The Trust Administrator will make the CutPayment Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders and the other parties to this Agreement via the Trust Administrator’s internet website. The Trust Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Trust Administrator’s customer service desk at (▇▇▇) ▇▇▇-Off Date▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trust Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the parties, and the Trust Administrator shall provide timely and adequate notification to all parties regarding any such change. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trust Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ASecurityholder, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing aggregate payment information necessary to enable Holders of the information set forth in subclauses (ix), (xiii), (xix) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderSecurities to prepare their tax returns. Such obligation of the Servicer Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trust Administrator to Securityholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearPayment Date, the Servicer Trust Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Sale and Servicing Agreement (New York Mortgage Trust 2005-2)

Statements. (a) Each month, not later than 12:00 noon New York time on the Determination Date, the Servicer Certificate Administrator shall deliver to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered on the Business Day following the Determination Date, prepare a certificate report signed by a Servicing Officer an officer of the Certificate Administrator (a "ServicerCertificate Administrator's CertificateReport") stating the date (day, month and year), the Series numbernumber of the Certificates, the date of this Agreement, and the following:following (based solely on the information received from the Servicer in the Servicer's monthly computer tape): (i) the Available Remittance Amounts Funds for the related Remittance Distribution Date; (ii) the Class Principal Balances for each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, Certificates or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B NotesCertificates; (iii) the Principal Distribution Amounts for the related Remittance Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B NotesCertificates; (iv) the Interest Shortfall Carryforward Amounts Overcollateralization Amount and Realized Loss Amounts Targeted Overcollateralization Amount for the related Remittance Date (by Class and in the aggregate)Distribution Date; (v) the Available Maximum Subordination Amount for the related Remittance Date; (vi) the number and Principal Balances of all Mortgage Loans which were the subject of Principal Prepayments during the Due Collection Period; (viivi) the amount of all Curtailments which were received during the Due Collection Period; (viiivii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Collection Period; (ixviii) the amount of interest received on the Mortgage Loans; (xix) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Certificate Account pursuant to Section 7.01(a)(ii6.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date; (xix) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LI; (xiixi) the amount of any Realized Losses incurred during the related Due Collection Period; (xii) the Current Interest for the Distribution Date for each Class of Certificates and any Interest Shortfall Carryforward Amount relating to each Class of Certificates; (xiii) the Available Remittance Reimbursable Amounts for and amounts payable to the Remittance Class X Certificates pursuant to Sections 6.04(d) with respect to the Distribution Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes Certificates and the Pool Principal Balance after giving effect to the distribution to be made on the Remittance Distribution Date and after allocation of the Applied Realized Loss Amount Losses made on such Remittance Distribution Date; (xv) the Cumulative Realized Losses with respect to the Distribution Date; (xvi) the calculation of Supplemental Interest Amount for the Trigger Event, including Class A-2 Certificates with respect to the various components thereofDistribution Date; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xxxviii) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b5.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxiixix) the weighted average Loan maturity and weighted average Mortgage Interest Rate and of the weighted average Class Adjusted Loan Remittance Rates, in each case Mortgage Loans for the related Remittance DateCollection Period, and the weighted average Loan Mortgage Interest Rate for the prior three month period; (xx) the Pass-Through Rate for each Class of Certificates with respect to the Distribution Date and if the Pass-Through Rate for any Class of Certificates was based on the Pool Cap (or in the case of the Class A-2 Certificates, the Fixed Cap), what it would have been without regard to the Pool Cap (or Fixed Cap); (xxi) the rate of LIBOR with respect to the Distribution Date; (xxii) the Pool Cap with respect to the Distribution Date; (xxiii) [Reserved]if the Pass-Through Rate for the Class A-2 Certificates for such Distribution Date is based on the Fixed Cap, the amount of any remaining Supplemental Interest Amount for such Class after any Supplemental Interest Payments are made for such Distribution Date; (xxiv) with respect to the Spread Class A-2 Certificates, the amount of the distribution, if any, allocable to Supplemental Interest Amount and the Specified Subordinated amount of any Supplemental Interest Amount for all prior Distribution Dates after giving effect to such Remittance Datedistribution; (xxv) whether the Trigger Event is in effect; (xxvi) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for with respect to each Class of Certificates, the amount of Realized Losses for the related Collection Period with respect to the Mortgage Loans, and the amount of Cumulative Realized Losses on the Mortgage Loans as of the close of such Remittance Distribution Date; (xxvixxvii) the amount of the Accelerated Principal Distribution Amount for such Remittance Distribution Date; (xxvii) Reserved; (xxviii) the amount to be deposited into number and Principal Balance of all Defaulted Mortgage Loans purchased during the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i)Collection Period; (xxix) the amount of FHA Payments and Related Payments received during Overcollaterization Amount for the related Due Periodapplicable Distribution Date; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such such other information as the Noteholders or Certificateholders Trustee may reasonably require. The Certificate Administrator will make the report to Certificateholders available each month via the Certificate Administrator's internet website. The Certificate Administrator's internet website will initially be located at "www.firstlinkabs.com". Assistance in using the website can be obtaine▇ ▇▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇tificate Administrator's customer service desk at 704-383-9568. Parties that are unable to use the above distribution m▇▇▇▇▇ ▇▇▇ ▇▇titled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall forward such report to the Noteholders and the Owner Trustee Certificateholders on the Remittance Distribution Date, together together, if requested by a Certificateholder, with a separate report indicating the amount of funds deposited in the Note Distribution Certificate Account pursuant to Section 7.01(a)(iv6.01(a); and the amounts which are reimbursable to the Servicer or the RepresentativeSeller, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii6.02(c)(i) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator6.02(c)(ii). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the discretion of the Certificate Administrator, in the case of certain information furnished pursuant to subclauses (ii), (viii) and (xiii) abovethe above provisions, the amounts shall be expressed in a separate section Section of the report as a dollar amount for each Note Class per $1,000 25,000 original dollar amount as of the Cut-Off Date. Each month, not later than the third Business Day prior to the Determination Date occurring in such month, the Servicer shall deliver to the Certificate Administrator the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit J (both in hard copy and in computer tape form). The Certificate Administrator may rely fully upon and shall have no liability with respect to any information provided to it by the Servicer. The Certificate Administrator shall not be obligated to verify, recompute, reconcile or confirm any information contained in the Servicer's Monthly Computer Tape or otherwise provided by the Servicer. In making any payments or distributions required to be made by them pursuant to any of the provisions hereof, the Certificate Administrator shall make such payments and distributions based solely upon the information contained in the Servicer's Monthly Computer Tape or, if such information is not included in the Servicer's Monthly Computer Tape, upon written instructions of the Servicer. The Trustee may rely fully upon and shall have no liability with respect to any such information provided to it by the Servicer or the Certificate Administrator. The Trustee shall not be obligated to verify, recompute, reconcile or confirm any information contained in any Certificate Administrator's Report or otherwise provided by the Certificate Administrator or the Servicer. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer Certificate Administrator shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Certificateholder and who so requests the amount of interest and principal distributed with respect to each Class A, Class M and Class B Noteholder of Certificates plus such other customary information as is reasonably the Certificate Administrator determines to be necessary and/or required by the Internal Revenue Service to provide enable the Certificateholders to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xix) and (xxxv), above, aggregated prepare their tax returns for such calendar year or applicable portion thereof during which such Person was a Noteholderyear. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer Certificate Administrator pursuant to any requirements of the Code as from time to time are in force. (bc) On each Remittance Distribution Date, the Trustee Certificate Administrator shall forward make available to the Owner Trustee, for distribution to the Holder of the GP Interest, Class X and Class R Certificateholders a copy of the report forwarded to the Noteholder Certificateholders in respect of such Remittance Date Distribution Date, as the case may be, and a statement statement, prepared by the Servicer or the Certificate Administrator, setting forth the amounts actually distributed to the Holder of the GP InterestClass X and Class R Certificateholders, on such Remittance Distribution Date together with such other information as the Servicer or Certificate Administrator provides and deems necessary or appropriate. (cd) Within a reasonable period of time after the end of each calendar year, the Servicer Certificate Administrator shall furnish to the Trustee, with a copy to the Owner Trustee for distribution distribute to each Person who at any time during the calendar year was a Holder of the GP Interest Class X or Class R Certificateholder and who so requests such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP InterestClass X or R Certificateholder, as applicable. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer Certificate Administrator pursuant to any requirements of the Code as from time to time in force. (de) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder Certificateholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Mortgage Loans sufficient to permit such Class A, Class M and Class B Noteholder Certificateholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class ACertificates. (f) The Servicer shall furnish to each Certificateholder, Class M during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be necessary, reasonable, or appropriate with respect to the Certificateholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and Class B Notesin accordance with such applicable instructions and directions as the Certificateholder may reasonably require; provided, that the Servicer shall be entitled to be reimbursed by such Certificateholder for the Servicer's actual expenses incurred in providing such reports if such reports are not producible in the ordinary course of the Servicer's business. (g) The Certificate Administrator shall, on behalf of the Trust Fund, prepare, sign and file with the Securities and Exchange Commission any and all reports, statements and information respecting the Trust which the Depositor determines are required to be filed with the Securities and Exchange Commission pursuant to Sections 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, each such report, statement and information to be filed on or prior to the required filing date for such report, statement or information. Upon the request of the Certificate Administrator, each of the Servicer and the Depositor shall cooperate with the Certificate Administrator in the preparation of any such report and shall provide to the Certificate Administrator in a timely manner all such information or documentation as the Certificate Administrator may reasonably request in connection with the performance of its duties and obligations under this Section 6.06(g).

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Residential Asset Funding Corp)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on the Determination DateMortgage Loan information contained in the Remittance Report, the Servicer Trustee shall deliver prepare and post on its website at www.jpmorgan.com/sfr, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the followingsuch ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal or reduction of Notional Amount, separately identified; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to interest or Class AX Distributable Amount, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified; (iii) the Principal Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Targeted Overcollateralization Amount as of such Distribution Amounts Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for the related Remittance such Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class and in the aggregate)Collection Period; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateCollection Period; (vi) the number Pool Balance and Principal Balances the Loan Group Balance for each Loan Group at the close of all Loans which were business at the subject end of Principal Prepayments during the Due related Collection Period; (vii) separately stated for each Loan Group, the amount number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of all Curtailments which were received during the Mortgage Loans as of the related Due PeriodDate; (viii) separately stated for each Loan Group, the number and aggregate amount unpaid principal balance of all Excess Payments Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the amounts close of Monthly Payments in respect business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date; (ix) separately stated for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the amount preceding calendar month, the loan 103 number of interest received on such Mortgage Loan, the Loansunpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property; (x) separately stated for each Loan Group, the amount book value of any REO Property as of the Monthly Advances to be made close of business on the Determination last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the portion total number and cumulative principal balance of all REO Properties as of the Monthly Advances to be deposited in close of business of the Note Distribution Account pursuant to Section 7.01(a)(ii), and last day of the Compensating Interest payment to be made on the Determination Datepreceding Collection Period; (xi) separately stated for each Loan Group, the delinquency and foreclosure information set forth in aggregate amount of Principal Prepayments made during the form attached hereto as Exhibit Lrelated Prepayment Period; (xii) the aggregate amount of any prepayment penalties collected (including amounts deposited in connection with the full or partial waiver of such prepayment penalties pursuant to Section 3.01) during the related Collection Period and the amounts thereof allocable to the Class N Certificates and the Class X Certificates; (xiii) separately stated for each Loan Group, the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) Collection Period and the Available Remittance Amounts for the Remittance Date, in the aggregate and by componentcumulative amount of Realized Losses; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect Certificate Principal Balance, or Notional Amount, as applicable, of each Class of Certificates, after giving effect to the Remittance distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts; (xv) the Class Principal Balance for Accrued Certificate Interest in respect of each Class of Class A, Class M Offered Certificates and Class B Notes B-4 Certificates for such Distribution Date, separately identifying the portions thereof attributable to LIBOR Carryover Amounts, and the Pool Balance after giving effect to respective portions thereof, if any, remaining unpaid following the distribution to be distributions made on the Remittance Date and after allocation in respect of the Applied Realized Loss Amount made such Certificates on such Remittance Distribution Date; (xvi) the calculation aggregate amount of the Trigger Eventany Prepayment Interest Shortfalls for such Distribution Date, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, extent not covered by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to by the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)3.23; (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiiixvii) [Reserved]; (xviii) [Reserved]; (xix) the amount of the Trustee Fee paid; (xx) the LIBOR Carryover Amounts distributed on such Distribution Date and the portion thereof covered by withdrawals from the Reserve Account and the amounts remaining after giving effect to distributions thereof on such Distribution Date; (xxi) any Overcollateralization Deficiency after giving effect to the distribution of principal on such Distribution Date; (xxii) whether a Trigger Event has occurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance; (xxiii) the Available Funds; (xxiv) the Spread Amount and the Specified Subordinated Amount rate at which interest accrues for each Class of Certificates for such Remittance Distribution Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount Liquidation Report for each Class as of the close of such Remittance Distribution Date; (xxvi) the Accelerated aggregate Principal Distribution Amount for Balance of Mortgage Loans purchased by the Servicer or Seller during the related Collection Period and indicating the Section of this Agreement requiring or allowing the purchase of each such Remittance Date;Mortgage Loan; and (xxvii) Reserved; (xxviii) the amount to be deposited into aggregate Principal Balance of the FHA Premium Account on the related Remittance Date and the amount reimbursable to Mortgage Loans repurchased by the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxixor an affiliate) the amount of FHA Payments and Related Payments received during the related Due Period; Collection Period in connection with Section 3.16. Parties that are unable to use http://www.jpmorgan.com/sfr are entitled to have a paper copy mailed t▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ by calling the Trustee at (xxx212) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require623-5600 and indicating such. The Trustee shall forward have the right t▇ ▇▇▇▇▇▇ ▇▇▇ ▇ay such report statements are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders above parties and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to all above parties regarding any such changes. The Trustee may fully rely upon and shall have no liability with respect to information with respect to the telecopyMortgage Loans provided by the Servicer. In the case of information furnished pursuant to subclauses (ii), i) through (viii) and (xiiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ixi), (xiiiii), (xixxv) and (xxxv), xx) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward make available to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report forwarded reports made available to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Trustee deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Residual 105 Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to each Certificateholder, the Sponsor, and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Servicers (the “Distribution Date Statement”) as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts aggregate amount of servicing compensation received by the Servicers and Realized Loss Amounts for the Master Servicer during the related Remittance Date (by Class and in the aggregate)Due Period; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due PeriodPool Balance for such Distribution Date; (vii) the amount Net Maximum Rate Cap, the Net WAC and the applicable Net WAC Cap at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) the aggregate amount Principal Balance of all Excess Payments and the amounts One-Month MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) the amount aggregate Principal Balance of interest received on the LoansOne-Month LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date[Reserved]; (xi) the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month, in each case, using the MBA method; (xiii) the book value (if available) of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of Principal Prepayments made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period and the cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to each Class of Certificates; (xvi) the Class Principal Balance or Class Notional Balance, as applicable, of each Class of Certificates after giving effect to any distributions made thereon, on such Distribution Date; (xvii) the Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of each Class of Certificates, for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xviii) the aggregate amount of any Realized Losses incurred Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date; (xix) the Available Funds; (xx) the Pass-Through Rate and Adjusted Cap Rate for each Class of Certificates for such Distribution Date; (xxi) the aggregate Principal Balance of Mortgage Loans purchased hereunder by the Sponsor or an Originator, as applicable, during the related Due Period; (xiiixxii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect current Recoveries allocable to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date; (xvi) the calculation of the Trigger Event, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodMortgage Loans; (xxiii) [Reserved]cumulative Recoveries allocable to the Mortgage Loans; (xxiv) the Spread Amount amount of any Basis Risk Shortfall, if any, and the Specified Subordinated Amount for such Remittance Daterelated accrued interest thereon; (xxv) the amount of any Applied Realized Loss AmountDeferred Interest and Net Deferred Interest, Realized Loss Amount and Unpaid Realized Loss Amount if any, for each Class as of the close of such Remittance DateMortgage Loans; (xxvi) the Accelerated amount of Net Deferred Interest, if any, added to the Class Principal Distribution Amount for such Remittance DateBalance of the related Certificates; (xxvii) Reservedthe amount of any Class X Distributable Amount and the Class ES Distributable Amount; (xxviii) the amount to be of any Final Maturity Reserve Amount deposited into in the FHA Premium Account Final Maturity Reserve Account, the total amount on deposit therein after such deposit, and, on the related Remittance earlier of the Distribution Date in July 2036 and the termination of the Trust Fund, the amount reimbursable to the Servicer distributed from the FHA Premium Final Maturity Reserve Account pursuant to Section 7.03(b)(i);each Class of Certificates; and (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requireLender-Paid Insurance Fee Rate. The Trustee Securities Administrator shall forward make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ixi), (xiii), (xixii) and (xxxv), iv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Luminent 2006-5)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Certificate Insurer, the Seller, the Master Servicer and the Rating Agency, a statement based, as applicable, on the Remittance Report obtained from the Master Servicer (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes[Reserved]; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for the related Remittance Date (by Class and in the aggregate); (v) the Available Maximum Subordination Amount for the related Remittance Date; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period; (vii) the amount of all Curtailments which were servicing compensation received during by the Due Period; (viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Period; (ix) the amount of interest received on the Loans; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date; (xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (xii) the amount of any Realized Losses incurred Servicer during the related Due Period; (xiiiv) the Available Remittance Amounts aggregate amount of Advances for the Remittance related Due Period and the amount of unreimbursed Advances; (vi) [Reserved]; (vii) the Loan Group Balance and related Net WAC for each Loan Group at the Close of Business at the end of the related Due Period; (viii) [Reserved]; (ix) for each Loan Group, the aggregate Principal Balance of the One-Month LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (x) for each Loan Group, the aggregate Principal Balance of the MTA Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (xi) for each Loan Group, the number, weighted average remaining term to maturity and weighted average Loan Rate of the related Mortgage Loans as of the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and by componentfor each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable aggregate amount of Principal Prepayments with respect to each Loan Group made during the Remittance Daterelated Prepayment Period; (xv) the Class Principal Balance for each Class aggregate amount of Class A, Class M and Class B Notes Realized Losses incurred during the related Due Period and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation cumulative amount of the Applied Realized Loss Amount made on such Remittance DateLosses; (xvi) the calculation Class Certificate Principal Balance of the Trigger Eventeach Class of Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group; (xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan; (xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(d); (xxiii) [Reserved]the amount of any Basis Risk Shortfall, if any, and the related accrued interest thereon, with respect to the LIBOR Certificates; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date[reserved]; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date[reserved]; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date[reserved]; (xxvii) Reservedfor each Loan Group, the amount of Deferred Interest and Net Deferred Interest, if any, for such Loan Group; (xxviii) the amount of Net Deferred Interest, if any, added to be deposited into the FHA Premium Account on Certificate Principal Balance of the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i)Certificates; (xxix) the amount of FHA Payments and Related Payments received during the related Due Periodcurrent Recoveries allocable to each Loan Group; (xxx) the Reserve Amount for the related Remittance Datecumulative Recoveries allocable to each Loan Group; (xxxi) claims filed during the Due Periodamount of the Certificate Insurer Reimbursement Amount, if any; (xxxii) claims the Deficiency Amount, if any, to be paid during by the Due PeriodCertificate Insurer; (xxxiii) claims denied by the FHA during the Due PeriodOvercollateralization Amount for that Distribution Date; (xxxiv) claims pending payment by the FHA during the Due Period; andOvercollateralization Target Amount for that Distribution Date (xxxv) Such other information as for each Loan Group, the Noteholders or Certificateholders may reasonably requireaggregate minimum amount of payments required to be made in respect of interest and principal on the Mortgage Loans. The Trustee Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall forward initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to Certificate Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2005-Ar6)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on the Determination DateMortgage Loan information contained in the Remittance Report, the Servicer Trustee shall deliver prepare and post on its website at ▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal or reduction of Notional Amount, separately identified; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to interest or Class AX Distributable Amount, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified; (iii) the Principal Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Targeted Overcollateralization Amount as of such Distribution Amounts Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for the related Remittance such Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class and in the aggregate)Collection Period; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateCollection Period; (vi) the number Pool Balance and Principal Balances the Loan Group Balance for each Loan Group at the close of all Loans which were business at the subject end of Principal Prepayments during the Due related Collection Period; (vii) separately stated for each Loan Group, the amount number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of all Curtailments which were received during the Mortgage Loans as of the related Due PeriodDate; (viii) separately stated for each Loan Group, the number and aggregate amount unpaid principal balance of all Excess Payments Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the amounts close of Monthly Payments in respect business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date; (ix) separately stated for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the amount preceding calendar month, the loan number of interest received on such Mortgage Loan, the Loansunpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property; (x) separately stated for each Loan Group, the amount book value of any REO Property as of the Monthly Advances to be made close of business on the Determination last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the portion total number and cumulative principal balance of all REO Properties as of the Monthly Advances to be deposited in close of business of the Note Distribution Account pursuant to Section 7.01(a)(ii), and last day of the Compensating Interest payment to be made on the Determination Datepreceding Collection Period; (xi) separately stated for each Loan Group, the delinquency and foreclosure information set forth in aggregate amount of Principal Prepayments made during the form attached hereto as Exhibit Lrelated Prepayment Period; (xii) the aggregate amount of any prepayment penalties collected (including amounts deposited in connection with the full or partial waiver of such prepayment penalties pursuant to Section 3.01) during the related Collection Period and the amounts thereof allocable to the Class N Certificates and the Class X Certificates; (xiii) separately stated for each Loan Group, the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) Collection Period and the Available Remittance Amounts for the Remittance Date, in the aggregate and by componentcumulative amount of Realized Losses; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect Certificate Principal Balance, or Notional Amount, as applicable, of each Class of Certificates, after giving effect to the Remittance distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts; (xv) the Class Principal Balance for Accrued Certificate Interest in respect of each Class of Class AOffered Certificates for such Distribution Date, Class M and Class B Notes separately identifying the portions thereof attributable to Carryover Amounts, and the Pool Balance after giving effect to respective portions thereof, if any, remaining unpaid following the distribution to be distributions made on the Remittance Date and after allocation in respect of the Applied Realized Loss Amount made such Certificates on such Remittance Distribution Date; (xvi) the calculation aggregate amount of the Trigger Eventany Prepayment Interest Shortfalls for such Distribution Date, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, extent not covered by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to by the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)3.23; (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiiixvii) [Reserved]; (xviii) [Reserved]; (xix) the amount of the Trustee Fee paid; (xx) the Carryover Amounts distributed on such Distribution Date and the amounts remaining after giving effect to distributions thereof on such Distribution Date; (xxi) any Overcollateralization Deficiency after giving effect to the distribution of principal on such Distribution Date; (xxii) whether a Trigger Event has occurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance; (xxiii) the Available Funds; (xxiv) the Spread Amount and the Specified Subordinated Amount rate at which interest accrues for each Class of Certificates for such Remittance Distribution Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount Liquidation Report for each Class as of the close of such Remittance Distribution Date; (xxvi) the Accelerated aggregate Principal Distribution Amount for Balance of Mortgage Loans purchased by the Servicer or Seller during the related Collection Period and indicating the Section of this Agreement requiring or allowing the purchase of each such Remittance Date;Mortgage Loan; and (xxvii) Reserved; (xxviii) the amount to be deposited into aggregate Principal Balance of the FHA Premium Account on the related Remittance Date and the amount reimbursable to Mortgage Loans repurchased by the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxixor an affiliate) the amount of FHA Payments and Related Payments received during the related Due Period; Collection Period in connection with Section 3.16. Parties that are unable to use ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/abs are entitled to have a paper copy mailed to them via first class mail by calling the Trustee at (xxx▇▇▇) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require▇▇▇-▇▇▇▇ and indicating such. The Trustee shall forward have the right to change the way such report statements are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders above parties and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to all above parties regarding any such changes. The Trustee may fully rely upon and shall have no liability with respect to information with respect to the telecopyMortgage Loans provided by the Servicer. In the case of information furnished pursuant to subclauses (ii), i) through (viii) and (xiiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ixi), (xiiiii), (xixxv) and (xxxv), xx) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward make available to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report forwarded reports made available to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Trustee deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Residual Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on the Determination DateMortgage Loan information contained in the Remittance Report, the Servicer Trustee shall deliver prepare and post on its website at http://www.jpmorgan.com/sfr, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal or reduction of Notional Amount, separately identified; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to interest or Class AX Distributable Amount, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified; (iii) the Principal Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Targeted Overcollateralization Amount as of such Distribution Amounts Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for the related Remittance such Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class and in the aggregate)Collection Period; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateCollection Period; (vi) the number Pool Balance and Principal Balances the Loan Group Balance for each Loan Group at the close of all Loans which were business at the subject end of Principal Prepayments during the Due related Collection Period; (vii) separately stated for each Loan Group, the amount number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of all Curtailments which were received during the Mortgage Loans as of the related Due PeriodDate; (viii) separately stated for each Loan Group, the number and aggregate amount unpaid principal balance of all Excess Payments Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the amounts close of Monthly Payments in respect business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date; (ix) separately stated for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the amount preceding calendar month, the loan number of interest received on such Mortgage Loan, the Loansunpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property; (x) separately stated for each Loan Group, the amount book value of any REO Property as of the Monthly Advances to be made close of business on the Determination last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the portion total number and cumulative principal balance of all REO Properties as of the Monthly Advances to be deposited in close of business of the Note Distribution Account pursuant to Section 7.01(a)(ii), and last day of the Compensating Interest payment to be made on the Determination Datepreceding Collection Period; (xi) separately stated for each Loan Group, the delinquency and foreclosure information set forth in aggregate amount of Principal Prepayments made during the form attached hereto as Exhibit Lrelated Prepayment Period; (xii) the aggregate amount of any prepayment penalties collected (including amounts deposited in connection with the full or partial waiver of such prepayment penalties pursuant to Section 3.01) during the related Collection Period and the amounts thereof allocable to the Class N Certificates and the Class X Certificates; (xiii) separately stated for each Loan Group, the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) Collection Period and the Available Remittance Amounts for the Remittance Date, in the aggregate and by componentcumulative amount of Realized Losses; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect Certificate Principal Balance, or Notional Amount, as applicable, of each Class of Certificates, after giving effect to the Remittance distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts; (xv) the Class Principal Balance for Accrued Certificate Interest in respect of each Class of Class AFixed-Rate and Floating Rate Certificates for such Distribution Date, Class M and Class B Notes separately identifying the portions thereof attributable to Cap Carryover Amounts, and the Pool Balance after giving effect to respective portions thereof, if any, remaining unpaid following the distribution to be distributions made on the Remittance Date and after allocation in respect of the Applied Realized Loss Amount made such Certificates on such Remittance Distribution Date; (xvi) the calculation aggregate amount of the Trigger Eventany Prepayment Interest Shortfalls for such Distribution Date, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, extent not covered by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to by the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)3.23; (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiiixvii) [Reserved]; (xviii) [Reserved]; (xix) the amount of the Trustee Fee paid; (xx) the Cap Carryover Amounts distributed on such Distribution Date and the portion thereof constituting Cap Carryover Amounts, the amount of all Cap Carryover Amounts covered by withdrawals from the Reserve Accounts and the amounts remaining after giving effect to distributions thereof on such Distribution Date; (xxi) any Overcollateralization Deficiency after giving effect to the distribution of principal on such Distribution Date; (xxii) whether a Trigger Event has occurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance; (xxiii) the Available Funds; (xxiv) the Spread Amount and the Specified Subordinated Amount rate at which interest accrues for each Class of Certificates for such Remittance Distribution Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount Liquidation Report for each Class as of the close of such Remittance Distribution Date; (xxvi) the Accelerated aggregate Principal Distribution Amount for Balance of Mortgage Loans purchased by the Servicer or Seller during the related Collection Period and indicating the Section of this Agreement requiring or allowing the purchase of each such Remittance DateMortgage Loan; (xxvii) Reserved;the aggregate Principal Balance of the Mortgage Loans repurchased by the Servicer (or an affiliate) during the related Collection Period in connection with Section 3.16; and (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments Subsequent Recoveries received during the related Due Prepayment Period; . Parties that are unable to use http://www.jpmorgan.com/sfr are entitled to have a paper copy mailed to ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇y calling the Trustee at (xxx877) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require722-1095 and indicating such. The Trustee shall forward have the right to ▇▇▇▇▇▇ ▇▇▇ ▇▇▇ such report statements are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders above parties and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to all above parties regarding any such changes. The Trustee may fully rely upon and shall have no liability with respect to information with respect to the telecopyMortgage Loans provided by the Servicer. In the case of information furnished pursuant to subclauses (ii), i) through (viii) and (xiiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ixi), (xiiiii), (xixxv) and (xxxv), xx) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward make available to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report forwarded reports made available to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Trustee deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Residual Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (ABFC C-Bass Mortgage Loan Asset-Backed Certificates, Series 2005-Cb2)

Statements. Each month, not later than 12:00 noon New York time on the Determination Date, the Servicer shall deliver to the Trustee, by telecopy, for (a) Concurrently with each distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which Securities Administrator shall be confirmed telephonicallymake available to each Certificateholder, with hard copy thereof the Seller, the Master Servicer, the Trustee and the Servicer's Monthly Computer Tape in Rating Agencies, a statement based, as applicable, on loan-level information provided to it by the form attached hereto Master Servicer and the Servicers (the “Distribution Date Statement”) as Exhibit M (both in hard copy and in computer tape form) to the distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and . The Distribution Date Statement shall include the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to Loan Group 1, Loan Group 2 and Loan Group 3 for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts Group 4 Senior Percentage, the Group 4 Senior Prepayment Percentage, the Group 4 Subordinate Percentage and Realized Loss Amounts the Group 4 Subordinate Prepayment Percentage with respect to Loan Group 4 for the related Remittance Date (by Class and in the aggregate)following Distribution Date; (v) the Available Maximum Subordination Amount for aggregate amount of servicing compensation received by each Servicer during the related Remittance DateDue Period; (vi) the number aggregate amount of Advances for the related Due Period and Principal Balances the amount of all Loans which were the subject of Principal Prepayments during the Due Periodunreimbursed Advances as reported by each Servicer; (vii) the amount Loan Group Balance and related Net WAC for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Period;[reserved]. (ix) the amount aggregate Principal Balance of interest received on the LoansOne-Month LIBOR Indexed, Six-Month LIBOR Indexed, One-Year LIBOR Indexed and One-Year MTA Indexed Mortgage Loans at the Close of Business at the end of the related Due Period (for Loan Groups 1 through 3 in the aggregate and for Loan Group 4 separately); (x) the amount of the Monthly Advances Master Servicer Fees paid to be made on or retained by the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination DateMaster Servicer; (xi) the delinquency and foreclosure information set forth in aggregate amount of Servicing Fees paid to or retained by the form attached hereto as Exhibit LServicers; (xii) to the extent that such amounts are paid out of the Distribution Account, the amount of any fees, expenses or indemnification amounts paid by the Trust with an identification of the general purpose of such amounts and the party receiving such amounts; (xiii) for each Loan Group, the number, weighted average remaining term to maturity, weighted average life and weighted average Loan Rate of the related Mortgage Loans as of the related Due Date; (xiv) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, using the “MBA” method (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xv) the rolling six-month delinquency rate for that Distribution Date; (xvi) the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xvii) the aggregate amount of Principal Prepayments and Prepayment Penalty Amounts with respect to each Loan Group made during the related Prepayment Period; (xviii) the aggregate amount of Realized Losses for each Loan Group and Recoveries incurred during the related Due Period and the cumulative amount of Realized Losses and Recoveries as of such Distribution Date; (xix) the cumulative amount of Realized Losses for each Loan Group; (xx) the Realized Losses and Recoveries, if any, allocated to each Class of Certificates on the related Distribution Date; (xxi) the Class Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Subordinate Certificates after giving effect to any distributions made thereon, on such Distribution Date; (xxii) the Interest Distributable Amount in respect of each Class of Certificates, for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xxiii) the aggregate amount of any Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date; (xxiv) the Available Funds with respect to each of Loan Groups 1, 2 and 3 and the Group 4 Available Funds with respect to Loan Group 4; (xxv) the Pass-Through Rate and Adjusted Pass-Through Rate (in the case of the Group 4 Certificates other than the Class 4-AX Certificates) for each Class of Certificates for such Distribution Date (xxvi) the aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date; (xvi) the calculation of the Trigger Event, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxvxxvii) the amount of any Applied Realized Loss AmountPrincipal Deficiency Amounts or Accrued Interest Amounts paid to an Undercollateralized Group with respect to Loan Groups 1, Realized Loss Amount 2 and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved3 or amounts paid pursuant to Section 5.01(f)(i); (xxviii) the amount to be deposited into total number of Mortgage Loans in the FHA Premium Account on the related Remittance Date aggregate and the amount reimbursable to aggregate Stated Principal Balance for the Servicer from Group 1 Mortgage Loans (also separately stating such information for the FHA Premium Account pursuant to Section 7.03(b)(iAdjustable Rate Mortgage Loans, the Three-Year Hybrid Mortgage Loans and the Five-Year Hybrid Mortgage Loans); , the Group 2 Mortgage Loans, the Group 3 Mortgage Loans and Group 4 Mortgage Loans (xxix) also stating separately such information for Negative Amortization Loans), in each case at the amount close of FHA Payments and Related Payments received during business at the end of the related Due Period; (xxix) with respect to Group 4 Mortgage Loans, the amount of any Deferred Interest and Net Deferred Interest, if any, and the amount of any Net Deferred Interest, if any, added to the Class Principal Balance of the Group 4 Certificates; and (xxx) the Reserve Amount for with respect to Mortgage Loans serviced by Cenlar, but only if such Mortgage Loans were subject to a modification of terms made during the related Remittance Date;Due Period as part of a loss mitigation strategy, the following items: (xxxia) claims filed during the percentage (by outstanding Principal Balance) and the number of Mortgage Loans that were modified in the related Due Period; (xxxiib) claims paid during the cumulative percentage (by Cut-Off Date Principal Balance) of modified mortgage loans; (c) the amount of principal forgiven with respect to modified Mortgage Loans for the related Due Period; (xxxiiid) claims denied by the FHA during cumulative amount of principal forgiven with respect to modified Mortgage Loans from the Due PeriodClosing Date; (xxxive) claims pending the percentage (by outstanding Principal Balance) of modified Mortgage Loans that are included in the delinquency trigger calculation for purposes of the Step Down Conditions, the Two Times Test, the Group 4 Step Down Conditions and the Group 4 Two Times Test; (f) the delinquency status of the modified Mortgage Loans both pre- and post- modification; (g) the number of times the Mortgage Loan has been subject to modification; (h) the effective date of the modification; (i) the number of modifications made to Mortgage Loans in the last twelve months; (j) the percentage (by outstanding Principal Balance) of modified Mortgage Loans that are current or delinquent in payment by and the FHA during delinquency status of the Due Periodmodified Mortgage Loans from the Closing Date; and (xxxvk) Such other information as the Noteholders or Certificateholders may reasonably requireLoan Rate of the modified Mortgage Loans pre- and post- modification. The Trustee Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall forward initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 1-866-846-4526. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (al) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ixi), (xiii), (xixii) and (xxxv), iv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bm) On each Remittance Distribution Date, the Trustee Securities Administrator shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatemonthly basis. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2007-5)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer, the Trustee shall make available to each Holder of the Regular Certificates, the Seller, each Servicer shall deliver and the Rating Agencies, a statement (the "Distribution Date Statement") as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Pro Rata Senior Percentage, Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by each Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and Principal Balances the Bankruptcy Loss Coverage Amount, each as of all Loans which were the subject of Principal Prepayments during the Due Periodrelated Determination Date; (vii) the amount Pool Balance and Net WAC for all Mortgage Loans at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) the aggregate amount Principal Balance of all Excess Payments and the amounts One Year CMT Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) the amount aggregate Principal Balance of interest received on the LoansSix Month LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date[Reserved]; (xi) the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the Close of Business on the related Determination Date; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of any Principal Prepayments made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts Period and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance for each Class cumulative amount of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateLosses; (xvi) the calculation Class Certificate Principal Balance of each Class of Certificates (other than the Class X-1 and Class X-2 Certificates) and the Class Certificate Notional Balances of the Trigger EventClass X-1 and Class X-2 Certificates, including the various components thereofin each case after giving effect to any distributions made thereon, on such Distribution Date; (xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Prepayment Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date, to the extent not covered by payments by the Servicers pursuant to the applicable terms of their respective Servicing Contracts; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium AccountAvailable Funds; (xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);Certificates for such Distribution Date; and (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased by each Class determined using Servicer or the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received Seller during the related Due Period; (xxx) , and indicating the Reserve Amount for relevant section of the related Remittance Date; Servicing Contract, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each such Mortgage Loan. The Trustee will make the Distribution Date Statement (xxxiand, at its option, any additional files containing the same information in an alternative format) claims filed during available each month to Certificateholders and the Due Period; (xxxii) claims paid during other parties to this Agreement via the Due Period; (xxxiii) claims denied Trustee's internet website and its fax-on-demand service and will forward the Distribution Date Statement to each Rating Agency. The Trustee's fax-on-demand service may be accessed through the fax number ▇▇▇-▇▇▇-▇▇▇▇. The Trustee's internet website shall initially be located at "▇▇▇▇://▇▇▇-▇▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇-▇▇▇▇.▇▇▇/invr". Assistance in using the website or the fax-on-demand service can be obtained by calling the FHA during Trustee's customer service desk at ▇▇▇-▇▇▇-▇▇▇▇. Parties that are unable to use the Due Period; (xxxiv) claims pending payment above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requirecustomer service desk and requesting same. The Trustee shall forward have the right to change the way Distribution Date Statements are distributed in order to make such report distribution more convenient and/or more accessible to the Noteholders above parties and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to all the above parties regarding any such changes. The Trustee's obligations pursuant to this Section 4.04 are limited to the extent of its receipt of all necessary information from each Servicer. The Trustee may fully rely upon the telecopyand shall have no liability with respect to information provided by any Servicer. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Mortgage Information Corporation in respect of such Remittance Date and a statement setting forth the amounts actually distributed format acceptable to the Holder of the GP Interest, Mortgage Information Corporation on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writingOn each Distribution Date, the Servicer will provide Trustee shall supply an electronic tape to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of Seller containing the Office of Thrift Supervision or other regulatory authorities following with respect to investment each Mortgage Loan: (i) the Mortgage Loan identifying number; (ii) whether such Mortgage Loan is a Bank of America Loan, a Cendant Loan, a MLCC Loan or a WAMU Loan (and in the Class Acase of any MLCC Loan, Class M and Class B Noteswhether such loan is a Servicing Transferred Loan); (iii) the current Loan Rate as of the end of the related Due Period; (iv) the related Servicing Fee Rate; (v) the current Monthly Payment due as of the end of the related Due Period; (vi) the next scheduled Due Date as of the end of the related Due Period; (vii) the next Adjustment Date of the Mortgage Loan as of the end of the related Due Period, if applicable; (viii) the Stated Principal Balance of the Mortgage Loan immediately prior to the related Due Period; (ix) the Stated Principal Balance of the Mortgage Loan as of the end of the related Due Period; (x) the Stated Principal Balance of the Mortgage Loan as of the end of the related Due Period, but only to the extent of principal actually received, not advanced; (xi) the aggregate of all interest received on the Mortgage Loan, including Advances; (xii) the related Servicing Fee; (xiii) the aggregate of all scheduled principal payments received on the Mortgage Loans, including Advances; (xiv) Principal Prepayments in part; (xv) Principal Prepayments in full; (xvi) the delinquency status of the Mortgage Loan (i.e., 0, 30, 60, 90+ days Delinquent); (xvii) an indication as to whether the obligor on the Mortgage Loan is in bankruptcy; (xviii) an indication as to whether the Mortgage Loan is in foreclosure; (xix) an indication as to whether the related Mortgaged Property has become an REO Property; (xx) the date of bankruptcy, if any; (xxi) the date of foreclosure, if any; (xxii) the date on which the related Mortgaged Property became an REO Property; (xxiii) for each Mortgage Loan for which a Liquidation Event has occurred, whether such Mortgage Loan (i) has been paid in full, (ii) is a Liquidated Mortgage Loan or (iii) has been repurchased or replaced; (xxiv) the date after which the Stated Principal Balance of the Mortgage Loan is zero; (xxv) the Stated Principal Balance of the Mortgage Loan on the date on which a Liquidation Event occurs; (xxvi) Liquidation Proceeds; (xxvii) Net Liquidation Proceeds; (xxviii) Realized Losses; (xxix) Net Prepayment Interest Shortfalls; (xxx) Relief Act Reductions; (xxxi) the aggregate of all scheduled interest received on the Mortgage Loans, excluding Advances; (xxxii) the aggregate of all scheduled principal received on the Mortgage Loans, excluding Advances; (xxxiii) the current amount of Advances outstanding; (xxxiv) the amount advanced by the related Servicer; (xxxv) the amount of principal advanced by the related Servicer; and (xxxvi) the amount of interest advanced by the related Servicer.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Trustee shall make available to each Certificateholder, the Seller and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Servicer shall deliver (the “Distribution Date Statement”) as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for amount of servicing compensation received by the Servicer during the related Remittance Date (by Class and in the aggregate);Due Period (v) any customary information as the Available Maximum Subordination Amount for the related Remittance DateTrustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (vi) the number aggregate amount of Advances for the related Due Period and Principal Balances the amount of all Loans which were the subject of Principal Prepayments during the Due Periodunreimbursed Advances; (vii) the amount Pool Balance and Net WAC at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) the aggregate amount number, weighted average remaining term to maturity and weighted average Loan Rate of all Excess Payments and the amounts Mortgage Loans as of Monthly Payments in respect of principal received during the related Due PeriodDate; (ix) the amount number and aggregate unpaid principal balance of interest received Mortgage Loans, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the Loanslast day of the preceding calendar month; (x) the amount book value of any REO Property as of the Monthly Advances to be made Close of Business on the Determination last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the portion total number and cumulative principal balance of all REO Properties as of the Monthly Advances to be deposited in Close of Business of the Note Distribution Account pursuant to Section 7.01(a)(ii), and last day of the Compensating Interest payment to be made on the Determination Datepreceding Due Period; (xi) the delinquency and foreclosure information set forth in aggregate amount of Principal Prepayments made during the form attached hereto as Exhibit Lrelated Prepayment Period; (xii) the aggregate amount of any Realized Losses incurred during the related Due PeriodPeriod and the cumulative amount of Realized Losses; (xiii) the Available Remittance Amounts for the Remittance Class Certificate Principal Balance or Class Certificate Notional Amount, as applicable, of each Class of Certificates after giving effect to any distributions made thereon, on such Distribution Date, in the aggregate and by component; (xiv) the Reimbursable Amounts Interest Distributable Amount in respect of each Class of Certificates, for such Distribution Date and the GP Remittance Amount payable with respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xv) the Class Principal Balance for each Class aggregate amount of Class A, Class M and Class B Notes any Net Interest Shortfalls and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Unpaid Interest Shortfall Amount made on for such Remittance Distribution Date; (xvi) the calculation of the Trigger Event, including the various components thereofAvailable Funds; (xvii) the Cumulative Realized Losses, with respect to the Remittance Pass-Through Rate for each Class of Certificates for such Distribution Date;; and (xviii) the amount, if any, aggregate Principal Balance of Mortgage Loans purchased hereunder by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received Seller during the related Due Period; , and indicating the relevant section of the Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each such Mortgage Loan. The Trustee will make the Distribution Date Statement (xxxand, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Reserve Amount for other parties to this Agreement via the related Remittance Date; (xxxi) claims filed during Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇.” Parties that are unable to use the Due Period; (xxxii) claims paid during above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requirecustomer service desk at ▇-▇▇▇-▇▇▇-▇▇▇▇ and indicating such. The Trustee shall forward have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatemonthly basis. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Greenpoint Mortgage Loan Trust 2004-1)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Trustee shall deliver make available to each Certificateholder, the Trustee, by telecopy, for distribution to the NoteholdersSeller, and the Owner Trustee for distribution Rating Agency, a statement based, as applicable, on loan-level information obtained from and the Servicer (the “Distribution Date Statement”) as to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period[reserved]; (vii) the amount Loan Group Balance and related Net WAC and applicable Net WAC Cap for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Month MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) the amount of interest received on the LoansReserved; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination DateReserved; (xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts Period and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates or Principal-Only Components; (xvi) the calculation Class Certificate Principal Balance or Class Certificate Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group; (xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan; (xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i); (xxiii) [Reserved]current Recoveries allocable to each Loan Group; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Datecumulative Recoveries allocable to each Loan Group; (xxv) the amount of any Applied Realized Loss AmountBasis Risk Shortfall, Realized Loss Amount if any, and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Daterelated accrued interest thereon; (xxvi) for each Loan Group, the Accelerated Principal Distribution Amount amount of Deferred Interest and Net Deferred Interest, if any, for such Remittance DateLoan Group; (xxvii) Reserved;payments made under the Yield Maintenance Agreement, if any; and (xxviii) the amount of Net Deferred Interest, if any, added to be deposited into the FHA Premium Account on Class Certificate Principal Balance or Component Principal Balance of the related Remittance Certificates and Principal-Only Components. The Trustee will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the amount reimbursable other parties to this Agreement via the Servicer from Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇.” Assistance in using the FHA Premium Account pursuant website can be obtained by calling the Trustee customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to Section 7.03(b)(i); (xxix) use the amount of FHA Payments above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requireindicating such. The Trustee shall forward have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatemonthly basis. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2005-3)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Securities Administrator shall make available to each Certificateholder, the Seller, the Master Servicer, the Trustee and the Rating Agencies, a statement based, as applicable, on loan-level information provided to it by the Master Servicer shall deliver and the Servicers, (the “Distribution Date Statement”) as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and . The Distribution Date Statement shall include the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts aggregate amount of Servicing Fees and Realized Loss Amounts Master Servicing Fees for the related Remittance Date (by Class and in the aggregate)Due Period; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period[reserved]; (vii) the amount Loan Group Balance and related Net WAC and applicable Net WAC Cap for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments the Six-Month LIBOR Indexed, One-Year LIBOR Indexed, Six-Month COFI Indexed and One-Year CMT Indexed Mortgage Loans at the amounts Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) the amount of interest received on the Loans[reserved]; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date[reserved]; (xi) the delinquency number and aggregate unpaid principal balance of Mortgage Loans for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure information set forth proceedings have been commenced and (e) in bankruptcy, in each case as of the form attached hereto as Exhibit Lclose of business on the last day of the preceding calendar month, in each case, using the MBA method; (xii) the amount book value (if available) of any Realized Losses incurred during REO Property as of the related Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiii) the Available Remittance Amounts for aggregate amount of Principal Prepayments with respect to each Loan Group made during the Remittance Date, in the aggregate and by componentrelated Prepayment Period; (xiv) the Reimbursable Amounts aggregate amount of Realized Losses incurred during the related Due Period for each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Dateeach Class of Certificates; (xv) the Class Principal Balance for or Class Notional Balance, as applicable, of each Class of Class A, Class M and Class B Notes Certificates and the Pool Balance Apportioned Principal Balances of the Subordinate Certificates after giving effect to the distribution to be any distributions made on the Remittance Date and after allocation of the Applied Realized Loss Amount made thereon, on such Remittance Distribution Date; (xvi) the calculation Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of each Class of Certificates, for such Distribution Date and the Trigger Eventrespective portions thereof, including if any, remaining unpaid following the various components thereofdistributions made in respect of such Certificates on such Distribution Date; (xvii) the Cumulative Realized Losses, with respect to aggregate amount of any Net Interest Shortfalls and the Remittance Unpaid Interest Shortfall Amount for such Distribution Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance DateAvailable Funds with respect to each Loan Group; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium AccountPass-Through Rate for each Class of Certificates for such Distribution Date; (xx) the amount aggregate Principal Balance of all payments Mortgage Loans purchased hereunder by the Seller during the related Due Period, and reimbursements to indicating the Servicer pursuant to relevant section of the Servicing Agreement, or the Section 4.04(b)of this Agreement, (c)as applicable, (d)(ii), (e) and (f);requiring or allowing the purchase of each such Mortgage Loan; and (xxi) the Class Factor for amount of any Principal Deficiency Amounts or Accrued Interest Amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i). The Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each Class determined month to Certificateholders and the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the balances website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such reports are distributed in subclause (xv) above; (xxii) order to make such distribution more convenient and/or more accessible to the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Dateparties, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount Securities Administrator shall provide timely and the Specified Subordinated Amount for adequate notification to all parties regarding any such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. In addition to the information listed above, such Distribution Date Statement shall also include the information required by Item 1121 (§ 229.1121) of Regulation AB. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Harborview 2006-6)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Trustee shall deliver make available to each Certificateholder, the Trustee, by telecopy, for distribution to the NoteholdersSeller, and the Owner Trustee for distribution Rating Agency, a statement based, as applicable, on loan-level information obtained from and the Servicer (the “Distribution Date Statement”) as to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period[reserved]; (vii) the amount Loan Group Balance and related Net WAC and Net WAC Cap for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Month MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) for each Loan Group, the amount aggregate Principal Balance of interest received on the LoansOne-Month LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (x) for each Loan Group, the amount aggregate Principal Balance of the Monthly Advances to be made on COFI Indexed Mortgage Loans at the Determination Date, Close of Business at the portion end of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Daterelated Due Period; (xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts Period and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates or PO Components; (xvi) the calculation Class Certificate Principal Balance or Class Certificate Notional Amount, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group; (xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan; (xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i); (xxiii) [Reserved]current Recoveries allocable to each Loan Group; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Datecumulative Recoveries allocable to each Loan Group; (xxv) the amount of any Applied Realized Loss AmountBasis Risk Shortfall, Realized Loss Amount if any, and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Daterelated accrued interest thereon; (xxvi) for each Loan Group, the Accelerated Principal Distribution Amount amount of Deferred Interest and Net Deferred Interest, if any, for such Remittance Date;Loan Group; and (xxvii) Reserved;payments made under the Yield Maintenance Agreement, if any; and (xxviii) the amount of Net Deferred Interest, if any, added to be deposited into the FHA Premium Account on Class Certificate Principal Balance or Component Principal Balance of the related Remittance Certificates and PO Components. The Trustee will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the amount reimbursable other parties to this Agreement via the Servicer from Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/invr.” Assistance in using the FHA Premium Account pursuant website can be obtained by calling the Trustee customer service desk at ▇-▇▇▇-▇▇▇-▇▇▇▇. Parties that are unable to Section 7.03(b)(i); (xxix) use the amount of FHA Payments above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requireindicating such. The Trustee shall forward have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixii) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatemonthly basis. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2004-11)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, based, as applicable, on information provided to it by each Servicer, the Servicer Trustee shall deliver prepare and make available to each Holder of the Regular Certificates, the Servicers and the Rating Agencies, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class AP Certificates) allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified; (iii) the Principal Overcollateralized Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Amounts Date and the Excess Overcollateralized Amount for the related Remittance Mortgage Pool for such Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by each Servicer with respect to the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period; (vi) the number and Principal Balances Pool Balance at the Close of all Loans which were Business at the subject end of Principal Prepayments during the related Due Period; (vii) the amount number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of all Curtailments which were received during the Due PeriodMortgage Loans as of the related Determination Date; (viii) the number and aggregate amount unpaid Stated Principal Balance of all Excess Payments Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the amounts of Monthly Payments in respect of principal received during the Due Periodnet proceeds resulting therefrom; (ix) the amount of interest received on the Loans[reserved]; (x) the amount total number and cumulative Stated Principal Balance of all REO Properties as of the Monthly Advances to be made on the Determination Date, the portion Close of Business of the Monthly Advances to be deposited in last day of the Note Distribution Account pursuant to Section 7.01(a)(ii), preceding Prepayment Period and the Compensating Interest payment to be made on number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Determination DateFunding Period; (xi) the delinquency aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and foreclosure information set forth Principal Prepayments in the form attached hereto as Exhibit Lpart; (xii) the aggregate amount of any Realized Losses incurred during the related Due PeriodPrepayment Period and the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date; (xiii) the Available Remittance Amounts aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for the Remittance such Distribution Date, in the aggregate and by component; (xiv) the Reimbursable Amounts Certificate Principal Balance of each Class of Floating Rate Certificates and the GP Remittance Amount payable with respect Class C Certificates, after giving effect to the Remittance distributions made on such Distribution Date; (xv) the Class Principal Balance for Monthly Interest Distributable Amount in respect of each Class of Class A, Class M and Class B Notes Floating Rate Certificates and the Pool Balance after giving effect to the distribution to be made on the Remittance Class C Certificates for such Distribution Date and after allocation the Unpaid Interest Shortfall Amount, if any, with respect to each Class of Floating Rate Certificates and the Applied Realized Loss Amount made on Class C Certificates for such Remittance Distribution Date; (xvi) the calculation aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the Trigger Event, including extent not covered by payments by the various components thereofrelated Servicer pursuant to Section 3.24; (xvii) the Cumulative Realized Losses, with respect to the Remittance Credit Enhancement Percentage for such Distribution Date; (xviii) the amountNet WAC Rate Carryover Amount for each Class of Floating Rate Certificates, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) the Servicing Feesany Overcollateralization Target Amount, the Contingency Fees Overcollateralized Amount and amounts to be deposited Overcollateralization Deficiency Amount after giving effect to the Expense Account and the FHA Premium Accountdistribution of principal on such Distribution Date; (xx) when the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Stepdown Date or a Trigger Event has occurred; (xxi) the Class Factor for each Class determined using the balances in subclause (xv) aboveAvailable Funds; (xxii) the weighted average Loan Interest respective Pass-Through Rates applicable to each Class of Floating Rate Certificates and the weighted average Class Adjusted Loan Remittance Rates, in C Certificates for such Distribution Date and the Pass-Through Rate applicable to each case Class of Floating Rate Certificates for the related Remittance immediately succeeding Distribution Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved];payments, if any, made under the Cap Contract; and (xxiv) the Spread Amount amount on deposit in the Pre-Funding Account and the Specified Subordinated Amount for such Remittance Date;Interest Coverage Account; and (xxv) for the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as distribution occurring on the Distribution Date immediately following the end of the close Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans, as applicable, and that is being distributed to the Class A Certificates as a mandatory distribution of principal, if any, on such Remittance Distribution Date; . The Trustee will make such statement (xxviand, at its option, any additional files containing the same information in an alternative format) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount available each month to be deposited into the FHA Premium Account on the related Remittance Date Certificateholders and the amount reimbursable Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “h▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the Servicer from above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments customer service desk and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requireindicating such. The Trustee shall forward have the right to change the way such report statements are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders above parties and the Owner Trustee on the Remittance Date, together with shall provide timely and adequate notification to all above parties regarding any such changes. As a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant condition to Section 7.01(a)(iv); and the amounts which are reimbursable access to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereofTrustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely upon on but shall not be responsible for the telecopycontent or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward make available to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Trustee deems necessary or appropriate. (cd) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP InterestResidual Certificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-2)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on information provided to it by the Determination DateServicer, the Trustee shall make available to each Holder of the Regular Certificates, the Servicer shall deliver and the Rating Agencies, a statement (the "Distribution Date Statement") as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts for the related Remittance DateSenior Percentage, in the aggregate Senior Prepayment Percentage, Subordinate Percentage and listed separately for the portions relating Subordinate Prepayment Percentage with respect to each Class of Class A, Class M and Class B NotesLoan Group for such Distribution Date; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period[reserved]; (vii) the amount Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and the Bankruptcy Loss Coverage Amount, each as of all Curtailments which were received during the Due Periodrelated Determination Date; (viii) the aggregate amount Loan Group Balance for each Loan Group at the Close of all Excess Payments and Business on the amounts last Business Day of Monthly Payments in respect of principal received during the related Due Period; (ix) the amount of interest received on the LoansNet WAC with respect to each Loan Group; (x) the amount number, weighted average remaining term to maturity and weighted average Mortgage Rate of the Monthly Advances to be made on the Determination Date, the portion Mortgage Loans in each Loan Group as of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination related Due Date; (xi) separately stated for each Loan Group, the delinquency number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure information set forth proceedings have been commenced and (e) in bankruptcy, in each case as of the form attached hereto as Exhibit LClose of Business on the last day of the calendar month preceding such Distribution Date; (xii) separately for each Loan Group, the amount book value of any Realized Losses incurred during REO Property as of the related Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiii) the Available Remittance Amounts for aggregate amount of Principal Prepayments with respect to each Loan Group made during the Remittance Date, in the aggregate and by componentrelated Prepayment Period; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Date[reserved]; (xv) the Class Principal Balance separately for each Class Loan Group, the aggregate amount of Class A, Class M and Class B Notes Realized Losses incurred during the related Due Period and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation cumulative amount of the Applied Realized Loss Amount made on such Remittance DateLosses; (xvi) the calculation Class Certificate Principal Balance of each Class of Certificates (other than the Class X Certificates) after giving effect to any distributions made thereon on such Distribution Date, and the Class Certificate Notional Balance of the Trigger Event, including the various components thereofClass X Certificates as of such Distribution Date; (xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of the Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Prepayment Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date, to the extent not covered by payments by the Servicer pursuant to Section 3.24 hereof, in each case by Loan Group; (xix) the Servicing Fees, the Contingency Fees and amounts Loan Group Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group; (xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);Certificates for such Distribution Date; and (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount aggregate Principal Balance of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee Mortgage Loans purchased by the Servicer or the Claims Administrator)Seller during the related Due Period with respect to each Loan Group, and indicating the Section of this Agreement requiring or allowing the purchase of each such Mortgage Loan. To The Trustee will make the extent that there are inconsistencies between Distribution Date Statement (and, at its option, any additional files containing the telecopy of the Servicer's Certificate same information in an alternative format) available each month to Certificateholders and the hard other parties to this Agreement via the Trustee's internet website and will forward the Distribution Date Statement to each Rating Agency. The Trustee's internet website shall initially be located at "www.ctslink.com". Assistance in u▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇e or the fax-on-demand service can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are ▇▇▇▇▇▇ ▇▇ ▇▇▇ the above distribution option are entitled to have a paper copy thereof, mailed to them via first class mail by calling the customer service desk and requesting same. The Trustee shall have the right to change the way Distribution Date Statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall be entitled provide timely and adequate notification to all the above parties regarding any such changes. The Trustee's obligations pursuant to this Section 4.04 are limited to the extent of its receipt of all necessary information from the Servicer. The Trustee may fully rely upon and shall have no liability with respect to information provided by the telecopyServicer. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end On or before January 31 of each year, the Servicer, on behalf of the Trust, shall provide the Trustee with written notice listing all Distribution Date Statements with respect to Distribution Dates occurring in the prior calendar year that were included in a Form 8-K filing pursuant to Section 3.22(b), provided, that if no Form 10-K is required to be filed for such prior calendar year, no written notice shall be required. No later than March 15 of each year in which such written notice is provided by the Servicer shall furnish to the Trustee, with the Trustee shall sign a copy to certification (in the Owner Trustee form attached hereto as Exhibit P), for distribution to each Person who at any time during the calendar year was a Holder benefit of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing Person(s) signing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forceForm 10-K Certification, regarding certain aspects Form 10-K Certification. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on information provided to it by the Determination DateServicer, the Certificate Administrator shall prepare and make available to each Holder of the Regular Certificates, the Swap Counterparties, the Servicer shall deliver and the Rating Agencies, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class AP Certificates) allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified; (iii) the Principal Distribution Amounts for Pool Balance of the Group I Mortgage Loans and the Group II Mortgage Loans at the Close of Business at the end of the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B NotesDue Period; (iv) the Interest Shortfall Carryforward Amounts number, aggregate principal balance, and Realized Loss Amounts for weighted average Mortgage Rate of the Mortgage Loans as of the related Remittance Determination Date (by Class and in the aggregate)number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period; (v) the Available Maximum Subordination Amount for the related Remittance Datenumber and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and (C) REO Properties; (vi) the number and Principal Balances of all Loans which were the subject aggregate amount of Principal Prepayments made during the Due related Prepayment Period; (vii) the aggregate amount of all Curtailments which were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses; (viii) the aggregate amount Certificate Principal Balance of all Excess Payments each class of the Class A Certificates, each class of the Mezzanine Certificates, the Class B Certificates and the amounts of Monthly Payments in respect of principal received during Class O Certificates, after giving effect to the Due Perioddistributions made on such Distribution Date; (ix) the amount Unpaid Interest Shortfall Amount, if any, with respect to each class of interest received on the LoansClass A Certificates, each class of the Mezzanine Certificates, the Class B Certificates and the Class AIO Certificates for such Distribution Date; (x) the aggregate amount of the Monthly Advances to be made on the Determination any Prepayment Interest Shortfalls for such Distribution Date, to the portion of extent not covered by payments by the Monthly Advances to be deposited in the Note Distribution Account Servicer pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date3.25; (xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LCredit Enhancement Percentage for such Distribution Date; (xii) the Available Funds Cap Carryforward Amount for each class of the Class A Certificates, each class of the Mezzanine Certificates and the Class B Certificates, if any, for such Distribution Date and the amount of any Realized Losses incurred during the related Due Periodremaining unpaid after reimbursements therefor on such Distribution Date; (xiii) the Available Remittance Amounts respective REMIC Pass-Through Rates applicable to each class of the Class A Certificates, each class of the Mezzanine Certificates, the Class B Certificates, and the Class AIO Certificates for such Distribution Date and the REMIC Pass-Through Rate applicable to each class of the Class A Certificates, each class of the Mezzanine Certificates and the Class B Certificates for the Remittance immediately succeeding Distribution Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Supplemental Interest Payment for each Class on such Distribution Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and difference between the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date; (xvi) the calculation of the Trigger Event, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Swap Notional Amount and the Specified Subordinated Amount for such Remittance Date; Underwritten Certificates (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable Class B Certificate if held by an entity unrelated to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxixSeller) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Principal Balance on such Distribution Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Closing Date. The Certificate Administrator may, in the absence of manifest error, conclusively rely upon the Determination Date Report of the Servicer in its preparation of the statement to Certificateholders pursuant to this Section 4.03. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Certificate Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Certificate Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee Certificate Administrator shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Certificate Administrator deems necessary or appropriate. (cd) Within a reasonable period of time after the end of each calendar year, the Servicer Certificate Administrator shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP InterestResidual Certificateholder. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Certificate Administrator pursuant to any requirements of the Code as from time to time in force. (de) Upon reasonable advance notice in writingNo later than noon on the Business Day prior to each Distribution Date, the Servicer will provide Certificate Administrator shall forward, by facsimile transmission, the statement prepared pursuant to paragraph (a) of this Section 4.03, together with all other information reasonably necessary to make the distributions pursuant to Section 4.01 of this Agreement, to the Trustee. On each Distribution Date, the Certificate Administrator, on behalf of the Trustee, shall forward by mail to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access Certificateholder the statement prepared pursuant to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations paragraph (a) of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notesthis Section 4.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Trust Series 2002-3)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer Master Servicer, the Trustee shall deliver prepare and forward by mail to each Holder of the Regular Certificates, the Master Servicer, the Certificate Insurer and the Rating Agencies, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Date;distribution made on such Distribution Date to the Holders of each Class of Class A Certificates, (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class AA Certificates allocable to principal and interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified; (iii) the Principal Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Amounts Date for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M A Certificates and Class B Notesthe General Excess Available Amount for each related Loan Group for such Distribution Date; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Master Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns and, separately identified, the amount of compensation paid to the Special Servicer; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DatePrepayment Period; (vi) the number Pool Principal Balance and Principal Balances the Loan Group Balance for each Loan Group at the Close of all Loans which were Business at the subject end of Principal Prepayments during the Due related Prepayment Period; (vii) the amount number, weighted average remaining term to maturity and weighted average Mortgage Rate of all Curtailments which were received during the Mortgage Loans as of the related Due PeriodDate; (viii) separately stated for each Loan Group, the number and aggregate amount unpaid principal balance of all Excess Payments Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the amounts Close of Monthly Payments in respect Business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date; (ix) with respect to any Mortgage Loan as to which the amount related Mortgaged Property became an REO Property during the preceding calendar month, the loan number of interest received such Mortgage Loan, the Principal Balance of such Mortgage Loan as of the Close of Business on the Loanslast day of the related Prepayment Period, and the date on which it became an REO Property; (x) the amount book value of any REO Property as of the Monthly Advances to be made Close of Business on the Determination last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the portion total number and cumulative principal balance of all REO Properties as of the Monthly Advances to be deposited in Close of Business of the Note Distribution Account pursuant to Section 7.01(a)(ii), and last day of the Compensating Interest payment to be made on the Determination Datepreceding due period; (xi) the delinquency and foreclosure information set forth in aggregate amount of Principal Prepayments made during the form attached hereto as Exhibit Lrelated Prepayment Period; (xii) the aggregate amount of any Realized Losses incurred during the related Due PeriodPeriod and the cumulative amount of Realized Losses; (xiii) the Available Remittance Amounts aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for the Remittance such Distribution Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect Class Certificate Principal Balance of each Class of Class A Certificates, after giving effect to the Remittance distributions made on such Distribution Date; (xv) the Class Principal Balance for Interest Distributable Amount in respect of each Class of Class A, Class M and Class B Notes A Certificates for such Distribution Date and the Pool Balance after giving effect to respective portions thereof, if any, remaining unpaid following the distribution to be distributions made on the Remittance Date and after allocation in respect of the Applied Realized Loss Amount made such Certificates on such Remittance Distribution Date; (xvi) the calculation aggregate amount of any Prepayment Interest Shortfalls and the Trigger EventUnpaid Interest Shortfall Amount for such Distribution Date, including to the various components thereofextent not covered by payments by the Master Servicer pursuant to Section 3.26; (xvii) the Cumulative Realized Losses, with respect amount of premium to be paid to the Remittance Certificate Insurer and the Trustee Fee for such Distribution Date, stated separately; (xviii) the amountGroup I Interest Carryover and the Group II Interest Carryover, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Distribution Date and the amount remaining unpaid on each Interest Carryover after reimbursements therefor on such Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited any Overcollateralization Deficiency Amount after giving effect to the Expense Account and the FHA Premium Accountdistribution of principal on such Distribution Date; (xx) whether the amount Step Down Cumulative Loss Test, Step Down Rolling Delinquency Test, Step Down Rolling Loss Test, Step Up Cumulative Loss Test, Step Up Rolling Delinquency Test, Step Up Rolling Loss Test and/or Step Up Spread Squeeze Test have been met, the cumulative realized losses with respect to each Loan Group, as a percentage of all payments the original Loan Group Balance, the Delinquency Percentage and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Annual Loss Percentage; (xxi) the Class Factor for Available Funds with respect to each Class determined using the balances in subclause (xv) aboveLoan Group; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Pass-Through Rate for the prior three month periodClass A-1 and Class A-2 Certificates for such Distribution Date; (xxiii) [Reserved]the Liquidation Report for such Distribution Date; (xxiv) the Spread Amount aggregate Principal Balance of Mortgage Loans purchased by the Master Servicer, Special Servicer or Seller during the related Due Period and indicating the Specified Subordinated Amount for Section of this Agreement requiring or allowing the purchase of each such Remittance DateMortgage Loan; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of premium to be paid to the close of such Remittance DatePMI Insurer; (xxvi) the Accelerated Principal aggregate amount representing collections of Prepayment Premiums during the related Prepayment Period included in Group I Available Funds and Group II Available Funds, on such Distribution Amount for such Remittance Date; (xxvii) Reserved;the Class X Group I IO Component Distributable Amount and the Class X Group II IO Component Distributable Amount for such Distribution Date and (a) the portion thereof distributed on the current Distribution Date and the portion thereof remaining unpaid on such Distribution Date, (b) any such amount for any prior Distribution Date distributed on the current Distribution Date and (c) any such amount for any prior Distribution Date remaining unpaid after giving effect to the distributions on the current Distribution Date, separately stated; and (xxviii) the amount to be deposited into on deposit in each of the FHA Premium Account on the related Remittance Date Pre-Funding Accounts and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requireCapitalized Interest Accounts, if any, stated separately. The Trustee shall forward such report concurrently with each distribution to the Noteholders Certificateholders, the Certificate Insurer (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: Surveillance Department) and the Owner Trustee Rating Agencies on the Remittance related Distribution Date, together with a separate report indicating . The Trustee may also make such reports available each month to each party referred to in this paragraph via the amount of funds deposited in the Note Distribution Account Trustee's website. The Trustee's website can be accessed at ▇▇▇▇://▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/invr. The Trustee's obligations pursuant to this Section 7.01(a)(iv); and the amounts which 4.03 are reimbursable limited to the Servicer or extent of its receipt of all necessary information from the Representative, as appropriate, pursuant Master Servicer. The Trustee may fully rely upon and shall have no liability with respect to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared information provided by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Master Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Class R Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Trustee deems necessary or appropriate. (cd) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP InterestClass R Certificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Asset Backed Funding Corp)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to each Certificateholder, the Certificate Insurer, the Sponsor, and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Servicers (the “Distribution Date Statement”) as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts aggregate amount of servicing compensation received by the Servicers and Realized Loss Amounts for the Master Servicer during the related Remittance Date (by Class and in the aggregate)Due Period; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due PeriodPool Balance for such Distribution Date; (vii) the amount Net WAC and applicable Net WAC Cap at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) the aggregate amount Principal Balance of all Excess Payments and the amounts One-Month MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) the amount aggregate Principal Balance of interest received on the LoansOne-Month COFI Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date[Reserved]; (xi) the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month, in each case, using the MBA method; (xiii) the book value (if available) of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of Principal Prepayments with respect to each Loan Group made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period and the cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to each Class of Certificates; (xvi) the Class Principal Balance or Class Notional Balance, as applicable, of each Class of Certificates after giving effect to any distributions made thereon, on such Distribution Date; (xvii) the Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of each Class of Certificates, for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xviii) the aggregate amount of any Realized Losses incurred Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date; (xix) the Available Funds; (xx) the Pass-Through Rate and Adjusted Cap Rate for each Class of Certificates for such Distribution Date; (xxi) the aggregate Principal Balance of Mortgage Loans purchased hereunder by the Sponsor or an Originator, as applicable, during the related Due Period; (xiiixxii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect current Recoveries allocable to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date; (xvi) the calculation of the Trigger Event, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodMortgage Loans; (xxiii) [Reserved]cumulative Recoveries allocable to the Mortgage Loans; (xxiv) the Spread Amount amount of any Basis Risk Shortfall, if any, and the Specified Subordinated Amount for such Remittance Daterelated accrued interest thereon; (xxv) the amount of any Applied Realized Loss AmountDeferred Interest and Net Deferred Interest, Realized Loss Amount and Unpaid Realized Loss Amount if any, for each Class as of the close of such Remittance DateMortgage Loans; (xxvi) the Accelerated amount of Net Deferred Interest, if any, added to the Class Principal Distribution Amount for such Remittance DateBalance of the related Certificates; (xxvii) Reserved;the amount of the Certificate Insurer Reimbursement Amount, if any; and (xxviii) the amount Deficiency Amount, if any, to be deposited into paid by the FHA Premium Account on Certificate Insurer. The Securities Administrator shall make the related Remittance Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the amount reimbursable other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “w▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to Certificate Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ixi), (xiii), (xixii) and (xxxv), iv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Luminent Mortgage Trust 2006-2)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Securities Administrator shall make available to each Certificateholder, the Seller, the Master Servicer, the Trustee and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer shall deliver and the Servicers, (the “Distribution Date Statement”) as to the Trusteedistributions to be made or made, by telecopyas applicable, for distribution to on such Distribution Date. The Distribution Date Statement shall include the Noteholdersfollowing, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonicallyin each case, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) respect to be delivered on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts aggregate amount of Servicing Fees, Credit Risk Management Fees and Realized Loss Amounts Master Servicing Fees for the related Remittance Date (by Class and in the aggregate)Due Period; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) weighted average remaining term to maturity, weighted average life and weighted average Loan Rate of the number and Principal Balances related Mortgage Loans as of all Loans which were the subject of Principal Prepayments during the related Due PeriodDate; (vii) the amount Net WAC and applicable Net WAC Cap at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) the aggregate amount Principal Balance of all Excess Payments and the amounts Six-Month LIBOR Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) the amount of interest received on fees, expenses or indemnification amounts paid by the LoansTrust Fund with an identification of the general purpose of such amounts and the party receiving such amounts; (x) the amount of aggregate Prepayment Premium Amounts for the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Daterelated Prepayment Period; (xi) the delinquency number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure information set forth proceedings have been commenced and (e) in bankruptcy, in each case as of the form attached hereto as Exhibit Lclose of business on the last day of the preceding calendar month, in each case, using the MBA method; (xii) the amount book value (if available) of any Realized Losses incurred during REO Property as of the related Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Due Period; (xiii) the Available Remittance Amounts for aggregate amount of Principal Prepayments made during the Remittance Date, in the aggregate and by componentrelated Prepayment Period; (xiv) the Reimbursable Amounts aggregate amount of Realized Losses incurred during the related Due Period and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Dateeach Class of Certificates; (xv) the Class Principal Balance for or Class Notional Balance, as applicable, of each Class of Class A, Class M and Class B Notes and the Pool Balance Certificates after giving effect to the distribution to be any distributions made on the Remittance Date and after allocation of the Applied Realized Loss Amount made thereon, on such Remittance Distribution Date after giving effect to any distributions made thereon, on such Distribution Date; (xvi) the calculation Current Interest in respect of each Class of Certificates, for such Distribution Date and the Trigger Eventportion thereof, including if any, remaining unpaid following the various components thereofdistributions made in respect of such Certificates on such Distribution Date; (xvii) the Cumulative Realized Lossesaggregate amount of any Net Interest Shortfalls for such Distribution Date after giving effect to any distributions made thereon, with respect to the Remittance on such Distribution Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance DateAvailable Funds; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium AccountPass-Through Rate for each Class of Certificates for such Distribution Date; (xx) the amount aggregate Principal Balance of all payments Mortgage Loans purchased hereunder by the Seller during the related Due Period, and reimbursements to indicating the Servicer pursuant to relevant section of the Servicing Agreement, or the Section 4.04(b)of this Agreement, (c)as applicable, (d)(ii), (e) and (f)requiring or allowing the purchase of each such Mortgage Loan; (xxi) the Class Factor current and cumulative Recoveries for each Class determined using the balances in subclause (xv) abovesuch Distribution Date; (xxii) the weighted average Loan Interest Rate and the weighted average amount of any Basis Risk Shortfall, if any, for each Class Adjusted Loan Remittance Ratesafter giving effect to any distributions made thereon, in each case for the related Remittance on such Distribution Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]the Final Maturity Reserve Amount deposited in the Final Maturity Reserve Account, and, on the Final Maturity Reserve Termination Date, the amount distributed from the Final Maturity Reserve Account to each Class of Certificates; (xxiv) the Spread Amount payments, if any, made from the Yield Maintenance Account and the Specified Subordinated Amount for amount distributed to the LIBOR Certificates from such Remittance Date;payments; and (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution P Distributable Amount for such Remittance Distribution Date; . The Securities Administrator shall make the Distribution Date Statement (xxviiand, at its option, any additional files containing the same information in an alternative format) Reserved; (xxviii) the amount available each month to be deposited into the FHA Premium Account on the related Remittance Date Certificateholders and the amount reimbursable other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. In addition to the information listed above, such Distribution Date Statement or the report on Form 10-D for such Distribution Date shall also include any other information required by Item 1121 (§ 229.1121) of Regulation AB. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (HarborView 2006-13)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Trustee shall make available to each Certificateholder, the Certificate Insurer, the Seller and the Rating Agency, a statement based, as applicable, on loan-level information obtained from the Servicer shall deliver (the “Distribution Date Statement”) as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Group 1 Subordinate Percentage, Group 2 Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Subgroup for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period[reserved]; (vii) the amount Loan Group Balance and related Net WAC and applicable Net WAC Cap for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) for each Loan Group and Loan Subgroup, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Month MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) the amount of interest received on the LoansReserved; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination DateReserved; (xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates; (xvi) the calculation Class Certificate Principal Balance or Class Certificate Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group; (xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan; (xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i); (xxiii) [Reserved]current Recoveries allocable to each Loan Group; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Datecumulative Recoveries allocable to each Loan Group; (xxv) the amount of any Applied Realized Loss AmountBasis Risk Shortfall, Realized Loss Amount if any, and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Daterelated accrued interest thereon; (xxvi) for each Loan Group, the Accelerated Principal Distribution Amount amount of Deferred Interest and Net Deferred Interest, if any, for such Remittance DateLoan Group; (xxvii) Reservedpayments made under the Yield Maintenance Agreements, if any; (xxviii) the amount of Net Deferred Interest, if any, added to be deposited into the FHA Premium Account on Class Certificate Principal Balance or Component Principal Balance of the related Remittance Date Certificates and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i);Principal-Only Components; and (xxix) the amount of FHA Payments and Related Payments received during the related Due Period;Certificate Insurer Reimbursement Amount, if any; and (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims Deficiency Amount, if any, to be paid during the Due Period; (xxxiii) claims denied by the FHA during Certificate Insurer. The Trustee will make the Due Period; Distribution Date Statement (xxxivand, at its option, any additional files containing the same information in an alternative format) claims pending payment available each month to Certificateholders and the other parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the FHA during Trustee customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the Due Period; and (xxxv) Such other information as above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the Noteholders or Certificateholders may reasonably requirecustomer service desk and indicating such. The Trustee shall forward have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to Certificate Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatemonthly basis. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Seller, the Master Servicer and the Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer and the Servicers (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by each Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and Principal Balances the Bankruptcy Loss Coverage Amount, each as of all Loans which were the subject of Principal Prepayments during the Due Periodrelated Determination Date; (vii) the amount Loan Group Balance and related Net WAC for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Year CMT Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) for each Loan Group, the amount aggregate Principal Balance of interest received on the LoansSix-Month LIBOR Indexed and One-Year LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date[Reserved]; (xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of any Principal Prepayments and Prepayment Penalty Amounts with respect to each Loan Group made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts Period and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance for each Class cumulative amount of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateLosses; (xvi) the calculation Class Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group; (xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the related Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan; (xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i); (xxiii) [Reserved];current Recoveries allocable to each Loan Group; and (xxiv) cumulative Recoveries allocable to each Loan Group. The Securities Administrator will make the Spread Amount Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Specified Subordinated Amount for other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such Remittance Date; (xxv) reports are distributed in order to make such distribution more convenient and/or more accessible to the amount of any Applied Realized Loss Amountparties, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable Securities Administrator shall provide timely and adequate notification to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward all parties regarding any such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2005-4)

Statements. Each month, not (a) No later than 12:00 noon New York time on the Determination second Business Day preceding each Distribution Date, the Master Servicer shall deliver prepare and make available to the Securities Administrator and the Trustee a statement as to such distribution (the “Distribution Date Statement”), based substantially on information provided by the Servicers in the related Remittance Reports, and on each Distribution Date, the Securities Administrator will make such statement available at its website located at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇ to the Trustee, by telecopythe Depositor and each Certificateholder, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered on the Business Day following the Determination Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the followingsetting forth: (i) the Available Remittance Amounts for aggregate amount on deposit in the related Remittance Certificate Account on such Distribution Date; (ii) the Class Accrued Certificate Interest, Unpaid Interest Amount, if any, the Basis Risk Carry Forward Amount, if any, and the Principal Balances for Distribution Amount, with respect to each Class individually, all Classes of the Class A Certificates in the aggregate, all Classes of Class A, Class M Certificates in the aggregate and all Classes of Class B Notes as reported Certificates in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesaggregate; (iii) the Principal Distribution Amounts Pass-Through Rate for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M Certificates applicable to the related Accrual Period and Class B NotesLIBOR applicable to the Certificates with respect to such Distribution Date; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for the related Remittance Date (by Class and in the aggregate)[Reserved]; (v) the Available Maximum Subordination Amount for Certificate Balance of each Class of Offered Certificates, the related Remittance Dateaggregate amount of the interest and principal of each Class of Offered Certificates to be paid on such Distribution Date and the remaining Certificate Balance of each Class of Offered Certificates following any such payment; (vi) the number amount, if any, of any Realized Losses for the related Due Period in the aggregate, the amount of Applied Realized Loss Amounts to each Class of Offered Certificates on such Distribution Date and Principal Balances the amount of all Loans which were Cumulative Realized Losses as of the subject last day of Principal Prepayments during the related Due Period; (vii) the amount of all Curtailments which were received during the Due Period[Reserved]; (viii) the aggregate amount of all Excess Payments and the amounts distribution with respect to each Class of Monthly Payments Offered Certificates (based on a Certificate in respect the original principal amount of principal received during the Due Period$1,000); (ix) the amount of interest received on such distribution allocable to principal of the Mortgage Loans, separately identifying the aggregate amount of any Principal Prepayments, Loan Purchase Price amounts or other recoveries of principal included therein; (x) the amount of the Monthly Advances such distribution allocable to be made interest on the Determination Date, the portion of the Monthly Advances to be deposited Mortgage Loans (based on a Certificate in the Note Distribution Account pursuant to Section 7.01(a)(iioriginal principal amount of $1,000), and the Compensating Interest payment to be made on the Determination Date; (xi) the delinquency and foreclosure information set forth principal amount, if any, of each Class of the Offered Certificates (based on a Certificate in the form attached hereto as Exhibit Loriginal principal amount of $1,000) which will be outstanding after giving effect to any payment of principal on such Distribution Date; (xii) the amount aggregate Pool Balance of any Realized Losses incurred during all Mortgage Loans, as of the last day of the related Due Period; (xiii) based upon information furnished by the Available Remittance Amounts for Depositor such information as may be required by Section 6049(d)(7)(C) of the Remittance Date, Code to assist the Certificateholders in the aggregate and by componentcomputing their market discount; (xiv) the Reimbursable Amounts and weighted average interest rate of the GP Remittance Amount payable with respect to the Remittance DateMortgage Loans; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation weighted average remaining term of the Applied Realized Loss Amount made on such Remittance DateMortgage Loans; (xvi) the calculation number and principal amounts of the Trigger Event, including Mortgage Loans that were 60 days or more Delinquent for each of the various components thereofpreceding three months as of the close of business on the last Business Day of the calendar month next preceding the Distribution Date; (xvii) such other information as the Cumulative Realized Losses, Depositor may reasonably request with respect to the Remittance DateMortgage Loans that are Delinquent; (xviii) the amount, if any, by which Principal Balance of the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Datelargest Mortgage Loans outstanding; (xix) the Servicing Feesnumber, aggregate Principal Balances and percentage of Mortgage Loans that are: (A) 30-59 days Delinquent, (B) 60-89 days Delinquent and (C) 90-119 days Delinquent, (D) 120-149 days Delinquent, (E) 150-179 days Delinquent and (F) 180 or more days Delinquent, as of the Contingency Fees and amounts to be deposited to close of business on the Expense Account last Business Day of the calendar month next preceding the Distribution Date and the FHA Premium Accountaggregate number and aggregate Principal Balance of such Mortgage Loans; (xxa) the amount status, the number, and the Principal Balances of all payments and reimbursements to Mortgage Loans that are in foreclosure proceedings as of the Servicer pursuant to Section 4.04(b)close of business on the last Business Day of the calendar month preceding such Distribution Date (b) the percentage of Mortgage Loans in foreclosure that are Foreclosure Restricted Mortgage Loans, (c), (d)(ii), (e) the percentage of REO Property acquired by the Trust in respect of Foreclosure Restricted Mortgage Loans as of the close of business on the last Business Day of the calendar month preceding such Distribution Date and (f)d) the number and the Principal Balances of all Mortgage Loans that are Foreclosure Restricted Mortgage Loans as of the close of business on the last Business Day of the calendar month preceding such Distribution Date; (xxi) the Class Factor number of Mortgagors and the Principal Balances of the related Mortgages for each Class determined using all Bankruptcy Loans and whether such Mortgage Loans are (A) 30-59 days Delinquent, (B) 60-89 days Delinquent and (C) 90-119 days Delinquent, (D) 120-149 days Delinquent, (E) 150-179 days Delinquent and (F) 180 or more days Delinquent, as of the balances in subclause (xv) aboveclose of business on the last Business Day of the calendar month next preceding such Distribution Date; (xxii) the weighted average Loan Interest Rate number of Mortgagors and the weighted average Class Adjusted Loan Remittance Rates, in each case for Principal Balances of the related Remittance Mortgages for all Mortgage Loans involved in foreclosure proceedings and whether such Mortgage Loans are (A) 30-59 days Delinquent, (B) 60-89 days Delinquent and (C) 90-119 days Delinquent, (D) 120-149 days Delinquent, (E) 150-179 days Delinquent and (F) 180 or more days Delinquent, as of the close of business on the last Business Day of the calendar month next preceding such Distribution Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]the existence and status of any Mortgaged Properties for all Mortgage Loans as to which title has been taken in the name of, or on behalf of the Trustee, as of the close of business of the last Business Day of the month next preceding the Distribution Date; (xxiv) the Spread Amount and book value of any real estate acquired through foreclosure or grant of a deed in lieu of foreclosure for all Mortgage Loans as of the Specified Subordinated Amount for such Remittance close of business on the last Business Day of the calendar month next preceding the Distribution Date; (xxv) the number of Mortgage Loans; (xxvi) identifying the aggregate amount received from: a. Curtailments; b. voluntary payoffs; c. Involuntary Payoffs (the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class Net Liquidation Proceeds applicable to the unpaid principal balance from the loan); and d. Mortgage Loans purchased from the Trust; as of the close of such Remittance Date; (xxvi) business on the Accelerated Principal Distribution Amount for such Remittance Datelast Business Day of the related Due Period; (xxvii) Reservedthe number and Principal Balance of all Mortgage Loans that are subject to loss mitigation as of the close of business on the last Business Day of the calendar month next preceding the Distribution Date; (xxviii) the amount to be deposited into number and Principal Balance of Mortgage Loans that are being contested because of Section 32 of the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i)Truth in Lending Act; (xxix) the amount of FHA Payments current and Related Payments received during cumulative Realized Losses (separately identifying principal and interest losses) from following resolution types: a. REO Property sold; b. short sale; c. deed in lieu; d. no equity second mortgages; and e. other; as of the close of business on the last Business Day of the related Due Period; (xxx) the Reserve Amount for the related Remittance Datenumber and Pool Balance with respect to each product type of all Mortgage Loans that are Bankruptcy Loans, separately identifying: a. those Bankruptcy Loans that are currently meeting their payment plan; b. those Bankruptcy Loans that are 1 to 2 payments behind their payment plan; c. those Bankruptcy Loans that are 2 to 3 payments behind their payment plan; d. those Bankruptcy Loans that are greater than 3 payments behind their payment plan; e. those Bankruptcy Loans that are greater than 4 payments behind their payments; and f. those Bankruptcy Loans that are greater than 5 payments behind their payments; (xxxi) claims filed during the Due Periodcalculations and results of calculations of each Stepdown Date test performed; (xxxii) claims paid during the Due Period[Reserved]; (xxxiii) claims denied by the FHA during amount of any Class P Distributable Amount allocated to the Due Period;Class P Certificates for that Distribution Date; and (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such any other information as that the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereofDepositor, the Trustee shall be entitled to rely upon or the telecopy. In the case of information furnished pursuant to subclauses (ii), (viii) and (xiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per $1,000 original dollar amount as of the Cut-Off Date. (a) Within a reasonable period of time after the end of each calendar year, the Master Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class A, Class M and Class B Noteholder such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xix) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a Noteholder. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in forcedeems necessary. (b) On The Securities Administrator shall report to the Depositor and each Remittance DateCertificateholder, with respect to the amount on deposit in the Certificate Account and the identity of the investments included therein, as the Depositor may from time to time reasonably request. Without limiting the generality of the foregoing, the Trustee shall forward Securities Administrator shall, at the request of the Depositor transmit promptly to the Owner Trustee, for distribution to the Holder Depositor copies of the GP Interest, a copy all accounting of the report forwarded to the Noteholder receipts in respect of such the Mortgage Loans furnished to it by the Master Servicer and shall notify the Depositor if any Remittance Date and a statement setting forth Amount has not been received by the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriateSecurities Administrator when due. (c) Within a reasonable period of time after the end of each calendar year, the Servicer The Securities Administrator shall furnish report to the Trustee, Depositor and each Certificateholder with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant respect to any requirements of the Code as written notices it may from time to time receive which provide an Authorized Officer with actual knowledge that certain of the statements set forth in forcethis Agreement are inaccurate. (d) Upon reasonable advance notice in writingTo the extent received from the Servicers, the Master Servicer will shall make the information in each Remittance Report available to the Depositor, the Securities Administrator, the Trustee and any Certificateholder upon written request therefor. In addition, upon written request from the Depositor, the Securities Administrator, the Trustee or a Certificateholder (such party, the “Requesting Party”), the Master Servicer shall use commercially reasonable efforts to obtain from the Servicers and subsequently provide to each Class Athe Requesting Party, Class M any other reports or information that may be obtained by the Master Servicer from any Servicer pursuant to the related Sale and Class B Noteholder which is Servicing Agreement; provided, however, that if the Master Servicer incurs costs pursuant to a savings Sale and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities Servicing Agreement with respect to investment any particular request, the Master Servicer shall be entitled to reimbursement from the Requesting Party for such costs, together with any other reasonable costs incurred by it for obtaining or delivering the reports or information specified by such request. Unless otherwise instructed by the Depositor, if permitted pursuant to a Sale and Servicing Agreement, the Master Servicer shall request, on an annual basis beginning one year after the Closing Date, copies of the Servicer’s internal quality control reports (it being understood that the Master Servicer shall have no responsibility for, or be deemed to have, constructive notice of any information contained therein or determinable therefrom). Neither the Master Servicer nor the Securities Administrator shall be under any duty to recalculate, verify or recompute the information provided to it under any Sale and Servicing Agreement by the applicable Servicer. (e) Notwithstanding anything to the contrary herein, if the Master Servicer receives a request from a Servicer in accordance with the related Servicing Agreement for the adjusted tax basis of certain Foreclosure Restricted Mortgage Loans (as such term is defined in the Class Arelated Servicing Agreement)) serviced by such Servicer and the adjusted tax basis of all Mortgage Loans serviced by such Servicer, Class M then the Master Servicer shall promptly notify the Securities Administrator of such request. Upon notification of such request from the Master Servicer, the Securities Administrator shall promptly provide such information requested by the Servicer to the Master Servicer, and Class B Notesthe Master Servicer shall provide such requested information to the related Servicer in accordance with the related Servicing Agreement.

Appears in 1 contract

Sources: Master Servicing and Trust Agreement (Gs Mortgage Securities Corp Gsamp Trust 2004-Sea1)

Statements. Each month, not later than 12:00 noon New York time on the Determination Date, the Servicer shall deliver to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered on the Business Day following the Determination Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for the related Remittance Date; (ii) the Class Principal Balances for each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notes; (iii) the Principal Distribution Amounts for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for the related Remittance Date (by Class and in the aggregate); (v) the Available Maximum Subordination Amount for the related Remittance Date; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period; (vii) the amount of all Curtailments which were received during the Due Period; (viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Period; (ix) the amount of interest received on the Loans; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date; (xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (xii) the amount of any Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date; (xvi) the calculation of the Trigger Event, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]the Senior Percentage and the Class B Percentage for the current Remittance Date; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viii) and (xiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per $1,000 original dollar amount as of the Cut-Off Date. (a) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class A, Class M and Class B Noteholder such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xix) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a Noteholder. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Money Store Home Equity Corp)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Trustee shall make available to each Certificateholder, the Certificate Insurers, the Seller and the Rating Agency, a statement based, as applicable, on loan-level information obtained from the Servicer shall deliver (the “Distribution Date Statement”) as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period[reserved]; (vii) the amount Loan Group Balance and related Net WAC and applicable Net WAC Cap for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Month MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) the amount of interest received on the LoansReserved; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination DateReserved; (xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates; (xvi) the calculation Class Certificate Principal Balance or Class Certificate Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesInterest Distributable Amount and Monthly Interest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group; (xx) the amount Pass-Through Rate and Adjusted Cap Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the Servicing Agreement, or the section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan; (xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i); (xxiii) [Reserved]current Recoveries allocable to each Loan Group; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Datecumulative Recoveries allocable to each Loan Group; (xxv) the amount of any Applied Realized Loss AmountBasis Risk Shortfall, Realized Loss Amount if any, and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Daterelated accrued interest thereon; (xxvi) for each Loan Group, the Accelerated Principal Distribution Amount amount of Deferred Interest and Net Deferred Interest, if any, for such Remittance DateLoan Group; (xxvii) Reservedpayments made under the Yield Maintenance Agreements, if any; (xxviii) the amount of Net Deferred Interest, if any, added to be deposited into the FHA Premium Account on Class Certificate Principal Balance or Component Principal Balance of the related Remittance Date Certificates and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i);Principal-Only Components; and (xxix) the amount of FHA Payments and Related Payments received during the related Due Period;Certificate Insurer Reimbursement Amount due to each Certificate Insurer, if any; and (xxx) the Reserve Amount for Deficiency Amount, if any, to be paid by a Certificate Insurer. The Trustee will make the related Remittance Date; Distribution Date Statement (xxxiand, at its option, any additional files containing the same information in an alternative format) claims filed during available each month to Certificateholders and the Due Period; other parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/invr.” Assistance in using the website can be obtained by calling the Trustee customer service desk at (xxxii▇▇▇) claims paid during ▇▇▇-▇▇▇▇. Parties that are unable to use the Due Period; (xxxiii) claims denied above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requirecustomer service desk and indicating such. The Trustee shall forward have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to Certificate Insurers and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatemonthly basis. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling Agreement (HarborView Mortgage Loan Trust 2005-9)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Trustee shall deliver make available to each Certificateholder, the TrusteeCertificate Insurer, by telecopy, for distribution to the NoteholdersSeller, and the Owner Trustee for distribution Rating Agency, a statement based, as applicable, on loan-level information obtained from and the Servicer (the “Distribution Date Statement”) as to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number Pool Balance and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due PeriodLoan Group Balance for such Distribution Date;; (vii) the amount Loan Group Balance and related Net WAC and applicable Net WAC Cap for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Month MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) the amount of interest received on the Loans[reserved]; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date[reserved]; (xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts Period and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates or Principal-Only Components; (xvi) the calculation Class Certificate Principal Balance or Class Certificate Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group; (xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan; (xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i); (xxiii) [Reserved]current Recoveries allocable to each Loan Group; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Datecumulative Recoveries allocable to each Loan Group; (xxv) the amount of any Applied Realized Loss AmountBasis Risk Shortfall, Realized Loss Amount if any, and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Daterelated accrued interest thereon; (xxvi) for each Loan Group, the Accelerated Principal Distribution Amount amount of Deferred Interest and Net Deferred Interest, if any, for such Remittance DateLoan Group; (xxvii) Reservedpayments made under the Yield Maintenance Agreement, if any; (xxviii) the amount of Net Deferred Interest, if any, added to be deposited into the FHA Premium Account on Class Certificate Principal Balance or Component Principal Balance of the related Remittance Date Certificates and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i)Principal-Only Components; (xxix) the amount of FHA Payments and Related Payments received during the related Due PeriodCertificate Insurer Reimbursement Amount, if any; (xxx) the Reserve Amount for Deficiency Amount, if any, to be paid by the related Remittance Date;Certificate Insurer; and (xxxi) claims filed during the Due Period; number of mortgage loans and the aggregate principal balance of the mortgage loans that have negatively amortized in each Loan Group. The Trustee will make the Distribution Date Statement (xxxiiand, at its option, any additional files containing the same information in an alternative format) claims paid during available each month to Certificateholders and the Due Period; other parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Trustee customer service desk at (xxxiii▇▇▇) claims denied ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requirecustomer service desk and indicating such. The Trustee shall forward have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to Certificate Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatemonthly basis. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling Agreement (Mortgage Loan Pass-Through Certificates Series 2005-12)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on information provided to it by the Determination DateServicer, the Certificate Administrator shall prepare and make available to each Holder of the Regular Certificates, the Servicer shall deliver and the Rating Agencies, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class AP Certificates) allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified; (iii) the Principal Distribution Amounts for Pool Balance at the Close of Business at the end of the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B NotesDue Period; (iv) the Interest Shortfall Carryforward Amounts number, aggregate principal balance, and Realized Loss Amounts for weighted average Mortgage Rate of the Mortgage Loans as of the related Remittance Determination Date (by Class and in the aggregate)number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period; (v) the Available Maximum Subordination Amount for the related Remittance Datenumber and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and (C) REO Properties; (vi) the number and Principal Balances of all Loans which were the subject aggregate amount of Principal Prepayments made during the Due related Prepayment Period; (vii) the aggregate amount of all Curtailments which were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses; (viii) the aggregate amount Certificate Principal Balance of all Excess Payments the Class A-1 Certificates, the Mezzanine Certificates and the amounts of Monthly Payments in respect of principal received during Class O Certificates, after giving effect to the Due Perioddistributions made on such Distribution Date; (ix) the amount of interest received on Unpaid Interest Shortfall Amount, if any, with respect to the LoansClass A-1 Certificates, the Mezzanine Certificates and the Class AIO Certificates for such Distribution Date; (x) the aggregate amount of the Monthly Advances to be made on the Determination any Prepayment Interest Shortfalls for such Distribution Date, to the portion of extent not covered by payments by the Monthly Advances to be deposited in the Note Distribution Account Servicer pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date3.25; (xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LCredit Enhancement Percentage for such Distribution Date; (xii) the Available Funds Cap Carryforward Amount for the Class A-1 Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount of any Realized Losses incurred during the related Due Periodremaining unpaid after reimbursements therefor on such Distribution Date; (xiii) the Available Remittance Amounts respective REMIC Pass-Through Rates applicable to the Class A-1 Certificates, the Mezzanine Certificates and the Class AIO Certificates for such Distribution Date and the REMIC Pass-Through Rate applicable to the Class A-1 Certificates and the Mezzanine Certificates for the Remittance immediately succeeding Distribution Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance Supplemental Interest Payment for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Distribution Date; (xvi) the calculation of the Trigger Event, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Closing Date. The Certificate Administrator may, in the absence of manifest error, conclusively rely upon the Determination Date Report of the Servicer in its preparation of the statement to Certificateholders pursuant to this Section 4.03. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Certificate Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Certificate Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee Certificate Administrator shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Certificate Administrator deems necessary or appropriate. (cd) Within a reasonable period of time after the end of each calendar year, the Servicer Certificate Administrator shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP InterestResidual Certificateholder. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Certificate Administrator pursuant to any requirements of the Code as from time to time in force. (de) Upon reasonable advance notice in writingNo later than noon on the Business Day prior to each Distribution Date, the Servicer will provide Certificate Administrator shall forward, by facsimile transmission, the statement prepared pursuant to paragraph (a) of this Section 4.03, together with all other information reasonably necessary to make the distributions pursuant to Section 4.01 of this Agreement, to the Trustee. On each Distribution Date, the Trustee shall forward by mail to each Class ACertificateholder the statement prepared pursuant to paragraph (a) of this Section 4.03. Neither the Trustee nor the Certificate Administrator shall have any responsibility to (i) verify information provided by the Servicer to be included in such statement or (ii) include any information required to be included in such statement if the Servicer has failed to timely produce such information to the Certificate Administrator, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notesas required pursuant hereto.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Residential Asset Funding Corp)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Seller, the Master Servicer and the Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer and the Servicers (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by each Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and Principal Balances the Bankruptcy Loss Coverage Amount, each as of all Loans which were the subject of Principal Prepayments during the Due Periodrelated Determination Date; (vii) the amount Loan Group Balance and related Net WAC for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Year CMT Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) for each Loan Group, the amount aggregate Principal Balance of interest received on the LoansOne-Month LIBOR Indexed, Six-Month LIBOR Indexed and One-Year LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date;[reserved] (xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of any Principal Prepayments and Prepayment Penalty Amounts with respect to each Loan Group made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts Period and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance for each Class cumulative amount of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateLosses; (xvi) the calculation Class Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group; (xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the related Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan; (xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period;Amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i); and (xxiii) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount unpaid Basis Risk Shortfall or Unpaid Basis Risk Shortfall (if applicable) and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance accrued interest thereon, with respect to the Class 1-A Certificates. The Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the amount reimbursable other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Greenwich Capital Accept Inc Harborview Mort Loan Tr 2003 2)

Statements. Each month, not later than 12:00 noon New York time on the Determination Date, the Servicer shall deliver to the Trustee, by telecopy, for (a) Concurrently with each distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which Securities Administrator shall be confirmed telephonicallymake available to each Certificateholder, with hard copy thereof the Seller, the Master Servicer, the Trustee and the Servicer's Monthly Computer Tape in Rating Agencies, a statement based, as applicable, on loan-level information provided to it by the form attached hereto Master Servicer and the Servicers (the “Distribution Date Statement”) as Exhibit M (both in hard copy and in computer tape form) to the distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and . The Distribution Date Statement shall include the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by each Servicer during the related Remittance Date (by Class and in the aggregate)Due Period; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances as reported by each Servicer; (vi) the number Loan Group Balance and Principal Balances related Net WAC for each Loan Group at the Close of all Loans which were Business at the subject end of Principal Prepayments during the related Due Period; (vii) the amount aggregate Principal Balance of all Curtailments which were received during the One-Year CMT Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (viii) the aggregate amount Principal Balance of all Excess Payments the Six-Month LIBOR Indexed, One-Month LIBOR Indexed and One-Year LIBOR Indexed Mortgage Loans at the amounts Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) the amount of interest received on the LoansMaster Servicer Fees paid to or retained by the Master Servicer; (x) the aggregate amount of Servicing Fees paid to or retained by the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination DateServicers; (xi) to the delinquency extent that such amounts are paid out of the Distribution Account, the amount of fees, expenses or indemnification amounts paid by the Trust with an identification of the general purpose of such amounts and foreclosure information set forth in the form attached hereto as Exhibit Lparty receiving such amounts; (xii) for each Loan Group, the amount number, weighted average remaining term to maturity, weighted average life and weighted average Loan Rate of any Realized Losses incurred during the related Mortgage Loans as of the related Due PeriodDate; (xiii) the Available Remittance Amounts for the Remittance Datenumber and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and by componentfor each Loan Group, using the “MBA” method (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance rolling six-month delinquency rate for that Distribution Date; (xv) the Class Principal Balance for total number and cumulative principal balance of all REO Properties in each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation Loan Group as of the Applied Realized Loss Amount made on such Remittance DateClose of Business of the last day of the preceding Due Period; (xvi) the calculation aggregate amount of Principal Prepayments and Prepayment Penalty Amounts with respect to each Loan Group made during the Trigger Event, including the various components thereofrelated Prepayment Period; (xvii) the Cumulative aggregate amount of Realized Losses, with respect to Losses for each Loan Group and Recoveries incurred during the Remittance related Due Period and the cumulative amount of Realized Losses and Recoveries as of such Distribution Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount cumulative amount of Realized Losses for such Remittance Dateeach Loan Group; (xix) the Servicing FeesRealized Losses and Recoveries, if any, allocated to each Class of Certificates on the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Accountrelated Distribution Date; (xx) the amount Class Certificate Principal Balance of all payments each Class of Certificates and reimbursements the Apportioned Principal Balances of the Subordinate Certificates after giving effect to the Servicer pursuant to Section 4.04(b)any distributions made thereon, (c), (d)(ii), (e) and (f)on such Distribution Date; (xxi) the Class Factor for Interest Distributable Amount in respect of each Class determined using of Certificates, for such Distribution Date and the balances respective portions thereof, if any, remaining unpaid following the distributions made in subclause (xv) aboverespect of such Certificates on such Distribution Date; (xxii) the weighted average Loan aggregate amount of any Net Interest Rate Shortfalls and the weighted average Class Adjusted Loan Remittance Rates, in each case Unpaid Interest Shortfall Amount for the related Remittance such Distribution Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]the Available Funds with respect to each Loan Group; (xxiv) the Spread Amount Pass-Through Rate for each Class of Certificates for such Distribution Date and the Specified Subordinated Amount for such Remittance Datelevel of LIBOR used to determine the applicable Pass-Through Rate; (xxv) the amount aggregate Principal Balance of any Applied Realized Loss AmountMortgage Loans purchased hereunder by the Seller during the related Due Period, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as indicating the relevant section of the close related Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each such Remittance DateMortgage Loan; (xxvi) the Accelerated amount of any Principal Distribution Amount for such Remittance DateDeficiency Amounts or Accrued Interest Amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i); (xxvii) Reserved;the total number of Mortgage Loans in the aggregate and the aggregate Stated Principal Balance for the Group 1 Mortgage Loans (also separately stating such information for the Adjustable Rate Mortgage Loans, the Three-Year Hybrid Mortgage Loans and the Five-Year Hybrid Mortgage Loans), the Group 2 Mortgage Loans and the Group 3 Mortgage Loans, in each case at the close of business at the end of the related Due Period; and (xxviii) the amount of any Class ES Distributable Amount. The Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to be deposited into the FHA Premium Account on the related Remittance Date Certificateholders and the amount reimbursable other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 1-866-846-4526. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ixi), (xiii), (xixii) and (xxxv), iv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2007-4)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) Two Business Days prior to each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopy, for and concurrently with each distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which Securities Administrator shall be confirmed telephonicallymake available to each Certificateholder, with hard copy thereof the Seller, the Master Servicer, the Trustee and the Rating Agency, a statement based, as applicable, on loan-level information provided to it by the Master Servicer's Monthly Computer Tape in , (the form attached hereto “Distribution Date Statement”) as Exhibit M (both in hard copy and in computer tape form) to the distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by each Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and Principal Balances the Bankruptcy Loss Coverage Amount, each as of all Loans which were the subject of Principal Prepayments during the Due Periodrelated Determination Date; (vii) the amount Loan Group Balance and related Net WAC for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Year CMT Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) for each Loan Group, the amount aggregate Principal Balance of interest received on the LoansSix-Month LIBOR Indexed, One-Month LIBOR Indexed and One-Year LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date;[reserved] (xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of any Principal Prepayments and Prepayment Penalty Amounts with respect to each Loan Group made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts Period and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance for each Class cumulative amount of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateLosses; (xvi) the calculation Class Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group; (xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the related Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) above;such Mortgage Loan; and (xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate Amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i). The Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the weighted average Class Adjusted Loan Remittance Rates, other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in each case for using the related Remittance Datewebsite can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the parties, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount Securities Administrator shall provide timely and the Specified Subordinated Amount for adequate notification to all parties regarding any such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc Thorn Mort Sec Tr 2003-1)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer Master Servicer, the Trustee shall deliver prepare and make available to each Holder of the Regular Certificates, the Master Servicer, the Certificate Insurer and the Rating Agencies, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S-1 Certificates), separately identified, allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class ARegular Certificates allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified; (iii) the Principal Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount for each Certificate Group for such Distribution Amounts for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) with respect to each Loan Group, the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Master Servicer with respect to the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) with respect to each Loan Group, the Available Maximum Subordination Amount aggregate amount of Advances of interest made by the Master Servicer for such Distribution Date and the related Remittance Dateamount of any recoveries received by the Master Servicer in reimbursement of Advances of interest made by the Master Servicer with respect to prior Distribution Dates; (vi) the number and aggregate Principal Balances Balance of all the Loans which were in each Loan Group at the subject Close of Principal Prepayments during Business at the end of the related Due Period; (vii) the amount number, aggregate Principal Balance, weighted average remaining term to maturity and weighted average Loan Rate of all Curtailments which were received during the Loans in each Loan Group as of the last day of the related Due Period; (viii) the number and aggregate amount unpaid principal balance of all Excess Payments Loans in each Loan Group that were (A) Delinquent (exclusive of Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the amounts Close of Monthly Payments in respect Business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date and (D) REO Properties; (ix) with respect to each Loan Group and any Loan therein that became an REO Property during the amount preceding Prepayment Period, the unpaid Principal Balance thereof and the Principal Balance thereof as of interest received on the Loansdate it became an REO Property; (x) the amount total number and cumulative principal balance of all REO Properties in each Loan Group as of the Monthly Advances to be made on the Determination Date, the portion Close of Business of the Monthly Advances to be deposited in last day of the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Datepreceding Due Period; (xi) with respect to each Loan Group, the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (xii) the aggregate amount of any Realized Losses incurred Principal Prepayments made during the related Due Period; (xii) with respect to each Loan Group, the aggregate amount of Realized Losses incurred during the related Due Period and the cumulative amount of Realized Losses for such Loan Group; (xiii) the Available Remittance Amounts aggregate amount of Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for the Remittance such Distribution Date, in the aggregate and by componentidentifying to which Loan Group or Certificate Group such expenses relate; (xiv) the Reimbursable Amounts Certificate Principal Balance of the each Class of the Class A Certificates and each Class of the GP Remittance Amount payable with respect Class C Certificates, after giving effect to the Remittance distributions made on such Distribution Date; (xv) the Class Principal Balance for Monthly Interest Distributable Amount in respect of the each Class of the Class AA Certificates, the Class M S-1 Certificates and each Class B Notes of the Class C Certificates for such Distribution Date and the Pool Balance after giving effect Unpaid Interest Shortfall Amount, if any, with respect to the distribution to be made on the Remittance Date and after allocation each Class of the Applied Realized Loss Amount made on Class A Certificates, the Class S-1 Certificates and each Class of the Class C Certificates for such Remittance Distribution Date; (xvi) with respect to each Loan Group, the calculation aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the Trigger Event, including extent not covered by payments by the various components thereofMaster Servicer pursuant to Section 3.26; (xvii) the Cumulative Realized Lossesamount of the premium payable under the Policy for such Distribution Date, separately identifying the portion of such premium payable with respect to the Remittance DateClass A-1 Certificates and the Class S-1 Certificates, on the one hand, and with respect to the Class A-2 Certificates, on the other hand; (xviii) when the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance DateStepdown Date has occurred; (xix) the Servicing Feesrespective Pass-Through Rates applicable to the Class A Certificates, the Contingency Fees and amounts to be deposited to the Expense Account Class S-1 Certificates and the FHA Premium AccountClass C Certificates for such Distribution Date and, in the case of the Class A Certificates, whether such Pass-Through Rate was the related Net WAC Rate; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Net WAC Rate for each Certificate Group for such Distribution Date; (xxi) the Class Factor Group I Available Funds and the Group II Available Funds for each Class determined using the balances in subclause (xv) abovesuch Distribution Date; (xxii) the weighted average number and aggregate principal balance of all Subsequent Loans added to Loan Interest Rate and Group I during the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodpreceding Due Period; (xxiii) [Reserved]the amount on deposit in the Pre-Funding Account immediately prior to the related Due Period, the amount withdrawn therefrom during the related Due Period and the amount remaining on deposit therein as of the end of the related Due Period and as of such Distribution Date; (xxiv) the Spread Amount amount on deposit in the Interest Coverage Account immediately pto such Distribution Date, the amount withdrawn therefrom for such Distribution Date and included in the Group I Available Funds for such Distribution Date, the amount remaining on deposit after taking into account such withdrawal and the Specified Subordinated Amount maximum amount that (assuming sufficient funds therein) would be withdrawn therefrom on future Distribution Dates and included in the Group I Available Funds for such Remittance Distribution Dates in accordance with Section 4.11(c) if the Funding Period were to end on June 19, 2001 and no Subsequent Loans were purchased for inclusion in the Loan Group I after the end of the Due Period relating to the current Distribution Date; (xxv) for the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as distribution occurring on the Distribution Date immediately following the end of the close Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Remittance Distribution Date; (xxvi) the Accelerated Principal Distribution amount of any Insured Amount for such Remittance Distribution Date (separately identifying for each insured Class, any interest portion of such Insured Amount payable on such Class and any principal portion of such Insured Amount payable on such Class) and the amount of any Insured Payment in respect of a Preference Amount included in the amount distributed on each insured Class on such Distribution Date;; and (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance of Cumulative Insurance Payments for such Distribution Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during Certificate Insurer in respect thereof on such Distribution Date, in each case separately identified by Certificate Group. The Trustee will make such statement (and, at its option, any additional files containing the Due Period; same information in an alternative format) available each month to Certificateholders, the Certificate Insurer and the Rating Agencies via w▇▇.▇▇▇▇▇▇▇▇.▇▇▇. Parties that are unable to use w▇▇.▇▇▇▇▇▇▇▇.▇▇▇ are entitled to have a paper copy mailed to them via first class mail by calling the Trustee at (xxxiv▇▇▇) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require▇▇▇-▇▇▇▇ and indicating such. The Trustee shall forward have the right to change the way such report statements are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders above parties and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall above parties regarding any such changes. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Class R Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Trustee deems necessary or appropriate. (cd) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP InterestClass R Certificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Financial Asset Sec Corp New South Home Equity Trust 2001-1)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on the Determination DateMortgage Loan information contained in the Remittance Report, the Servicer Trustee shall deliver prepare and post on its website at www.chase.com/sfa, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the followingsuch D▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal or reduction of Notional Amount, separately identified; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to interest or Class AX Distributable Amount, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified; (iii) the Principal Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Overcollateralization Target Amount as of such Distribution Amounts Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for the related Remittance such Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Collection Period and in the aggregate)accrued and unpaid Special Servicing Fees; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateCollection Period; (vi) the number Pool Balance and Principal Balances the Loan Group Balance for each Loan Group at the close of all Loans which were business at the subject end of Principal Prepayments during the Due related Collection Period; (vii) separately stated for each Loan Group and each Sub-group, the amount number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of all Curtailments which were received during the Mortgage Loans as of the related Due PeriodDate; (viii) separately stated for each Loan Group and each Sub-group, the number and aggregate amount unpaid principal balance of all Excess Payments Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the amounts close of Monthly Payments in respect business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date; (ix) separately stated for each Loan Group and each Sub-group, with respect to any Mortgage Loan that became an REO Property during the amount preceding calendar month, the loan number of interest received on such Mortgage Loan, the Loansunpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property; (x) separately stated for each Loan Group and each Sub-group, the amount book value of any REO Property as of the Monthly Advances to be made close of business on the Determination last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the portion total number and cumulative principal balance of all REO Properties as of the Monthly Advances to be deposited in close of business of the Note Distribution Account pursuant to Section 7.01(a)(ii), and last day of the Compensating Interest payment to be made on the Determination Datepreceding Collection Period; (xi) separately stated for each Loan Group and each Sub-group, the delinquency and foreclosure information set forth in aggregate amount of Principal Prepayments made during the form attached hereto as Exhibit Lrelated Prepayment Period; (xii) the aggregate amount of any prepayment penalties collected or deposits by the Seller in lieu thereof pursuant to Section 3.01 during the related Collection Period and the amounts thereof allocable to the Class N Certificates and the Class X Certificates; (xiii) separately stated for each Loan Group and each Sub-group, the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) Collection Period and the Available Remittance Amounts for the Remittance Date, in the aggregate and by componentcumulative amount of Realized Losses; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect Certificate Principal Balance, or Notional Amount, as applicable, of each Class of Certificates, after giving effect to the Remittance distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts; (xv) the Class Principal Balance for Accrued Certificate Interest in respect of each Class of Class AOffered Certificates for such Distribution Date, Class M and Class B Notes separately identifying the portions thereof attributable to Rate Payments, and the Pool Balance after giving effect to respective portions thereof, if any, remaining unpaid following the distribution to be distributions made on the Remittance Date and after allocation in respect of the Applied Realized Loss Amount made such Certificates on such Remittance Distribution Date; (xvi) the calculation aggregate amount of the Trigger Eventany Prepayment Interest Shortfalls for such Distribution Date, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, extent not covered by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to by the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)3.23; (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiiixvii) [Reserved]; (xviii) [Reserved]; (xix) the amount of the Trustee Fee paid; (xx) the LIBOR Carryover Amounts for the Class A-1F and Class A-1A Certificates distributed on such Distribution Date and the amounts remaining after giving effect to distributions thereof on such Distribution Date; (xxi) any Overcollateralization Deficiency after giving effect to the distribution of principal on such Distribution Date; (xxii) whether a Trigger Event has occurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance; (xxiii) the Available Funds; (xxiv) the Spread Amount and the Specified Subordinated Amount rate at which interest accrues for each Class of Certificates for such Remittance Distribution Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount Liquidation Report for each Class as of the close of such Remittance Distribution Date; (xxvi) the Accelerated Principal Distribution Amount for amount of any transfers from the HLTV Reserve Account and the amount remaining on deposit in the HLTV Reserve Account (with respect to each Loan Group) after giving effect to any such Remittance Datetransfers; (xxvii) Reserved;the aggregate Principal Balance of Mortgage Loans purchased by the Servicer or Seller during the related Collection Period and indicating the Section of this Agreement requiring or allowing the purchase of each such Mortgage Loan; and (xxviii) the amount to be deposited into aggregate Principal Balance of the FHA Premium Account on Mortgage Loans repurchased by the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received Seller during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requireCollection Period in connection with Section 3.16. The Trustee may fully rely upon and shall forward such report have no liability with respect to information with respect to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared Mortgage Loans provided by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), i) through (viii) and (xiiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ixi), (xiiiii), (xixxv) and (xxxv), xx) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Class R Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Trustee deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Class R Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Asset Backed Funding Corp)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on the Determination DateMortgage Loan information contained in the Remittance Report, the Servicer Trustee shall deliver prepare and post on its website at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal or reduction of Notional Amount, separately identified; (ii) the Class Principal Balances for applicable Record Date, accrual date and Determination Date; (iii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to interest or Class X Distributable Amount, separately identified; (iv) the Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Targeted Overcollateralization Amount as of such Distribution Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for such Distribution Date; (v) the aggregate amount of servicing compensation received by the Servicer during the related Collection Period; (vi) the aggregate amount of Advances for the related Collection Period; (vii) the Pool Balance and the Loan Group Balance for each Loan Group at the close of business at the end of the related Collection Period; (viii) separately stated for each Loan Group, the number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Due Date; (ix) separately stated for each Loan Group, the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the close of business on the last day of the calendar month preceding such Distribution Date; (x) separately stated for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property; (xi) separately stated for each Loan Group, the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the close of business of the last day of the preceding Collection Period; (xii) separately stated for each Loan Group, the aggregate amount of Principal Prepayments made during the related Prepayment Period; (xiii) the aggregate amount of prepayment penalties collected (including amounts deposited in connection with the full or partial waiver of such prepayment penalties pursuant to Section 3.01) during the related Collection Period and the amounts thereof allocable to the Class N Certificates and the Class X Certificates; (xiv) separately stated for each Loan Group, the aggregate amount of Realized Losses incurred during the related Collection Period and the cumulative amount of Realized Losses; (xv) separately stated for each Loan Group, any material modifications, extensions or waivers to the terms, fees, penalties or payments of the related Mortgage Loans; (xvi) the Certificate Principal Balance, or Notional Amount, as applicable, of each Class of Certificates, after giving effect to the distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts; (xvii) the Accrued Certificate Interest in respect of each Class of the Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Certificates for such Distribution Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notes; (iii) the Principal Distribution Amounts for the related Remittance Date, in the aggregate and listed separately for identifying the portions relating thereof attributable to each Class of Class ANet WAC Carryover Amounts, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for the related Remittance Date (by Class and in the aggregate); (v) the Available Maximum Subordination Amount for the related Remittance Date; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period; (vii) the amount of all Curtailments which were received during the Due Period; (viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments respective portions thereof, if any, remaining unpaid following the distributions made in respect of principal received during the Due Period; (ix) the amount of interest received on the Loans; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date; (xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (xii) the amount of any Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made such Certificates on such Remittance Date; (xvi) the calculation of the Trigger Event, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Distribution Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount aggregate amount of any Prepayment Interest Shortfalls for such Remittance Distribution Date, to the extent not covered by payments by the Servicer pursuant to Section 3.23; (xix) the Servicing Fees, the Contingency Fees and any amounts to be deposited in the Reserve Account pursuant to the Expense Account Cap Contracts as described in Section 4.02(f) and the FHA Premium Accountamount thereof to be paid to the Class AV or Class M Certificates; (xx) the amount balance of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Reserve Account as of such Distribution Date; (xxi) the Class Factor for each Class determined using amount of the balances in subclause (xv) aboveTrustee Fee paid; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Net WAC Carryover Amounts distributed on such Distribution Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]any Overcollateralization Deficiency after giving effect to the distribution of principal on such Distribution Date; (xxiv) the Spread Amount whether a Trigger Event has occurred and is continuing, and the Specified Subordinated Amount for such Remittance Datecumulative Realized Losses, as a percentage of the original Pool Balance; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance DateAvailable Funds; (xxvi) the Accelerated Principal Distribution Amount rate at which interest accrues for each Class of Certificates for such Remittance Distribution Date; (xxvii) Reservedthe Liquidation Report for such Distribution Date; (xxviii) the amount to be deposited into aggregate Principal Balance of Mortgage Loans purchased by the FHA Premium Account on Servicer or Sponsor during the related Remittance Date Collection Period and indicating the amount reimbursable to Section of this Agreement requiring or allowing the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i);purchase of each such Mortgage Loan; and (xxix) the amount aggregate Principal Balance of FHA Payments and Related Payments received the Mortgage Loans repurchased by the Servicer (or an affiliate) during the related Due Period; Collection Period in connection with Section 3.16. Parties that are unable to use ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇ are entitled to have a paper copy mailed to them via first class mail by calling the Trustee at (xxx▇▇▇) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require▇▇▇-▇▇▇▇ and indicating such. The Trustee shall forward have the right to change the way such report statements are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders above parties and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to all above parties regarding any such changes. The Trustee may fully rely upon and shall have no liability with respect to information with respect to the telecopyMortgage Loans provided by the Servicer. In the case of information furnished pursuant to subclauses (ii), i) through (viii) and (xiiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ixi), (xiiiii), (xixxv) and (xxxv), xx) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward make available to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report forwarded reports made available to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Trustee deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Residual Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Ownit Mortgage Loan Trust, Series 2006-1)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Trustee shall deliver make available to each Certificateholder, the Trustee, by telecopy, for distribution to the NoteholdersSeller, and the Owner Trustee for distribution Rating Agency, a statement based, as applicable, on loan-level information obtained from and the Servicer (the “Distribution Date Statement”) as to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period[reserved]; (vii) the amount Loan Group Balance and related Net WAC and Net WAC Cap for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Month MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) for each Loan Group, the amount of interest received on the Loans; (x) the amount aggregate Principal Balance of the Monthly Advances to be made on One-Month LIBOR Indexed Mortgage Loans at the Determination Date, Close of Business at the portion end of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date; (xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (xii) the amount of any Realized Losses incurred during the related Due Period; (xiiix) the Available Remittance Amounts for the Remittance Dateeach Loan Group, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date; (xvi) COFI Indexed Mortgage Loans at the calculation Close of Business at the Trigger Event, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount end of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxxxi) for each Loan Group, the Reserve Amount for number, weighted average remaining term to maturity and weighted average Loan Rate of the related Remittance Mortgage Loans as of the related Due Date; (xxxixii) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders number and the Owner Trustee on the Remittance Dateaggregate unpaid principal balance of Mortgage Loans, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); aggregate and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii)for each Loan Group, (viiia) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (xiiie) abovein bankruptcy, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per $1,000 original dollar amount case as of the Cut-Off Date. (a) Within a reasonable period close of time after business on the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class A, Class M and Class B Noteholder such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xix) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a Noteholder. Such obligation last day of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriate. (c) Within a reasonable period of time after the end of each preceding calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.month;

Appears in 1 contract

Sources: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2004-9)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Trustee shall deliver make available to each Certificateholder, the TrusteeCertificate Insurer, by telecopy, for distribution to the NoteholdersSeller, and the Owner Trustee for distribution Rating Agency, a statement based, as applicable, on loan-level information obtained from and the Servicer (the “Distribution Date Statement”) as to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period[reserved]; (vii) the amount Loan Group Balance and related Net WAC and applicable Net WAC Cap for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Month MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) the amount of interest received on the LoansReserved; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination DateReserved; (xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts Period and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates or Principal-Only Components; (xvi) the calculation Class Certificate Principal Balance or Class Certificate Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group; (xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan; (xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i); (xxiii) [Reserved]current Recoveries allocable to each Loan Group; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Datecumulative Recoveries allocable to each Loan Group; (xxv) the amount of any Applied Realized Loss AmountBasis Risk Shortfall, Realized Loss Amount if any, and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Daterelated accrued interest thereon; (xxvi) for each Loan Group, the Accelerated Principal Distribution Amount amount of Deferred Interest and Net Deferred Interest, if any, for such Remittance DateLoan Group; (xxvii) Reservedpayments made under the Yield Maintenance Agreements, if any; (xxviii) the amount of Net Deferred Interest, if any, added to be deposited into the FHA Premium Account on Class Certificate Principal Balance or Component Principal Balance of the related Remittance Date Certificates and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i);Principal-Only Components; and (xxix) the amount of FHA Payments and Related Payments received during the related Due Period;Certificate Insurer Reimbursement Amount, if any; and (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims Deficiency Amount, if any, to be paid during the Due Period; (xxxiii) claims denied by the FHA during Certificate Insurer. The Trustee will make the Due Period; Distribution Date Statement (xxxivand, at its option, any additional files containing the same information in an alternative format) claims pending payment available each month to Certificateholders and the other parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the FHA during Trustee customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the Due Period; and (xxxv) Such other information as above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the Noteholders or Certificateholders may reasonably requirecustomer service desk and indicating such. The Trustee shall forward have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to Certificate Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatemonthly basis. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2005-2)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on information provided to it by the Determination DateServicer, the Certificate Administrator shall prepare and make available to each Holder of the Regular Certificates, the Servicer shall deliver and the Rating Agencies, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class AP Certificates) allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified; (iii) the Principal Distribution Amounts for Pool Balance at the Close of Business at the end of the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B NotesDue Period; (iv) the Interest Shortfall Carryforward Amounts number, aggregate principal balance, and Realized Loss Amounts for weighted average Mortgage Rate of the Mortgage Loans as of the related Remittance Determination Date (by Class and in the aggregate)number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period; (v) the Available Maximum Subordination Amount for the related Remittance Datenumber and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and (C) REO Properties; (vi) the number and Principal Balances of all Loans which were the subject aggregate amount of Principal Prepayments made during the Due related Prepayment Period; (vii) the aggregate amount of all Curtailments which were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses; (viii) the aggregate amount Certificate Principal Balance of all Excess Payments the Class A-1 Certificates, the Mezzanine Certificates and the amounts of Monthly Payments in respect of principal received during Class O Certificates, after giving effect to the Due Perioddistributions made on such Distribution Date; (ix) the amount of interest received on Unpaid Interest Shortfall Amount, if any, with respect to the LoansClass A-1 Certificates, the Mezzanine Certificates and the Class AIO Certificates for such Distribution Date; (x) the aggregate amount of the Monthly Advances to be made on the Determination any Prepayment Interest Shortfalls for such Distribution Date, to the portion of extent not covered by payments by the Monthly Advances to be deposited in the Note Distribution Account Servicer pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date3.25; (xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LCredit Enhancement Percentage for such Distribution Date; (xii) the Available Funds Cap Carryforward Amount for the Class A-1 Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount of any Realized Losses incurred during the related Due Periodremaining unpaid after reimbursements therefor on such Distribution Date; (xiii) the Available Remittance Amounts respective REMIC Pass-Through Rates applicable to the Class A-1 Certificates, the Mezzanine Certificates and the Class AIO Certificates for such Distribution Date and the REMIC Pass-Through Rate applicable to the Class A-1 Certificates and the Mezzanine Certificates for the Remittance immediately succeeding Distribution Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance Supplemental Interest Payment for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Distribution Date; (xvi) the calculation of the Trigger Event, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Closing Date. The Certificate Administrator may, in the absence of manifest error, conclusively rely upon the Determination Date Report of the Servicer in its preparation of the statement to Certificateholders pursuant to this Section 4.03. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Certificate Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Certificate Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee Certificate Administrator shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Certificate Administrator deems necessary or appropriate. (cd) Within a reasonable period of time after the end of each calendar year, the Servicer Certificate Administrator shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP InterestResidual Certificateholder. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Certificate Administrator pursuant to any requirements of the Code as from time to time in force. (de) Upon reasonable advance notice in writingNo later than noon on the Business Day prior to each Distribution Date, the Servicer will provide Certificate Administrator shall forward, by facsimile transmission, the statement prepared pursuant to paragraph (a) of this Section 4.03, together with all other information reasonably necessary to make the distributions pursuant to Section 4.01 of this Agreement, to the Trustee. On each Distribution Date, the Trustee shall forward by mail to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access Certificateholder the statement prepared pursuant to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations paragraph (a) of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notesthis Section 4.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Residential Asset Funding Corp)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on information provided to it by the Determination DateServicer, the Trustee shall make available to each Holder of the Regular Certificates, the Servicer shall deliver and the Rating Agencies, a statement (the "Distribution Date Statement") as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage for such Distribution Amounts for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period[reserved]; (vii) the amount Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and the Bankruptcy Loss Coverage Amount, each as of all Curtailments which were received during the Due Periodrelated Determination Date; (viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due PeriodNet WAC; (ix) the amount number, weighted average remaining term to maturity and weighted average Mortgage Rate of interest received on the LoansMortgage Loans as of the related Due Date; (x) the amount number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the Monthly Advances to be made Close of Business on the Determination Date, the portion last day of the Monthly Advances to be deposited in the Note calendar month preceding such Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date; (xi) the delinquency book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and foreclosure information set forth in cumulative principal balance of all REO Properties as of the form attached hereto as Exhibit LClose of Business of the last day of the preceding Due Period; (xii) the aggregate amount of any Principal Prepayments made during the related Prepayment Period; (xiii) [reserved]; (xiv) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts Period and the GP Remittance Amount payable with respect to the Remittance Datecumulative amount of Realized Losses; (xv) the Class Certificate Principal Balance for of each Class of Certificates (other than the Class A, Class M and Class B Notes X Certificates) and the Pool Class X Certificate Notional Balance of the Class X Certificates after giving effect to the distribution to be any distributions made on the Remittance Date and after allocation of the Applied Realized Loss Amount made thereon on such Remittance Distribution Date; (xvi) the calculation Interest Distributable Amount in respect of each Class of the Trigger EventCertificates, including for such Distribution Date and the various components respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xvii) the Cumulative Realized Lossesaggregate amount of any Prepayment Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date, with respect to the Remittance Dateextent not covered by payments by the Servicer pursuant to Section 3.24 hereof; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance DateAvailable Funds; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account;Pass-Through Rate for each Class of Certificates for such Distribution Date; and (xx) the amount aggregate Principal Balance of all payments and reimbursements to Mortgage Loans purchased by the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) or the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received Seller during the related Due Period; , and indicating the Section of this Agreement requiring or allowing the purchase of each such Mortgage Loan. The Trustee will make the Distribution Date Statement (xxxand, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Reserve Amount for other parties to this Agreement via the related Remittance Date; Trustee's internet website and will forward the Distribution Date Statement to each Rating Agency. The Trustee's internet website shall initially be located at "www.ctslink.com". Assistance in using the website or the fax-on-d▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇an be obtained by calling the Trustee's customer service desk at (xxxi301) claims filed during 815-6600. Parties that are unable to use the Due Period; (xxxii) claims paid during above distribu▇▇▇▇ ▇▇▇▇▇▇ ▇▇e entitled to have a paper copy mailed to them via first class mail by calling the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requirecustomer service desk and requesting same. The Trustee shall forward have the right to change the way Distribution Date Statements are distributed in order to make such report distribution more convenient and/or more accessible to the Noteholders above parties and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to all the above parties regarding any such changes. The Trustee's obligations pursuant to this Section 4.04 are limited to the extent of its receipt of all necessary information from the Servicer. The Trustee may fully rely upon and shall have no liability with respect to information provided by the telecopyServicer. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc MRT Ln Ps Th CRT Sr 01 Frb1)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Seller, the Master Servicer and the Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer and the Servicers (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by each Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and Principal Balances the Bankruptcy Loss Coverage Amount, each as of all Loans which were the subject of Principal Prepayments during the Due Periodrelated Determination Date; (vii) the amount Loan Group Balance and related Net WAC for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Year CMT Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) for each Loan Group, the amount aggregate Principal Balance of interest received on the LoansOne-Month LIBOR Indexed, Six-Month LIBOR Indexed and One-Year LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date;[reserved] (xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of any Principal Prepayments and Prepayment Penalty Amounts with respect to each Loan Group made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts Period and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance for each Class cumulative amount of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateLosses; (xvi) the calculation Class Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group; (xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the related Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan; (xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i); (xxiii) [Reserved]the amount of any unpaid Basis Risk Shortfall or Unpaid Basis Risk Shortfall (if applicable) and the related accrued interest thereon, with respect to the LIBOR Certificates; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date;current Recoveries allocable to each Loan Group; and (xxv) cumulative Recoveries allocable to each Loan Group. The Securities Administrator will make the amount of Distribution Date Statement (and, at its option, any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for additional files containing the same information in an alternative format) available each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount month to be deposited into the FHA Premium Account on the related Remittance Date Certificateholders and the amount reimbursable other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2004-4)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on the Determination DateMortgage Loan information contained in the Remittance Report, the Servicer Trustee shall deliver prepare and post on its website at www.jpmorgan.com/sfr, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the followingsuch ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal or reduction of Notional Amount, separately identified; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to interest or Class AX Distributable Amount, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified; (iii) the Principal Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Targeted Overcollateralization Amount as of such Distribution Amounts Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for the related Remittance such Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class and in the aggregate)Collection Period; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateCollection Period; (vi) the number and Principal Balances Pool Balance at the close of all Loans which were business at the subject end of Principal Prepayments during the Due related Collection Period; (vii) the amount number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of all Curtailments which were received during the Mortgage Loans as of the related Due PeriodDate; (viii) the number and aggregate amount unpaid principal balance of all Excess Payments Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the amounts close of Monthly Payments in respect business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date; (ix) with respect to any Mortgage Loan that became an REO Property during the amount preceding calendar month, the loan number of interest received on such Mortgage Loan, the Loansunpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property; (x) the amount book value of any REO Property as of the Monthly Advances to be made close of business on the Determination last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the portion total number and cumulative principal balance of all REO Properties as of the Monthly Advances to be deposited in close of business of the Note Distribution Account pursuant to Section 7.01(a)(ii), and last day of the Compensating Interest payment to be made on the Determination Datepreceding Collection Period; (xi) the delinquency and foreclosure information set forth in aggregate amount of Principal Prepayments made during the form attached hereto as Exhibit Lrelated Prepayment Period; (xii) the aggregate amount of any prepayment penalties collected (including amounts deposited in connection with the full or partial waiver of such prepayment penalties pursuant to Section 3.01) during the related Collection Period and the amounts thereof allocable to the Class N Certificates and the Class X Certificates; (xiii) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) Collection Period and the Available Remittance Amounts for the Remittance Date, in the aggregate and by componentcumulative amount of Realized Losses; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect Certificate Principal Balance, or Notional Amount, as applicable, of each Class of Certificates, after giving effect to the Remittance distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts; (xv) the Class Principal Balance for Accrued Certificate Interest in respect of each Class of Class AOffered Certificates for such Distribution Date, Class M and Class B Notes separately identifying the portions thereof attributable to LIBOR Carryover Amounts, and the Pool Balance after giving effect to respective portions thereof, if any, remaining unpaid following the distribution to be distributions made on the Remittance Date and after allocation in respect of the Applied Realized Loss Amount made such Certificates on such Remittance Distribution Date; (xvi) the calculation aggregate amount of the Trigger Eventany Prepayment Interest Shortfalls for such Distribution Date, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, extent not covered by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to by the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)3.23; (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiiixvii) [Reserved]; (xviii) [Reserved]; (xix) the amount of the Trustee Fee paid; (xx) the LIBOR Carryover Amounts distributed on such Distribution Date and the portion thereof constituting LIBOR Carryover Amounts, the amount of all LIBOR Carryover Amounts covered by withdrawals from the Reserve Account and the amounts remaining after giving effect to distributions thereof on such Distribution Date; (xxi) any Overcollateralization Deficiency after giving effect to the distribution of principal on such Distribution Date; (xxii) whether a Trigger Event has occurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance; (xxiii) the Available Funds; (xxiv) the Spread Amount and the Specified Subordinated Amount rate at which interest accrues for each Class of Certificates for such Remittance Distribution Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount Liquidation Report for each Class as of the close of such Remittance Distribution Date; (xxvi) the Accelerated aggregate Principal Distribution Amount for Balance of Mortgage Loans purchased by the Servicer or Seller during the related Collection Period and indicating the Section of this Agreement requiring or allowing the purchase of each such Remittance DateMortgage Loan; (xxvii) Reserved;the aggregate Principal Balance of the Mortgage Loans repurchased by the Servicer (or an affiliate) during the related Collection Period in connection with Section 3.16. (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments Subsequent Recoveries received during the related Due Prepayment Period; . Parties that are unable to use http://www.jpmorgan.com/sfr are entitled to have a paper copy mailed to ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ by calling the Trustee at (xxx877) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require722-1095 and indicating such. The Trustee shall forward have the right to ▇▇▇▇▇▇ ▇▇▇ ▇▇y such report statements are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders above parties and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to all above parties regarding any such changes. The Trustee may fully rely upon and shall have no liability with respect to information with respect to the telecopyMortgage Loans provided by the Servicer. In the case of information furnished pursuant to subclauses (ii), i) through (viii) and (xiiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ixi), (xiiiii), (xixxv) and (xxxv), xx) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward make available to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report forwarded reports made available to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Trustee deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Residual Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Asset Backed Funding Corp C-Bass Mortgage Loan Asset-Backed Certificates, Series 2004-Cb5)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on information provided to it by the Determination DateServicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Swap Counterparties, the Servicer shall deliver and the Rating Agencies, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class AP Certificates) allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified; (iii) the Principal Distribution Amounts for Pool Balance of the Group I Mortgage Loans, the Group II Mortgage Loans and the Group III Mortgage Loans at the Close of Business at the end of the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B NotesDue Period; (iv) the Interest Shortfall Carryforward Amounts number, aggregate principal balance, and Realized Loss Amounts for weighted average Mortgage Rate of the Mortgage Loans as of the related Remittance Determination Date (by Class and in the aggregate)number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period; (v) the Available Maximum Subordination Amount for the related Remittance Datenumber and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and (C) REO Properties; (vi) the number and Principal Balances of all Loans which were the subject aggregate amount of Principal Prepayments made during the Due related Prepayment Period; (vii) the aggregate amount of all Curtailments which were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses; (viii) the aggregate amount Certificate Principal Balance of all Excess Payments each class of the Class A Certificates, each class of the Mezzanine Certificates, each class of the Class B Certificates and the amounts of Monthly Payments in respect of principal received during Class O Certificates, after giving effect to the Due Perioddistributions made on such Distribution Date; (ix) the amount Unpaid Interest Shortfall Amount, if any, with respect to each class of interest received on the LoansClass A Certificates, each class of the Mezzanine Certificates and each class of Class B Certificates for such Distribution Date; (x) the aggregate amount of the Monthly Advances to be made on the Determination any Prepayment Interest Shortfalls for such Distribution Date, to the portion of extent not covered by payments by the Monthly Advances to be deposited in the Note Distribution Account Servicer pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date3.25; (xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LCredit Enhancement Percentage for such Distribution Date; (xii) the Available Funds Cap Carryforward Amount for each class of the Class A Certificates, each class of the Mezzanine Certificates and each class of the Class B Certificates if any, for such Distribution Date and the amount of any Realized Losses incurred during the related Due Periodremaining unpaid after reimbursements therefor on such Distribution Date; (xiii) the Available Remittance Amounts respective Pass-Through Rates applicable to each class of the Class A Certificates, each class of the Mezzanine Certificates and the Class B Certificates for such Distribution Date and the Pass-Through Rate applicable to each class of the Class A Certificates, each class of the Mezzanine Certificates and each class of the Class B Certificates for the Remittance immediately succeeding Distribution Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Supplemental Interest Payment for each Class on such Distribution Date; (xv) the Class difference between (x) the sum of (i) aggregate notional amount of the Swap Agreements and (ii) the aggregate notional amount of the Cap Agreements and (y) the aggregate Certificate Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made Underwritten Certificates on such Remittance Distribution Date; (xvi) the calculation of the Trigger Event, including the various components thereof;Required Overcollateralization Amount for such Distribution Date; and (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount Excess Cashflow for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Closing Date. The Trustee may, in the absence of manifest error, conclusively rely upon the Determination Date Report of the Servicer in its preparation of the statement to Certificateholders pursuant to this Section 4.03. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Trustee deems necessary or appropriate. (cd) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP InterestResidual Certificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force. (de) Upon reasonable advance On each Distribution Date, the Trustee shall post on its website at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇\absmbs, which posting shall be accessible to each Certificateholder and the Swap Counterparty, the statement prepared pursuant to paragraph (a) of this Section 4.03. Assistance in using the website can be obtained by calling the Trustee's customer service desk at ▇-▇▇▇-▇▇▇-▇▇▇▇. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Trustee shall not have any responsibility to (i) verify information provided by the Servicer to be included in such statement or (ii) include any information required to be included in such statement if the Servicer has failed to timely produce such information to the Trustee, as required pursuant hereto. (f) No later than noon on the second Business Day prior to each Distribution Date, the Trustee will verify that no Notional Amount Test Event is scheduled to occur on the related Distribution Date. In the event a Notional Amount Test Event would otherwise occur on the related Distribution Date, the Trustee will immediately provide notice in writingthe form of Exhibit J to the appropriate NovaStar entity and assign in $10,000,000 increments a portion of the related notional amount from the affected Swap Agreement on the day immediately preceding that Distribution Date until no Notional Amount Test Event will occur on the related Distribution Date. The Trustee shall assign the applicable notional amount from the Swap Agreement with the earliest maturity. In the event that two or more Swap Agreements have the same maturity date, which date is the earliest maturity date of the outstanding Swap Agreements, the Servicer Trustee shall assign the applicable notional amounts from the Swap Agreement(s) on a pro rata basis. Once such notional amounts have been assigned back to the appropriate NovaStar entity, the related Swap Counterparty will provide to each Class Ahave no obligation to, Class M and Class B Noteholder which is a savings and loan associationnor interest in, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities Trust with respect to investment such notional amounts. Furthermore, no distributions will be made from the Supplemental Interest Trust I to the related Swap Counterparty in respect of notional amounts assigned under this Section 4.03 (f). In no event shall the Class A, Class M and Class B NotesTrustee allow a Notional Amount Test Event to occur on any Distribution Date.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Novastar Home Equity Loan Asset Backed Cert Series 2003-3)

Statements. Each month(a) Based solely upon the information provided to it by the Servicers pursuant to Section 7.08(d) hereof, not later than 12:00 noon New York time on the Determination each Distribution Date, the Servicer Trustee shall deliver make available on its website initially located at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇ to the TrusteeDepositor, by telecopyeach Owner, for distribution to the NoteholdersServicers, the Certificate Insurer and the Owner Trustee for distribution to Rating Agencies a statement setting forth the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered on the Business Day following the Determination Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the followinginformation: (i) the Available Remittance Amounts for aggregate amount on deposit in the related Remittance Certificate Account on such Distribution Date; (ii) the Class Accrued Certificate Interest, Interest Shortfall Carryforward Amount, if any, the Basis Risk Carry Forward Amount, if any, and the Principal Balances for Distribution Amount, with respect to each Class individually, all Classes of the Offered Certificates in the aggregate, all Classes of Class A, Class M A Certificates in the aggregate and all Classes of Class B Notes as reported Certificates in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesaggregate; (iii) the Principal Distribution Amounts Pass-Through Rate for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M Certificates applicable to the related Accrual Period and Class B NotesLIBOR applicable to the Certificates with respect to such Distribution Date; (iv) the Interest Shortfall Carryforward Amounts application of the amounts described in clause (ii) above to the allocation and Realized Loss Amounts for distribution of payment to the related Remittance holders of Class A, Class M-1 and Class B Certificates and the amount of Prepayment Penalties attributable to the Household Mortgage Loans distributable to the Class P Certificates, on the next Distribution Date (by Class and in the aggregate)accordance with this Agreement; (v) the Available Maximum Subordination Amount for Certificate Balance of each Class of Class A Certificates and Class B Certificates and the related Remittance DateClass M-1 Certificates, the aggregate amount of the interest and principal of each Class of Offered Certificates to be paid on such Distribution Date and the remaining Certificate Balance of each Class of Offered Certificates following any such payment; (vi) the number and Principal Balances amount of all Loans which were the subject of Principal Prepayments during the Due PeriodInsured Payments, if any; (vii) the amount, if any, of any Realized Losses for the related Collection Period in the aggregate, for each Class of Offered Certificates and the amount of all Curtailments which were received during Cumulative Realized Losses as of the Due last day of the related Collection Period; (viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Periodwhether a Fairbanks Termination Trigger Event, Wilshire Termination Trigger Event or a GreenPoint Termination Trigger Event has occurred; (ix) the amount of interest received the distribution with respect to each Class of Offered Certificates (based on a Certificate in the Loansoriginal principal amount of $1,000); (x) the amount of the Monthly Advances such distribution allocable to be made on the Determination Date, the portion principal of the Monthly Advances to be deposited in Mortgage Loans, separately identifying the Note Distribution Account pursuant to Section 7.01(a)(ii)aggregate amount of any Principal Prepayments, and the Compensating Interest payment to be made on the Determination DateLoan Purchase Price amounts or other recoveries of principal included therein; (xi) the delinquency and foreclosure information set forth amount of such distribution allocable to interest on the Mortgage Loans (based on a Certificate in the form attached hereto as Exhibit Loriginal principal amount of $1,000); (xii) the principal amount, if any, of each Class of the Offered Certificates (based on a Certificate in the original principal amount of $1,000) which will be outstanding after giving effect to any Realized Losses incurred during the related Due Periodpayment of principal on such Distribution Date; (xiii) the Available Remittance Amounts for aggregate Pool Balance of all Mortgage Loans, as of the Remittance Date, in last day of the aggregate and by componentrelated Collection Period; (xiv) based upon information furnished by the Reimbursable Amounts and Depositor such information as may be required by Section 6049(d)(7)(C) of the GP Remittance Amount payable with respect Code to assist the Remittance DateCertificateholders in computing their market discount; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation weighted average interest rate of the Applied Realized Loss Amount made on such Remittance DateMortgage Loans; (xvi) the calculation weighted average remaining term of the Trigger Event, including the various components thereofMortgage Loans; (xvii) the Cumulative Realized Losses, with respect to number and Stated Principal Balance of the Remittance Mortgage Loans that were 60 days or more Delinquent for each of the preceding three months as of the close of business on the last Business Day of the calendar month next preceding the Distribution Date; (xviii) such other information as the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance DateDepositor may reasonably request with respect to Mortgage Loans that are Delinquent; (xix) the Servicing Fees, Stated Principal Balance of the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Accountlargest Mortgage Loans outstanding; (xx) the amount number, aggregate Stated Principal Balances and percentage of all payments and reimbursements to the Servicer pursuant to Section 4.04(b)Mortgage Loans that are: (A) 30-59 days Delinquent, (c)B) 60-89 days Delinquent and (C) 90-119 days Delinquent, (d)(ii)D) 120-149 days Delinquent, (eE) 150-179 days Delinquent and (f)F) 180 or more days Delinquent, as of the close of business on the last Business Day of the calendar month next preceding the Distribution Date and the aggregate number and aggregate Stated Principal Balance of such Mortgage Loans; (xxi) the Class Factor for each Class determined using status, the balances number, and the Stated Principal Balances of all Mortgage Loans that are in subclause (xv) aboveforeclosure proceedings as of the close of business on the last Business Day of the calendar month next preceding such Distribution Date; (xxii) the weighted average Loan Interest Rate number of Mortgagors and the weighted average Class Adjusted Loan Remittance Rates, in each case for Stated Principal Balances of the related Remittance Mortgages for all Mortgage Loans involved in bankruptcy proceedings and whether such Mortgage Loans are (A) 30-59 days Delinquent, (B) 60-89 days Delinquent and (C) 90-119 days Delinquent, (D) 120-149 days Delinquent, (E) 150-179 days Delinquent and (F) 180 or more days Delinquent, as of the close of business on the last Business Day of the calendar month next preceding such Distribution Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]the number of Mortgagors and the Stated Principal Balances of the related Mortgages for all Mortgage Loans involved in foreclosure proceedings and whether such Mortgage Loans are (A) 30-59 days Delinquent, (B) 60-89 days Delinquent and (C) 90-119 days Delinquent, (D) 120-149 days Delinquent, (E) 150-179 days Delinquent and (F) 180 or more days Delinquent, as of the close of business on the last Business Day of the calendar month next preceding such Distribution Date; (xxiv) the Spread Amount existence and status of any Mortgaged Properties for all Mortgage Loans as to which title has been taken in the Specified Subordinated Amount for such Remittance name of, or on behalf of the Trustee, as of the close of business of the last Business Day of the month next preceding the Distribution Date; (xxv) the amount book value of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount real estate acquired through foreclosure or grant of a deed in lieu of foreclosure for each Class all Mortgage Loans as of the close of such Remittance business on the last Business Day of the calendar month next preceding the Distribution Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Datenumber of Mortgage Loans; (xxvii) Reservedidentifying the aggregate amount received from: a. Curtailments; b. voluntary payoffs; c. Involuntary Payoffs (the amount of Net Liquidation Proceeds applicable to the unpaid principal balance from the loan); and d. Mortgage Loans purchased from the Trust; as of the close of business on the last Business Day of the related Collection Period; (xxviii) the amount number and Stated Principal Balance of all Mortgage Loans that are subject to be deposited into loss mitigation as of the FHA Premium Account close of business on the related Remittance Date and last Business Day of the amount reimbursable to calendar month next preceding the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i)Distribution Date; (xxix) the amount number and Stated Principal Balance of FHA Payments and Related Payments received during Mortgage Loans that are being contested because of Section 32 of the related Due PeriodTruth in Lending Act; (xxx) the Reserve Amount for amount of current and cumulative Realized Losses (separately identifying principal and interest losses) from following resolution types: a. REO Property sold; b. short sale; c. deed in lieu; d. no equity second mortgages; and e. other; as of the close of business on the last Business Day of the related Remittance DateCollection Period; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders number and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viii) and (xiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per $1,000 original dollar amount as of the Cut-Off Date. (a) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class A, Class M and Class B Noteholder such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xix) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a Noteholder. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities Pool Balance with respect to investment each product type of all Mortgage Loans in Chapter 13 of the Class A, Class M and Class B Notes.United States Bankruptcy Code ("CHAPTER 13 LOANS") separately identifying: a. those Chapter 13 Loans that are currently meeting their payment plan; b. those Chapter 13 Loans that are 1 to 2 payments behind their payment plan; c. those Chapter 13 Loans that are 2 to 3 payments behind their payment plan;

Appears in 1 contract

Sources: Trust and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Cert Ser 2003-1)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Certificate Insurer, the Seller, any NIMS Insurer, the Master Servicer and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer and the Servicer (the “Distribution Date Statement”) as to the Noteholdersdistributions to be made or made, and as applicable, on such Distribution Date. The Distribution Date Statement shall include the Owner Trustee for distribution to the Certificateholdersfollowing information, the receipt and legibility of which shall be confirmed telephonicallyin each case, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) respect to be delivered on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes[Reserved]; (iv) the Interest Shortfall Carryforward Amounts aggregate amount of Servicing Fees, Master Servicing Fees and Realized Loss Amounts Credit Risk Manager’s Fees for the related Remittance Date (by Class and in the aggregate)Due Period; (v) the Available Maximum Subordination Amount amount of Advances for each Loan Group and the aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number Loan Group Balance for each Loan Group and Principal Balances the Net WAC for each Loan Group at the Close of all Loans which were Business at the subject end of Principal Prepayments during the related Due Period; (vii) the amount of all Curtailments which were received during Pool Collateral Balance and the Due PeriodLoan Group Collateral Balance for such Distribution Date; (viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) for each Loan Group, the amount of interest received on fees, expenses or indemnification amounts paid by the LoansTrust Fund with an identification of the general purpose of such amounts and the party receiving such amounts; (x) for each Loan Group, the amount number, weighted average remaining term to maturity, weighted average life and weighted average Loan Rate of the Monthly Advances to be made on the Determination Date, the portion related Mortgage Loans as of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination related Due Date; (xi) for each Loan Group, the delinquency number and aggregate unpaid principal balance of the related Mortgage Loans, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure information set forth proceedings have been commenced and (e) in bankruptcy, in each case as of the form attached hereto as Exhibit Lclose of business on the last day of the preceding calendar month, using the MBA method; (xii) for each Loan Group, the book value (if available) of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiii) for each Loan Group, the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance each Class of Certificates after giving effect to any distributions made thereon, on such Distribution Date; (xv) the Class Principal Balance for of each Class of Class A, Class M and Class B Notes Certificates and the Pool Balance Apportioned Principal Balances of the Subordinate Certificates after giving effect to the distribution to be any distributions made on the Remittance Date and after allocation of the Applied Realized Loss Amount made thereon, on such Remittance Distribution Date; (xvi) for each Loan Group, the calculation Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of each related Class of Certificates, for such Distribution Date and the Trigger Eventrespective portions thereof, including if any, remaining unpaid following the various components thereofdistributions made in respect of such Certificates on such Distribution Date; (xvii) for each Loan Group, the Cumulative Realized Lossesaggregate amount of any Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date after giving effect to any distributions made thereon, with respect to the Remittance on such Distribution Date; (xviii) for each Loan Group, the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Daterelated Available Funds; (xix) the Servicing Feesfor each Loan Group, the Contingency Fees Pass-Through Rate and amounts to be deposited to the Expense Account and the FHA Premium Accountrelated Adjusted Cap Rate for each Class of Certificates for such Distribution Date; (xx) for each Loan Group, the amount aggregate Principal Balance of all payments Mortgage Loans purchased hereunder by the Seller during the related Due Period, and reimbursements to indicating the Servicer pursuant to relevant section of the Mortgage Loan Purchase Agreement, or the Section 4.04(b)of this Agreement, (c)as applicable, (d)(ii), (e) and (f)requiring or allowing the purchase of each such Mortgage Loan; (xxi) the Class Factor for each Class determined using Loan Group, the balances in subclause (xv) aboveamount of any Principal Deficiency Amounts or Accrued Interest Amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i); (xxii) the weighted average Loan Interest Rate amount of any Basis Risk Shortfall and the weighted average Unpaid Basis Risk Shortfall, if any, for each Class Adjusted Loan Remittance Ratesafter giving effect to any distributions made thereon, in each case for the related Remittance on such Distribution Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]for each Loan Group, the amount of Deferred Interest and Net Deferred Interest, if any, for such Loan Group; (xxiv) the Spread Amount and amount of the Specified Subordinated Amount for such Remittance DateCertificate Insurer Reimbursement Amount, if any; (xxv) the amount of any Applied Realized Loss Deficiency Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of if any, to be paid by the close of such Remittance DateCertificate Insurer; (xxvi) the Accelerated amount of Net Deferred Interest, if any, added to the Class Principal Distribution Amount for such Remittance Date;Balance of the Certificates (xxvii) Reservedthe amount of any Unpaid Interest Shortfall Amount; (xxviii) the amount to be of any Final Maturity Reserve Amount deposited into in the FHA Premium Account Final Maturity Reserve Account, and, on the related Remittance earlier of (i) the Distribution Date in September 2026 and (ii) the termination of the Trust, the amount reimbursable to the Servicer distributed from the FHA Premium Final Maturity Reserve Account pursuant to Section 7.03(b)(i)each Class of Certificates; (xxix) the amount of FHA Payments and Related Payments received during the related Due PeriodOvercollateralized Amount for that Distribution Date; (xxx) the Reserve Overcollateralization Target Amount for the related Remittance that Distribution Date; (xxxi) claims filed during the Due Period;amount of any Class P Distributable Amount; and (xxxii) claims paid the amount on deposit in the Prefunding Account in the aggregate and for each Loan Group (including a breakdown of amounts released during the Due prior calendar month in respect of Aggregate Subsequent Transfer Amounts or amounts included in Available Funds on the Distribution Date in the month following the end of the Prefunding Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require). The Trustee Securities Administrator shall forward make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Initial Cut-Off off Date. In addition to the information listed above, such Distribution Date Statement or the report on Form 10-D for such Distribution Date shall also include any other information required by Item 1121 (§ 229.1121) of Regulation AB. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to any NIMS Insurer, the Trustee for distribution to Certificate Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person or any NIMS Insurer, such information as is reasonably necessary to provide to such Person or any NIMS Insurer a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person or any NIMS Insurer was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Dsla 2006-Ar2)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on the Determination DateMortgage Loan information contained in the Remittance Report, the Servicer Trustee shall deliver make available on its website at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇ for access by each Holder of the Regular Certificates, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal or reduction of Notional Amount, separately identified; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to interest or Class AX Distributable Amount, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified; (iii) the Principal Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Overcollateralization Target Amount as of such Distribution Amounts Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for the related Remittance such Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for the related Remittance Date (by Class and in the aggregate)[reserved]; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateCollection Period; (vi) the number and Principal Balances Pool Balance at the close of all Loans which were business at the subject end of Principal Prepayments during the Due related Collection Period; (vii) the amount number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of all Curtailments which were received during the Mortgage Loans as of the related Due PeriodDate; (viii) the number and aggregate amount unpaid Principal Balance of all Excess Payments Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the amounts close of Monthly Payments in respect business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date; (ix) with respect to any Mortgage Loan that became an REO Property during the amount preceding calendar month, the loan number of interest received on such Mortgage Loan, the Loansunpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property; (x) the amount book value of any REO Property as of the Monthly Advances to be made close of business on the Determination last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the portion total number and cumulative principal balance of all REO Properties as of the Monthly Advances to be deposited in close of business of the Note Distribution Account pursuant to Section 7.01(a)(ii), and last day of the Compensating Interest payment to be made on the Determination Datepreceding Collection Period; (xi) the delinquency and foreclosure information set forth in aggregate amount of Principal Prepayments made during the form attached hereto as Exhibit Lrelated Prepayment Period; (xii) the aggregate amount of any Prepayment Charges collected (including amounts deposited in connection with the full or partial waiver of such Prepayment Charges pursuant to Section 3.01) during the related Collection Period and the amounts thereof allocable to the Class N Certificates and the Class X Certificates; (xiii) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) Collection Period and the Available Remittance Amounts for the Remittance Date, in the aggregate and by componentcumulative amount of Realized Losses; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect Certificate Principal Balance or Notional Amount, as applicable, of each Class of Certificates, after giving effect to the Remittance distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts; (xv) the Class Principal Balance for Accrued Certificate Interest in respect of each Class of Class AA Certificates, Class M Mezzanine Certificates and Class B Notes Certificates for such Distribution Date, and the Pool Balance respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date and the amount of any Net WAC Rate Carryover Amounts; (xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Servicer pursuant to Section 3.23; (xvii) the amount of the Trustee Fee paid; (xviii) the Net WAC Rate Carryover Amounts distributed on such Distribution Date and the amounts remaining after giving effect to distributions thereof on such Distribution Date; (xix) any Overcollateralization Deficiency after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made principal on such Remittance Distribution Date; (xvi) the calculation of the Trigger Event, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) whether a Trigger Event has occurred and is continuing, and the amount cumulative Realized Losses, as a percentage of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)original Pool Balance; (xxi) the Class Factor for each Class determined using the balances in subclause (xv) aboveAvailable Funds; (xxii) the weighted average Loan Interest Rate and the weighted average rate at which interest accrues for each Class Adjusted Loan Remittance Rates, in each case of Certificates for the related Remittance such Distribution Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]the Liquidation Report for such Distribution Date; (xxiv) the Spread Amount aggregate Principal Balance of Mortgage Loans purchased by the Servicer or Seller during the related Collection Period and indicating the Specified Subordinated Amount for Section of this Agreement requiring or allowing the purchase of each such Remittance Date;Mortgage Loan; and (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as aggregate Principal Balance of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to Mortgage Loans repurchased by the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxixor an affiliate) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requireCollection Period in connection with Section 3.16. The Trustee may fully rely upon and shall forward such report have no liability with respect to information with respect to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared Mortgage Loans provided by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), i) through (viii) and (xiiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ixi), (xiiiii), (xixxv) and (xxxv), xx) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Trustee deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Residual Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on the Determination DateMortgage Loan information contained in the Remittance Report, the Servicer Trustee shall deliver prepare and post on its website at ▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal, separately identified; (ii) the Class Principal Balances for applicable Record Date, accrual date and Determination Date; (iii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to interest or Class CE-1 Distributable Amount, separately identified; (iv) the Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Targeted Overcollateralization Amount as of such Distribution Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for such Distribution Date; (v) the aggregate amount of servicing compensation received by the Servicer during the related Collection Period; (vi) the aggregate amount of Advances for the related Collection Period; 104 (vii) the Pool Balance at the close of business at the end of the related Collection Period; (viii) the number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Due Date; (ix) the number and aggregate unpaid principal balance of Mortgage Loans (a) 31 to 60 days Delinquent, (b) 61 to 90 days Delinquent, (c) 91 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the close of business on the last day of the calendar month preceding such Distribution Date; (x) with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property; (xi) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the close of business of the last day of the preceding Collection Period; (xii) the aggregate amount of Principal Prepayments made during the related Prepayment Period; (xiii) the aggregate amount of prepayment penalties collected (including amounts deposited in connection with the full or partial waiver of such prepayment penalties pursuant to Section 3.01) during the related Collection Period and the amounts thereof allocable to the Class P Certificates; (xiv) the aggregate amount of Realized Losses incurred during the related Collection Period and the cumulative amount of Realized Losses; (xv) any material modifications, extensions or waivers to the terms, fees, penalties or payments of the related Mortgage Loans; (xvi) the Certificate Principal Balance, or Notional Amount, as applicable, of each Class of Certificates, after giving effect to the distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts; (xvii) the Accrued Certificate Interest in respect of each Class of the Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Certificates for such Distribution Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notes; (iii) the Principal Distribution Amounts for the related Remittance Date, in the aggregate and listed separately for identifying the portions relating thereof attributable to each Class of Class ANet WAC Carryover Amounts, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for the related Remittance Date (by Class and in the aggregate); (v) the Available Maximum Subordination Amount for the related Remittance Date; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period; (vii) the amount of all Curtailments which were received during the Due Period; (viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments respective portions thereof, if any, remaining unpaid following the distributions made in respect of principal received during the Due Period; (ix) the amount of interest received on the Loans; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date; (xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (xii) the amount of any Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made such Certificates on such Remittance Date; (xvi) the calculation of the Trigger Event, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Distribution Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount aggregate amount of any Prepayment Interest Shortfalls for such Remittance Distribution Date, to the extent not covered by payments by the Servicer pursuant to Section 3.23; (xix) the Servicing Fees, amount of any Net Swap Payments or Swap Termination Payments paid or received by the Contingency Fees and amounts to be deposited Supplemental Interest Trust pursuant to the Expense Account Swap Agreement and the FHA Premium Account;amount of any Defaulted Swap Termination Payments paid by the Supplemental Interest Trust; 105 (xx) the amount of all payments and reimbursements amount, if any, received pursuant to the Servicer pursuant Cap Agreement and the amount thereof, if any, to Section 4.04(b), (c), (d)(ii), (e) and (f)be paid to each Class of Certificates; (xxi) the Class Factor for each Class determined using amount of the balances in subclause (xv) aboveTrustee Fee paid; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Net WAC Carryover Amounts distributed on such Distribution Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]any Overcollateralization Deficiency after giving effect to the distribution of principal on such Distribution Date; (xxiv) the Spread Amount whether a Trigger Event has occurred and is continuing, and the Specified Subordinated Amount for such Remittance Datecumulative Realized Losses, as a percentage of the original Pool Balance; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance DateAvailable Funds; (xxvi) the Accelerated Principal Distribution Amount rate at which interest accrues for each Class of Certificates for such Remittance Distribution Date; (xxvii) Reservedthe Liquidation Report for such Distribution Date; (xxviii) the amount to be deposited into aggregate Principal Balance of Mortgage Loans purchased by the FHA Premium Account on Servicer or Seller during the related Remittance Date Collection Period and indicating the amount reimbursable to Section of this Agreement requiring or allowing the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i)purchase of each such Mortgage Loan; (xxix) the amount aggregate Principal Balance of FHA Payments and Related Payments received the Mortgage Loans repurchased by the Servicer (or an affiliate) during the related Due PeriodCollection Period in connection with Section 3.16; (xxx) the Reserve Amount for amount distributed to the related Remittance DateClass CE-1, Class CE-2, Class P, Class R and Class R-X Certificates; (xxxi) claims filed during the Due Period;related Distribution Date; and (xxxii) claims paid during the Due Period; amount of cash received with respect to the related accrual period. Parties that are unable to use ▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇ are entitled to have a paper copy mailed to them via first class mail by calling the Trustee at (xxxiii800) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require934-6802 and indicating such. The Trustee shall forward have the right to change the way such report statements are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders above parties and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to all above parties regarding any such changes. The Trustee may fully rely upon and shall have no liability with respect to information with respect to the telecopyMortgage Loans provided by the Servicer. In the case of information furnished pursuant to subclauses (iii), (viiiiii) and (xiiiiv) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ixi), (xiiiiii), (xixxvii) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a Noteholder. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.and

Appears in 1 contract

Sources: Pooling and Servicing Agreement (C-Bass Mortgage Loan Asset-Backed Certificates, Series 2006-Cb8)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Seller, the Master Servicer and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer and, if applicable, each Servicer (the “Distribution Date Statement”) as to the Noteholdersdistributions to be made or made, and as applicable, on such Distribution Date. The Distribution Date Statement shall include the Owner Trustee for distribution to the Certificateholdersfollowing information, the receipt and legibility of which shall be confirmed telephonicallyin each case, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) respect to be delivered on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage for the related Remittance DateSenior Certificates and Components, in the aggregate and listed separately Senior Prepayment Percentage for the portions relating Senior Certificates and Components, the Subordinate Percentage and the Subordinate Prepayment Percentage with respect to each Class of Class A, Class M Mortgage Pool and Class B Noteseach Loan Subgroup for the following Distribution Date; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicers during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Securities Administrator deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due PeriodAsset Balance for such Distribution Date; (vii) the amount Pool Balances, the Loan Subgroup Balances, the Pool 1-2 Aggregate Collateral Balance, the Non-PO Loan Subgroup Balance and related Net WAC for each Mortgage Pool and each Loan Subgroup at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Period[Reserved]; (ix) the amount of interest received on the Loans[Reserved]; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date[Reserved]; (xi) for each Mortgage Pool and each Loan Subgroup, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Mortgage Pool and each Loan Subgroup, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month, in each case, using the OTS method; (xiii) the book value (if available) of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Mortgage Pool and each Loan Subgroup as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of any Principal Prepayments with respect to each Mortgage Pool and each Loan Subgroup made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate each Mortgage Pool and by component; (xiv) the Reimbursable Amounts each Loan Subgroup and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M Certificates and Class B Notes and the Pool Balance Components or after giving effect to the any distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made thereon, on such Remittance Distribution Date; (xvi) the calculation Class Principal Balance or Class Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesMonthly Interest Distributable Amount and the Interest Distributable Amount in respect of each Class of Certificates and Components, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates and Components on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees Available Funds with respect to each Mortgage Pool and amounts to be deposited to the Expense Account and the FHA Premium Accounteach Loan Subgroup; (xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan; (xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Pool or an Undercollateralized Subgroup or amounts paid pursuant to Section 5.01(e)(i) or 5.01(e)(ii); (xxiii) [Reserved]current and cumulative Recoveries allocable to each Mortgage Pool and each Loan Subgroup; (xxiv) the Spread Amount current and the Specified Subordinated Amount for such Remittance Datecumulative PO Recoveries allocable to Pool 1 Subgroup 1; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Class P Distributable Amount for each Class as of the close of such Remittance Distribution Date; (xxvi) the Accelerated Principal amount on deposit in the Prefunding Account in the aggregate and for each of Pool 1 and Pool 2 (including a breakdown of amounts released during the prior calendar month in respect of Aggregate Subsequent Transfer Amounts or amounts included in Available Funds on the Distribution Amount for Date in the month following the end of the Prefunding Period) and the amount of funds remaining in the Capitalized Interest Account (after giving effect to distributions on such Remittance Distribution Date;); and (xxvii) Reserved; the aggregate Principal Balance and number of Subsequent Mortgage Loans purchased in the Prefunding Period. The Securities Administrator shall make the Distribution Date Statement (xxviiiand, at its option, any additional files containing the same information in an alternative format) the amount available each month to be deposited into the FHA Premium Account on the related Remittance Date Certificateholders and the amount reimbursable other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “w▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Initial Cut-Off off Date. (a) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish . In addition to the Trustee for distribution to each Person who at any time during the calendar year was a Class A, Class M and Class B Noteholder such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xix) and (xxxv), listed above, aggregated such Distribution Date Statement or the report on Form 10-D for such calendar year or applicable portion thereof during which such Person was a Noteholder. Such obligation of the Servicer Distribution Date shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to also include any requirements of the Code as from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriaterequired by Item 1121 (§ 229.1121) of Regulation AB. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (RBSGC Mortgage Loan Trust 2007-B)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and forward by mail to each Holder of the Regular Certificates, the Master Servicer shall deliver and the Rating Agencies, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of Class A-1 Certificates and Class A-2 Certificates allocable to principal; (ii) the Class Principal Balances for each Class amount of the distribution made on such Distribution Date to the Holders of Class A, Class M A-1 Certificates and Class B Notes as reported in the prior Servicer's Certificate pursuant A-2 Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage and Subordinated Percentage with respect to each Certificate Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Master Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances with respect to each Loan Group for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number Senior Prepayment Percentage and Principal Balances of all Loans which were the subject of Principal Prepayments during Subordinated Prepayment Percentage with respect to each Certificate Group for the Due Periodfollowing Distribution Date; (vii) the amount Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and the Bankruptcy Loss Coverage Amount, in each case with respect to each Loan Group as of all Curtailments which were received during the Due Periodrelated Determination Date; (viii) the aggregate amount Loan Group Balance for each Loan Group at the Close of all Excess Payments and Business at the amounts end of Monthly Payments in respect of principal received during the related Due Period; (ix) the amount number, weighted average remaining term to maturity and weighted average Mortgage Rate of interest received on the LoansMortgage Loans in each Loan Group as of the related Due Date; (x) separately stated for each Loan Group, the amount number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days delinquent, (b) 60 to 89 days delinquent, (c) 90 or more days delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the Monthly Advances to be made Close of Business on the Determination Date, the portion last day of the Monthly Advances to be deposited in the Note calendar month preceding such Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date; (xi) with respect to any Mortgage Loan that became an REO Property during the delinquency and foreclosure information set forth in preceding calendar month, the form attached hereto loan number of such Mortgage Loan, the Principal Balance of such Mortgage Loan as Exhibit Lof the date it became an REO Property; (xii) the amount book value of any Realized Losses incurred during REO Property as of the related Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiii) the Available Remittance Amounts for aggregate amount of Principal Prepayments with respect to each Loan Group made during the Remittance Date, in the aggregate and by componentrelated Prepayment Period; (xiv) the Reimbursable Amounts aggregate amount of Realized Losses incurred during the related Due Period and the GP Remittance Amount payable with respect to the Remittance Datecumulative amount of Realized Losses, in each case by Loan Group; (xv) the Class Principal Balance aggregate amount of extraordinary Trust Fund expenses by Loan Group withdrawn from the Collection Account for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Distribution Date; (xvi) the calculation Certificate Principal Balance of each Class of the Trigger Event, including certificates after giving effect to the various components thereofdistributions made on such Distribution Date; (xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of the Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Prepayment Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26 in each case by Loan Group; (xix) if applicable, whether the Servicing Fees, the Contingency Fees and amounts Senior Step Down Conditions have been met with respect to be deposited to the Expense Account and the FHA Premium Accounteach Certificate Group; (xx) the amount of all payments and reimbursements Available Funds with respect to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)each Loan Group; (xxi) the Class Factor Pass-Through Rate for each Class determined using the balances in subclause (xv) aboveof Certificates for such Distribution Date; (xxii) the weighted average Liquidation Report for such Distribution Date by Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period;Group; and (xxiii) [Reserved]; (xxiv) the Spread Amount and aggregate Principal Balance of Mortgage Loans purchased by the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Master Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received or Sellers during the related Due Period; (xxx) Period with respect to each Loan Group, and indicating the Reserve Amount for Section of this Agreement requiring or allowing the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Periodpurchase of each such Mortgage Loan; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report concurrently with each distribution to the Noteholders Certificateholders and the Owner Trustee Rating Agencies on the Remittance related Distribution Date, together with a separate report indicating . The Trustee may also make such reports available each month to each party referred to in this paragraph via the amount of funds deposited in the Note Distribution Account Trustee's website. The Trustee's obligations pursuant to this Section 7.01(a)(iv); and the amounts which 4.03 are reimbursable limited to the Servicer or extent of its receipt of all necessary information from the Representative, as appropriate, pursuant Master Servicer. The Trustee may fully rely upon and shall have no liability with respect to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared information provided by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Master Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Class R Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Trustee deems necessary or appropriate. (cd) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP InterestClass R Certificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc)

Statements. Each month, not (a) Not later than 12:00 noon a.m. New York time on the Determination day that is two Business Days before each Distribution Date, the Servicer shall Trust Administrator will deliver to the Trustee, Trustee (by telecopy, for distribution to the Noteholders, hard copy) and the Owner Trustee for distribution to the CertificateholdersMaster Servicer, the receipt Depositor and legibility of which shall be confirmed telephonicallythe Seller (by electronic transmission) in the format specified in Exhibit K (unless otherwise agreed to by the parties hereto), with a hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer statement (a the "Servicer's CertificateRemittance Report") stating (based solely on the date (day, month and year), computer or electronic Servicing Certificate for such Distribution Date provided pursuant to Section 4.1) containing the Series number, the date of this Agreement, and the followinginformation set forth below with respect to such Distribution Date: (i) the Available Remittance Amounts for aggregate amount of the related Remittance Datedistribution to each Class of Certificateholders on such Distribution Date in respect of the Group 1 Certificates or the Group 2 Certificates, as applicable; (ii) the Class Principal Balances for each Class amount of Class A, Class M and Class B Notes as reported distribution set forth in the prior Servicer's Certificate pursuant to subclause paragraph (xvi) below, or, above in the case respect of interest in respect of the first Determination DateGroup 1 Certificates or the Group 2 Certificates, the Original Principal Balance for each Class of Class A, Class M and Class B Notesas applicable; (iii) the Principal Distribution Amounts for amount of distribution set forth in paragraph (i) above in respect of principal in respect of the related Remittance DateGroup 1 Certificates or the Group 2 Certificates, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notesas applicable; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts Pool Distribution Amount for such Distribution Date in respect of the related Remittance Date (by Class and in Group 1 Certificates or the aggregate)Group 2 Certificates, as applicable; (v) the Available Maximum Subordination Amount for the related Remittance applicable Group of Certificates: any Class A Interest Shortfall Amount or Class B Interest Shortfall Amount arising with respect to each Class or any Class M Interest Shortfall Amount on such Distribution Date, any remaining unpaid Class A Interest Shortfall Amount or Class B Interest Shortfall Amount with respect to each Class, or any remaining unpaid Class M Interest Shortfall Amount, after giving effect to such distribution and any Non-Supported Interest Shortfall or the interest portion of Realized Losses allocable to such Class with respect to such Distribution Date; (vi) for the number applicable Pool: the Adjusted Pool Amount, the Adjusted Pool Amount (PO Portion), if applicable, and the Pool Scheduled Principal Balances Balance of all the Mortgage Loans which were in such Pool and, for the subject Holders of Group 1 Certificates, the aggregate Scheduled Principal Prepayments during Balance of the Due PeriodDiscount Pool 1 Mortgage Loans for such Distribution Date; (vii) for the amount applicable Group of all Curtailments which were Certificates: the Class A Percentage, Class M Percentage and Class B Percentage of each Class of Class B Certificates for the following Distribution Date (without giving effect to Unscheduled Principal Receipts for the related Pool 125 132 received after the applicable Collection Period for the current Distribution Date that are applied during the Due such Collection Period); (viii) for the aggregate amount Holders of all Excess Payments and Group 1 Certificates, the amounts of Monthly Payments in respect of principal received during the Due PeriodClass 1A-PO Deferred Amount; (ix) the amount of interest received on aggregate Master Servicing Fee, Subservicing Fee, Trust Administration Fee and Trustee Fee for the Loansapplicable Pool; (x) the amount Aggregate Loan Balance, as of the Monthly Advances to be made close of business on the Determination Date, the portion last day of the Monthly Advances to be deposited preceding Collection Period in respect of the Note Distribution Account pursuant to Section 7.01(a)(ii)Pool 1 Mortgage Loans or the Pool 2 Mortgage Loans, and the Compensating Interest payment to be made on the Determination Dateas applicable; (xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (xii) the amount of any Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to payments allocated to principal above in respect of the distribution Group 1 Certificates or the Group 2 Certificates, as applicable; (xii) the number and aggregate Loan Balances of the Mortgage Loans as to be made which the scheduled monthly payment is delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, as of the end of the Collection Period in respect of the Pool 1 Mortgage Loans or the Pool 2 Mortgage Loans, as applicable; (xiii) the book value of any real estate which is acquired by the Trust through foreclosure or grant of deed in lieu of foreclosure in respect of the Pool 1 Mortgage Loans or the Pool 2 Mortgage Loans, as applicable; (xiv) the aggregate amount of Prepayments received on the Remittance Date and after allocation Mortgage Loans during the previous Collection Period in respect of the Applied Realized Loss Amount made Pool 1 Mortgage Loans or the Pool 2 Mortgage Loans, as applicable; (xv) the aggregate amount of scheduled principal payments received on such Remittance Datethe Mortgage Loans during the previous Collection Period in respect of the Pool 1 Mortgage Loans or the Pool 2 Mortgage Loans, as applicable; (xvi) the calculation weighted average maturity of the Trigger EventMortgage Loans as of the first day of the month prior to the Distribution Date in respect of the Pool 1 Mortgage Loans or the Pool 2 Mortgage Loans, including the various components thereofas applicable; (xvii) the Cumulative Realized Losses, with respect weighted average Loan Rate on the Mortgage Loans as of the first day of the month prior to the Remittance DateDistribution Date in respect of the Pool 1 Mortgage Loans or the Pool 2 Mortgage Loans, as applicable; (xviii) the amountaggregate amount of Realized Losses related to such Collection Period in respect of the Pool 1 Mortgage Loans or the Pool 2 Mortgage Loans, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date;as applicable; 126 133 (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account Aggregate Loan Balance and the FHA Premium AccountWeighted Average Loan Rate, in respect of the Pool 1 Mortgage Loans or the Pool 2 Mortgage Loans, as applicable; (xx) for Holders of Group 1 Certificates, the amount Notional Amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);Class 1A-WIO Certificates; and (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance DateHolders of Group 1 Certificates, and the weighted average Loan Interest Certificate Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount Class 1A-11 and Class 1A-12 Certificates and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requireapplicable LIBOR. The Trustee shall forward such report to the Noteholders Certificateholders on such Distribution Date. The Trustee may fully rely upon the information contained in each Remittance Report and shall have no liability with respect to information provided by the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Master Servicer or the RepresentativeTrust Administrator. The Trustee shall not be obligated to verify, as appropriaterecompute, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based reconcile or recalculate any information contained in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator)any Remittance Report. To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate Remittance Report and the hard copy thereof, the Trustee shall be entitled to Master Servicer may rely upon the telecopylatter. In the case of information furnished pursuant to subclauses subclause (ii), (viii) and (xiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer Trust Administrator shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixii) and (xxxv), iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trust Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report reports forwarded to the Noteholder any other Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, Residual Certificateholders on such Remittance Distribution Date together with such other information as the Servicer provides and Trustee deems necessary or appropriate. (cd) Within a reasonable period of time after the end of each calendar year, the Servicer Trust Administrator shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP InterestResidual Certificateholder. Such obligation of the Servicer Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable 127 134 information shall be provided prepared and furnished to Certificateholders by the Servicer Trust Administrator pursuant to any requirements of the Code as from time to time in force. (de) Upon reasonable advance notice The Master Servicer and the Trust Administrator shall furnish to each Certificateholder (if requested in writing), during the Servicer will provide to each Class Aterm of this Agreement, Class M and Class B Noteholder which is a savings and loan associationsuch periodic, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class Aspecial, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities reports or information, whether or not provided for herein, as shall be necessary, reasonable, or appropriate with respect to investment the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided, that the Master Servicer and the Trust Administrator shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the Class Aordinary course of their respective businesses or readily obtainable. (f) Reports and computer tapes furnished by the Master Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, Class M and Class B Notesshall not be copied or distributed except to the extent provided in this Agreement and to the extent required by law, and to the extent the Seller instructs the Trust Administrator in acting to furnish information regarding the Trust or the Mortgage Loans to third-party information providers. No Person entitled to receive copies of such reports or tapes or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (First Union Residential Securitization Transactions Inc)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer Servicer, the Trustee shall deliver prepare and make available to each Holder of the Regular Certificates, the Servicer, the Certificate Insurer and the Rating Agencies, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of the Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notesreserved; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer with respect to the related Remittance Date Period (by Class separately identifying Servicing Fees and in other servicing compensation) and such other customary information as the aggregate)Trustee reasonably deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DatePeriod; (vi) the number and Principal Balances Pool Balance at the Close of all Loans which were Business at the subject end of Principal Prepayments during the Due related Remittance Period; (vii) the amount number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of all Curtailments which were received during the Due PeriodMortgage Loans as of the related Determination Date; (viii) the number and aggregate amount unpaid Stated Principal Balance of all Excess Payments Mortgage Loans (a) that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each preceding case as of the amounts Close of Monthly Payments in respect Business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date, and (b) the related Mortgaged Properties of which are REO Properties; (ix) the amount total number and cumulative Stated Principal Balance of interest received on all REO Properties as of the LoansClose of Business of the last day of the preceding Prepayment Period; (x) the aggregate amount of Principal Prepayments made during the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Daterelated Prepayment Period; (xi) the delinquency aggregate amount of Realized Losses incurred during the related Prepayment Period and foreclosure information set forth in the form attached hereto as Exhibit Lcumulative amount of Realized Losses; (xii) the aggregate amount of any Realized Losses incurred Subsequent Recoveries received during the related Due Period;Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date (xiii) the Available Remittance Amounts for aggregate Certificate Principal Balance of each Class of Regular Certificates after giving effect to the Remittance Datedistributions, and allocations of Realized Losses, made on such Distribution Date separately identifying any reduction thereof due to allocations of Realized Losses (in the aggregate case of the Subordinated Certificates and by componentthe Class C Certificates); (xiv) the Reimbursable Amounts and Certificate Factor for each Class of the GP Remittance Amount payable with respect Regular Certificates applicable to the Remittance such Distribution Date; (xv) the Accrued Certificate Interest for the Class Principal Balance for each Class of Class AA Certificates, Class M and Class B Notes the Subordinated Certificates and the Pool Balance after giving effect Class C Certificates for such Distribution Date and Unpaid Interest Shortfall Amount, if any, with respect to the distribution to be made on Class A Certificates and the Remittance Date and after allocation of the Applied Realized Loss Amount made on Subordinated Certificates for such Remittance Distribution Date; (xvi) the calculation aggregate amount of the Trigger Event, including the various components thereofany Net Prepayment Interest Shortfalls for such Distribution Date; (xvii) the Cumulative Realized Losses, with respect to the Remittance aggregate amount of any Relief Act Interest Shortfalls for such Distribution Date; (xviii) the amount, if any, by which Overcollateralized Amount and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Excess Overcollateralization Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium AccountCredit Enhancement Percentage for such Distribution Date; (xx) the Net WAC Rate Carryover Amount for the Class A Certificates and the Subordinated Certificates, if any, for such Distribution Date and the amount of all remaining unpaid after payments and reimbursements to from the Servicer Excess Reserve Fund Account are made pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f4.01(e); (xxi) when the Class Factor for each Class determined using the balances Stepdown Date has occurred and when a Trigger Event is in subclause (xv) aboveeffect; (xxii) the weighted average Loan Interest Rate deposits to and withdrawals from the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Excess Reserve Fund Account on such Distribution Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]the Available Funds for such Distribution Date; (xxiv) the Spread Amount respective Pass-Through Rates applicable to the Class A Certificates, the Subordinated Certificates and the Specified Subordinated Amount Class C Certificates for such Remittance Distribution Date and the respective Pass-Through Rates applicable to the Class A Certificates and the Subordinated Certificates for the immediately succeeding Distribution Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss aggregate Notional Amount and Unpaid Realized Loss Amount for each Class as of the close of Class C Certificates, in each case after giving effect the reductions thereof to occur on such Remittance Distribution Date; (xxvi) the Accelerated Principal Distribution amount of the Reimbursement Amount for such Remittance Distribution Date and the amount received by the Certificate Insurer in respect thereof on such Distribution Date; (xxvii) Reserved;reserved; and (xxviii) the amount to be deposited into due under the FHA Premium Account on Corridor Agreements and the amounts received under the related Remittance Date Corridor Agreement. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the Servicer, the Trustee, the Certificate Insurer and the amount reimbursable Rating Agencies via the Trustee's internet website. The Trustee's internet website shall initially be located at ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/INVR. Assistance in using the website can be obtained by calling the Trustee's customer service desk at ▇-▇▇▇-▇▇▇-▇▇▇▇. Parties that are unable to use the Servicer from above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments customer service desk and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requireindicating such. The Trustee shall forward have the right to change the way such report statements are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders above parties and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall above parties regarding any such changes. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per $1,000 original dollar amount as hypothetical Certificate having an initial Certificate Principal Balance or Notional Amount (in the case of the Cut-Off DateClass C Certificates) equal to $1,000. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) time. On each Remittance Distribution Date, the Trustee shall forward make available to the Owner Trustee, for distribution to the Holder of the GP Interest, Class R Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Trustee deems necessary or appropriate. (c) . Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP InterestClass R Certificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force. . The Trustee shall maintain at its Corporate Trust Office and shall make available free of charge during normal business hours for review by any Certificateholder, Certificate Owner or any Person identified to the Trustee as a prospective transferee of a Certificate, originals or copies of the following items: (di) Upon reasonable advance notice the private placement memorandum or other disclosure document relating to such Certificates, if any, in writingthe form most recently provided to the Trustee; and (ii) in all cases, (A) this Agreement and any amendments hereof entered into pursuant to Section 11.01, (B) all monthly statements required to be delivered to Certificateholders of the relevant Class pursuant to this Section 4.02 since the Closing Date, and all other notices, reports, statements and written communications delivered to the Certificateholders of the relevant Class pursuant to this Agreement since the Closing Date, (C) all certifications delivered by a Responsible Officer of the Trustee since the Closing Date pursuant to Section 9.01(h) and (D) any and all Officers' Certificates delivered to the Trustee by the Servicer will provide since the Closing Date to each Class Aevidence the Servicer's determination that any Advance or Servicing Advance was, Class M or if made, would be a Nonrecoverable Advance or Nonrecoverable Servicing Advance, respectively. Copies and Class B Noteholder which is a savings mailing of any and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations all of the Office foregoing items will be available from the Trustee upon request at the expense of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notesperson requesting the same.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Indymac Residential Mortgage-Backed Trust, Series 2006-L1)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Seller, the Master Servicer and the Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer and the Servicers (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by each Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and Principal Balances the Bankruptcy Loss Coverage Amount, each as of all Loans which were the subject of Principal Prepayments during the Due Periodrelated Determination Date; (vii) the amount Loan Group Balance and related Net WAC for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Year CMT Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) for each Loan Group, the amount aggregate Principal Balance of interest received on the LoansOne-Month LIBOR Indexed, Six-Month LIBOR Indexed and One-Year LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date;[reserved] (xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of any Principal Prepayments and Prepayment Penalty Amounts with respect to each Loan Group made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts Period and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance for each Class cumulative amount of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateLosses; (xvi) the calculation Class Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group; (xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the related Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan; (xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i); (xxiii) [Reserved]the amount of any unpaid Basis Risk Shortfall or Unpaid Basis Risk Shortfall (if applicable) and the related accrued interest thereon, with respect to the Class 1-A Certificates; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date;current Recoveries allocable to each Loan Group; and (xxv) cumulative Recoveries allocable to each Loan Group. The Securities Administrator will make the amount of Distribution Date Statement (and, at its option, any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for additional files containing the same information in an alternative format) available each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount month to be deposited into the FHA Premium Account on the related Remittance Date Certificateholders and the amount reimbursable other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Greenwich Capital Accep Mort Loan Pass-THR Certs Ser 2004-1)

Statements. Each month, not later than 12:00 noon New York time on the Determination Date, the Servicer shall deliver to the Trustee, by telecopy, for (a) Concurrently with each distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which Securities Administrator shall be confirmed telephonicallymake available to each Certificateholder, with hard copy thereof the Seller, the Master Servicer, the Trustee and the Servicer's Monthly Computer Tape in Rating Agencies, a statement based, as applicable, on loan-level information provided to it by the form attached hereto Master Servicer and the Servicers (the “Distribution Date Statement”) as Exhibit M (both in hard copy and in computer tape form) to the distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and . The Distribution Date Statement shall include the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by each Servicer during the related Remittance Date (by Class and in the aggregate)Due Period; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances as reported by each Servicer; (vi) the number Loan Group Balance and Principal Balances related Net WAC for each Loan Group at the Close of all Loans which were Business at the subject end of Principal Prepayments during the related Due Period; (vii) the amount of all Curtailments which were received during the Due Period;[reserved]. (viii) the aggregate amount Principal Balance of all Excess Payments the One-Month LIBOR Indexed, Six-Month LIBOR Indexed, One-Year LIBOR Indexed and One-Year MTA Indexed Mortgage Loans at the amounts Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) the amount of interest received on the LoansMaster Servicer Fees paid to or retained by the Master Servicer; (x) the aggregate amount of Servicing Fees paid to or retained by the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination DateServicers; (xi) to the delinquency extent that such amounts are paid out of the Distribution Account, the amount of fees, expenses or indemnification amounts paid by the Trust with an identification of the general purpose of such amounts and foreclosure information set forth in the form attached hereto as Exhibit Lparty receiving such amounts; (xii) for each Loan Group, the number, weighted average remaining term to maturity, weighted average life and weighted average Loan Rate of the related Mortgage Loans as of the related Due Date; (xiii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, using the “MBA” method (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiv) the rolling six-month delinquency rate for that Distribution Date; (xv) the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xvi) the aggregate amount of Principal Prepayments and Prepayment Penalty Amounts with respect to each Loan Group made during the related Prepayment Period; (xvii) the aggregate amount of Realized Losses for each Loan Group and Recoveries incurred during the related Due Period and the cumulative amount of Realized Losses and Recoveries as of such Distribution Date; (xviii) the cumulative amount of Realized Losses for each Loan Group; (xix) the Realized Losses and Recoveries, if any, allocated to each Class of Certificates on the related Distribution Date; (xx) the Class Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Subordinate Certificates after giving effect to any distributions made thereon, on such Distribution Date; (xxi) the Interest Distributable Amount in respect of each Class of Certificates, for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xxii) the aggregate amount of any Realized Losses incurred Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date; (xxiii) the Available Funds with respect to each Loan Group; (xxiv) the Pass-Through Rate for each Class of Certificates for such Distribution Date (xxv) the aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date; (xvi) the calculation of the Trigger Event, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxvxxvi) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance DateDeficiency Amounts or Accrued Interest Amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i); (xxvii) Reserved;the total number of Mortgage Loans in the aggregate and the aggregate Stated Principal Balance for the Group 1 Mortgage Loans (also separately stating such information for the Adjustable Rate Mortgage Loans, the Three-Year Hybrid Mortgage Loans and the Five-Year Hybrid Mortgage Loans), the Group 2 Mortgage Loans, the Group 3 Mortgage Loans and Group 4 Mortgage Loans, in each case at the close of business at the end of the related Due Period; and (xxviii) with respect to the amount Mortgage Loans, but only if such Mortgage Loans were subject to be deposited into the FHA Premium Account on a modification of terms made during the related Remittance Date Due Period as part of a loss mitigation strategy, the following items: (a) the percentage (by outstanding Principal Balance) and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount number of FHA Payments and Related Payments received during Mortgage Loans that were modified in the related Due Period; (xxxb) the Reserve Amount cumulative percentage (by Cut-Off Date Principal Balance) of modified mortgage loans; (c) the amount of principal and interest forgiven with respect to modified Mortgage Loans for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxiid) claims paid during the Due Periodcumulative amount of principal and interest forgiven with respect to modified Mortgage Loans from the Closing Date; (xxxiiie) claims denied the percentage (by outstanding Principal Balance) of modified Mortgage Loans that are included in the FHA during delinquency trigger calculation for purposes of the Due PeriodStep Down Conditions and the Two Times Test; (xxxivf) claims pending the delinquency status of the modified Mortgage Loans both pre- and post- modification; (g) the number of times the Mortgage Loan has been subject to modification; (h) the effective date of the modification; (i) the number of modifications made to Mortgage Loans in the last twelve months; (j) the percentage (by outstanding Principal Balance) of modified Mortgage Loans that are current or delinquent in payment by and the FHA during delinquency status of the Due Periodmodified Mortgage Loans from the Closing Date; and (xxxvk) Such other information as the Noteholders or Certificateholders may reasonably requireLoan Rate of the modified Mortgage Loans pre- and post- modification. The Trustee Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall forward initially be located at “w▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 1-866-846-4526. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (al) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ixi), (xiii), (xixii) and (xxxv), iv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bm) On each Remittance Distribution Date, the Trustee Securities Administrator shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatemonthly basis. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2008-1)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on the Determination DateMortgage Loan information contained in the Remittance Report, the Servicer Trustee shall deliver prepare and post on its website at http://www.usbank.com/abs, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal or reduction of Notional Amount, separately identified; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to interest or Class AX Distributable Amount, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified; (iii) the Principal Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Targeted Overcollateralization Amount as of such Distribution Amounts Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for the related Remittance such Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class and in the aggregate)Collection Period; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateCollection Period; (vi) the number Pool Balance and Principal Balances the Loan Group Balance for each Loan Group at the close of all Loans which were business at the subject end of Principal Prepayments during the Due related Collection Period; (vii) separately stated for each Loan Group, the amount number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of all Curtailments which were received during the Mortgage Loans as of the related Due PeriodDate; (viii) separately stated for each Loan Group, the number and aggregate amount unpaid principal balance of all Excess Payments Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the amounts close of Monthly Payments in respect business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date; (ix) separately stated for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the amount preceding calendar month, the loan number of interest received on such Mortgage Loan, the Loansunpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property; (x) separately stated for each Loan Group, the amount book value of any REO Property as of the Monthly Advances to be made close of business on the Determination last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the portion total number and cumulative principal balance of all REO Properties as of the Monthly Advances to be deposited in close of business of the Note Distribution Account pursuant to Section 7.01(a)(ii), and last day of the Compensating Interest payment to be made on the Determination Datepreceding Collection Period; (xi) separately stated for each Loan Group, the delinquency and foreclosure information set forth in aggregate amount of Principal Prepayments made during the form attached hereto as Exhibit Lrelated Prepayment Period; (xii) the aggregate amount of any prepayment penalties collected (including amounts deposited in connection with the full or partial waiver of such prepayment penalties pursuant to Section 3.01) during the related Collection Period and the amounts thereof allocable to the Class N Certificates and the Class X Certificates; (xiii) separately stated for each Loan Group, the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) Collection Period and the Available Remittance Amounts for the Remittance Date, in the aggregate and by componentcumulative amount of Realized Losses; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect Certificate Principal Balance, or Notional Amount, as applicable, of each Class of Certificates, after giving effect to the Remittance distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts; (xv) the Class Principal Balance for Accrued Certificate Interest in respect of each Class of Class AFixed-Rate and Floating Rate Certificates for such Distribution Date, Class M and Class B Notes separately identifying the portions thereof attributable to Cap Carryover Amounts, and the Pool Balance after giving effect to respective portions thereof, if any, remaining unpaid following the distribution to be distributions made on the Remittance Date and after allocation in respect of the Applied Realized Loss Amount made such Certificates on such Remittance Distribution Date; (xvi) the calculation aggregate amount of the Trigger Eventany Prepayment Interest Shortfalls for such Distribution Date, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, extent not covered by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to by the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)3.23; (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiiixvii) [Reserved]; (xviii) [Reserved]; (xix) the amount of the Trustee Fee paid; (xx) the Cap Carryover Amounts distributed on such Distribution Date and the portion thereof constituting Cap Carryover Amounts, the amount of all Cap Carryover Amounts covered by withdrawals from the Reserve Accounts and the amounts remaining after giving effect to distributions thereof on such Distribution Date; (xxi) any Overcollateralization Deficiency after giving effect to the distribution of principal on such Distribution Date; (xxii) whether a Trigger Event has occurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance; (xxiii) the Available Funds; (xxiv) the Spread Amount and the Specified Subordinated Amount rate at which interest accrues for each Class of Certificates for such Remittance Distribution Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount Liquidation Report for each Class as of the close of such Remittance Distribution Date; (xxvi) the Accelerated aggregate Principal Distribution Amount for Balance of Mortgage Loans purchased by the Servicer or Seller during the related Collection Period and indicating the Section of this Agreement requiring or allowing the purchase of each such Remittance DateMortgage Loan; (xxvii) Reserved;the aggregate Principal Balance of the Mortgage Loans repurchased by the Servicer (or an affiliate) during the related Collection Period in connection with Section 3.16; and (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments Subsequent Recoveries received during the related Due Prepayment Period; . Parties that are unable to use http://www.usbank.com/abs are entitled to have a paper copy mailed to t▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ by calling the Trustee at (xxx651) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require495-3847 and indicating such. The Trustee shall forward have the right to ▇▇▇▇▇▇ ▇▇▇ ▇▇y such report statements are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders above parties and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to all above parties regarding any such changes. The Trustee may fully rely upon and shall have no liability with respect to information with respect to the telecopyMortgage Loans provided by the Servicer. In the case of information furnished pursuant to subclauses (ii), i) through (viii) and (xiiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ixi), (xiiiii), (xixxv) and (xxxv), xx) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward make available to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report forwarded reports made available to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Trustee deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Residual Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (ABFC C-Bass Mortgage Loan Asset-Backed Certificates, Series 2005-Cb5)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Trustee shall make available to each Certificateholder, the Certificate Insurer, the Seller, and each Rating Agency, a statement based, as applicable, on loan-level information obtained from and the Servicer shall deliver (the “Distribution Date Statement”) as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number Pool Collateral Balance and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due PeriodLoan Group Collateral Balance for such Distribution Date; (vii) the amount Loan Group Balance and related Net WAC and applicable Net WAC Cap for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments the One-Month MTA and LIBOR Indexed Mortgage Loans at the amounts Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) the amount of interest received on the Loans[Reserved]; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date[Reserved]; (xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month, in each case, using the MBA method; (xiii) the book value (if available) of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates or Principal-Only Components; (xvi) the calculation Class Principal Balance or Class Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesMonthly Interest Distributable Amount and the Interest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group; (xx) the amount Pass-Through Rate and Adjusted Cap Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan; (xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i); (xxiii) [Reserved]current Recoveries allocable to each Loan Group; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Datecumulative Recoveries allocable to each Loan Group; (xxv) the amount of any Applied Realized Loss AmountBasis Risk Shortfall, Realized Loss Amount if any, and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Daterelated accrued interest thereon; (xxvi) for each Loan Group, the Accelerated Principal Distribution Amount amount of Deferred Interest and Net Deferred Interest, if any, for such Remittance DateLoan Group; (xxvii) Reservedthe amount of Net Deferred Interest, if any, added to the Class Principal Balance of the related Certificates; (xxviii) the amount to be deposited into of the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i)Certificate Insurer Reimbursement Amount, if any; (xxix) the amount of FHA Payments and Related Payments received during Deficiency Amount, if any, to be paid by the related Due PeriodCertificate Insurer; (xxx) the Reserve Amount for number of mortgage loans and the related Remittance Dateaggregate principal balance of the mortgage loans that have negatively amortized in each Loan Group; (xxxi) claims filed during the Due Periodamount of any Class X-1 Distributable Amount, Class X-2 Distributable Amount and Class X-B Distributable Amount; (xxxii) claims paid the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the related Due Period; and (xxxvxxxiii) Such other information as the Noteholders or Certificateholders may reasonably requireamount of the Bulk PMI Fee paid during the Due Period to which such distribution relates. The Trustee shall forward make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Trustee’s Internet website. The Trustee’s Internet website shall initially be located at “▇▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/invr.” Assistance in using the website can be obtained by calling the Trustee customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to Certificate Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatemonthly basis. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling Agreement (Harborview 2006-5)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, based, as applicable, on information contained in the Remittance Report, the Trustee shall prepare and forward by mail to each Holder of the Regular Certificates, the Master Servicer shall deliver and the Rating Agencies, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates, separately identified, allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class ACertificates allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified; (iii) the Principal Distribution Amounts for aggregate amount of servicing compensation received by the Master Servicer during the related Remittance DateDue Period and such other customary information as the Trustee deems necessary or desirable, in the aggregate and listed separately for the portions relating or which a Certificateholder reasonably requests, to each Class of Class A, Class M and Class B Notesenable Certificateholders to prepare their tax returns; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts aggregate amount of Advances for the related Remittance Date (by Class and in the aggregate)Due Period; (v) the Available Maximum Subordination Amount for Pool Principal Balance at the close of business at the end of the related Remittance DateDue Period; (vi) the number number, weighted average remaining term to maturity and Principal Balances weighted average Loan Rate of all the Mortgage Loans which were as of the subject of Principal Prepayments during the related Due PeriodDate; (vii) the amount number and aggregate unpaid principal balance of all Curtailments Mortgage Loans (a) one month, two months or three months delinquent on a contractual basis, (b) as to which were received during foreclosure proceedings have been commenced and (c) in bankruptcy as of the Due Periodclose of business on the last day of the calendar month preceding such Distribution Date; (viii) with respect to any Mortgage Loan that became an REO Property during the aggregate amount of all Excess Payments preceding calendar month, the unpaid principal balance and the amounts Principal Balance of Monthly Payments in respect such Mortgage Loan as of principal received during the Due Perioddate it became an REO Property; (ix) the amount book value of interest received any REO Property as of the close of business on the Loanslast Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the close of business of the last day of the preceding due period; (x) the aggregate amount of Principal Prepayments made during the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Daterelated Prepayment Period; (xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (xii) the aggregate amount of any Realized Losses incurred during the related Due PeriodPeriod and the cumulative amount of Realized Losses; (xii) the aggregate amount of Extraordinary Trust Fund Expenses withdrawn from the Collection Account for such Distribution Date; (xiii) the Available Remittance Amounts for Class Certificate Principal Balance or Notional Amount (with respect to the Remittance Class A-I0 Certificates), as the case may be, of each Class of Certificates, after giving effect to the distributions made on such Distribution Date, in the aggregate and by component; (xiv) the Reimbursable Amounts Interest Remittance Amount in respect of each Class of Certificates for such Distribution Date and the GP Remittance Amount payable with respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xv) the Class Principal Balance aggregate amount of any Prepayment Interest Shortfalls for each Class of Class Asuch Distribution Date, Class M and Class B Notes and the Pool Balance after giving effect to the distribution extent not covered by payments of Compensating Interest by the Master Servicer pursuant to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateSection 3.24; (xvi) the calculation of the Trigger Event, including the various components thereofAvailable Funds; (xvii) the Cumulative Realized Losses, with respect to the Remittance Pass-Through Rate for each Class of Certificates for such Distribution Date; (xviii) the amount, if any, by which aggregate amount of Extraordinary Trust Fund Expenses withdrawn from the applicable Formula Collection Account or the Distribution Amount exceeds the applicable Class Distribution Amount Account for such Remittance Distribution Date; (xix) the Servicing Fees, aggregate Principal Balance of Mortgage Loans purchased by the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to the Master Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) Period and indicating the Reserve Amount for Section of this Agreement requiring or allowing the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requirepurchase of each such Mortgage Loan. The Trustee shall forward such report concurrently with each distribution to the Noteholders Certificateholders, the Rating Agencies, Bloomberg (at 499 Park Avenue, New York, New York ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇: ▇▇▇▇ ▇▇▇▇▇▇) ▇▇▇ ▇▇▇▇▇ Solutions (at ▇▇ ▇▇▇▇▇▇▇d Circle, Needham, Massach▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) ▇▇ ▇▇▇ related Dist▇▇▇▇▇▇▇▇ ▇▇▇▇. The Trustee may make available each month, to any interested party, the monthly statement to Certificateholders via the Trustee's website, electronic bulletin board and the Owner its fax-on-demand service. The Trustee's website will be located at "www.ctslink.com". The Trustee's elec▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ board may be accessed by calling (301) 815-6620, and its fax-on-deman▇ ▇▇▇▇▇▇▇ ▇▇▇ be accessed by calling (301) 815-6610. The Trustee on the Remittance Date, together may full▇ ▇▇▇▇ ▇▇▇▇ ▇▇d shall have no liability with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant respect to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared information provided by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Master Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), i) through (viii) and (xiiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Class R Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Trustee deems necessary or appropriate. (cd) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP InterestClass R Certificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on information provided to it by the Determination DateServicer, the Certificate Administrator shall prepare and make available to each Holder of the Regular Certificates, the Swap Counterparties, the Servicer shall deliver and the Rating Agencies, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class AP Certificates) allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified; (iii) the Principal Distribution Amounts for Pool Balance of the Group I Mortgage Loans and the Group II Mortgage Loans at the Close of Business at the end of the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B NotesDue Period; (iv) the Interest Shortfall Carryforward Amounts number, aggregate principal balance, and Realized Loss Amounts for weighted average Mortgage Rate of the Mortgage Loans as of the related Remittance Date (by Class and in the aggregate)Determination Date; (v) the Available Maximum Subordination Amount for the related Remittance Datenumber and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and (C) REO Properties; (vi) the number and Principal Balances of all Loans which were the subject aggregate amount of Principal Prepayments made during the Due related Prepayment Period; (vii) the aggregate amount of all Curtailments which were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses; (viii) the aggregate amount Certificate Principal Balance of all Excess Payments each class of the Class A Certificates, each class of the Mezzanine Certificates, the Class B Certificates and the amounts of Monthly Payments in respect of principal received during Class O Certificates, after giving effect to the Due Perioddistributions made on such Distribution Date; (ix) the amount Unpaid Interest Shortfall Amount, if any, with respect to each class of interest received on the LoansClass A Certificates, each class of the Mezzanine Certificates, the Class B Certificates and the Class AIO Certificates for such Distribution Date; (x) the aggregate amount of the Monthly Advances to be made on the Determination any Prepayment Interest Shortfalls for such Distribution Date, to the portion of extent not covered by payments by the Monthly Advances to be deposited in the Note Distribution Account Servicer pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date3.25; (xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LCredit Enhancement Percentage for such Distribution Date; (xii) the Available Funds Cap Carryforward Amount for each class of the Class A Certificates, each class of the Mezzanine Certificates and the Class B Certificates, if any, for such Distribution Date and the amount of any Realized Losses incurred during the related Due Periodremaining unpaid after reimbursements therefor on such Distribution Date; (xiii) the Available Remittance Amounts respective REMIC Pass-Through Rates applicable to each class of the Class A Certificates, each class of the Mezzanine Certificates, the Class B Certificates, and the Class AIO Certificates for such Distribution Date and the REMIC Pass-Through Rate applicable to each class of the Class A Certificates, each class of the Mezzanine Certificates and the Class B Certificates for the Remittance immediately succeeding Distribution Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Supplemental Interest Payment for each Class on such Distribution Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and difference between the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date; (xvi) the calculation of the Trigger Event, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Swap Notional Amount and the Specified Subordinated Amount for such Remittance Date; Underwritten Certificates (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable Class B Certificate if held by an entity unrelated to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxixSeller) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Principal Balance on such Distribution Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Closing Date. The Certificate Administrator may, in the absence of manifest error, conclusively rely upon the Determination Date Report of the Servicer in its preparation of the statement to Certificateholders pursuant to this Section 4.03. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Certificate Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Certificate Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee Certificate Administrator shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Certificate Administrator deems necessary or appropriate. (cd) Within a reasonable period of time after the end of each calendar year, the Servicer Certificate Administrator shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP InterestResidual Certificateholder. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Certificate Administrator pursuant to any requirements of the Code as from time to time in force. (de) Upon reasonable advance notice in writingNo later than noon on the Business Day prior to each Distribution Date, the Servicer will provide Certificate Administrator shall forward, by facsimile transmission, the statement prepared pursuant to paragraph (a) of this Section 4.03, together with all other information reasonably necessary to make the distributions pursuant to Section 4.01 of this Agreement, to the Trustee. On each Distribution Date, the Certificate Administrator, on behalf of the Trustee, shall forward by mail to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access Certificateholder the statement prepared pursuant to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations paragraph (a) of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notesthis Section 4.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Series 2002-2)

Statements. Each month, not later than 12:00 noon New York time on the Determination Date, the Servicer shall deliver to the Certificate Insurer and to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M R (both in hard copy and in computer tape form) to be delivered on the Business Day following the Determination Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series numbernumber of the Certificates, the date of this Agreement, and the following: (i) the Pool Available Remittance Amounts for each Pool for the related Remittance Date; (ii) the Class Principal Balances for each Class of Class APool I, Class M Pool II and Class B Notes Pool III Certificates as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class APool I, Class M Pool II and Class B NotesPool III Certificates; (iii) the Pool Principal Distribution Amounts for each Pool for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class APool I, Class M Pool II and Class B NotesPool III Certificates; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts total amount of any Insured Payments included in the Pool Available Remittance Amount for Pool I or Pool II for the related Remittance Date (by Class and in the aggregate)Date; (v) the Available Maximum Subordination Subordinated Amount and Specified Subordinated Amount for the related Remittance Date, listed separately for each Pool and the Pool Available Maximum Subordinated Amount for Pool III; (vi) the number and Principal Balances of all Mortgage Loans in each Pool which were the subject of Principal Prepayments during the Due Period; (vii) the amount of all Curtailments which were received during the Due Period, stated separately for each Pool; (viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Period, stated separately for each Pool; (ix) the amount of interest received on the Mortgage Loans, stated separately for each Pool; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account Certificate Accounts pursuant to Section 7.01(a)(ii6.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date, in each case stated separately for each Pool; (xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LO, stated separately for each Pool; (xii) the amount of any Realized Losses incurred during the related Due Period, stated separately for each Pool; (xiii) the Available Pool Remittance Amounts for Pool I and Pool II and the Class Current Interest Requirement and the Pool Principal Distribution Amount for Pool III for the Remittance Date, in the aggregate and by componentcomponent and listed separately for the portions relating to each Class of Certificates in the related Pool, and any Interest Shortfall Carryforward Amount or Pool Carry-Forward Amount, as the case may be, relating to each Class of Certificates; (xiv) the Reimbursable Amounts, the Pool I and Pool II Strip Amounts and the GP Class X Remittance Amount payable pursuant to Section 6.08(d)(X)(v) and Section 6.08(d)(Z)(xviii) with respect to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes Certificates and the Pool Principal Balance for each Pool after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount Losses made on such Remittance Date; (xvi) the calculation of Monthly Excess Spread Percentage, the Trigger EventExcess Spread, including and the various components thereofRemainder Excess Spread Amount (in each case, in the aggregate and stated separately for each Pool); (xvii) the Cumulative Realized Losses, stated separately for each Pool, with respect to the Remittance Date; (xviii) the amountweighted average maturity and weighted average Interest Rate, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount stated separately for such Remittance Dateeach Pool; (xix) the Servicing Fees, the Contingency Fees Fees, and amounts to be deposited to the Expense Account Accounts, the Insurance Accounts and the FHA Premium Account, in each case, as applicable, stated separately for each Pool; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b5.04(b), (c), (d)(ii), (e) and (ff)(i), stated separately with respect to each Pool; (xxi) the Class Pool Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Mortgage Interest Rate and Adjusted Mortgage Interest Rate of the Mortgage Loans for each Pool and the weighted average Class Adjusted Loan Remittance RatesRates for each Pool, in each case for the related Remittance Date, and the weighted average Loan Mortgage Interest Rate for the prior three month period; (xxiii) [Reserved]the Class AV Remittance Rate with respect to the Remittance Date and if the Class AV Remittance Rate was based on the applicable Net Funds Cap, what it would have been if based on LIBOR plus the applicable Margin; (xxiv) the Spread Amount and rate of LIBOR with respect to the Specified Subordinated Amount for such Remittance Date; (xxv) the Net Funds Cap for the Class AV Certificates with respect to the Remittance Date; (xxvi) if the Remittance Rate for the Class AV Certificates for such Remittance Date is based on the Net Funds Cap, the amount of any Certificateholders' Interest Carryover for such Class for such Remittance Date; (xxvii) the amount of the distribution, if any, allocable to Certificateholders' Interest Carryover and the amount of any Certificateholders' Interest Carryover for all prior Remittance Dates after giving effect to such distribution (in each case, stated separately by Class and in the aggregate); (xxviii) whether the Trigger Event for Pool III is in effect; (xxix) the Senior Percentage and the Class B Pool Percentage for the current Remittance Date; (xxx) the amount of any Pool Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class of Pool III Certificates as of the close of such Remittance Date; (xxvixxxi) the Accelerated Principal Distribution Amount for Pool III for such Remittance Date; (xxvii) Reserved; (xxviiixxxii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer and/or the Certificate Insurer from the FHA Premium Account pursuant to Section 7.03(b)(i6.06(b)(i); (xxixxxxiii) the The amount of FHA Payments and Related Payments received during the related Due Period, stated separately for each Pool; (xxxxxxiv) the The Reserve Amount for the related Remittance Date; (xxxixxxv) claims Claims filed during the Due Period; (xxxiixxxvi) claims Claims paid during the Due Period; (xxxiiixxxvii) claims Claims denied by the FHA during the Due Period; (xxxivxxxviii) claims Claims pending payment by the FHA during the Due Period; and (xxxvxxxix) The number and Principal Balance of all Defaulted Mortgage Loans purchased during the Due Period, stated separately for each Pool; (xl) Such other information as the Noteholders or Certificate Insurer and the Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders Certificateholders and, with respect to the report on the Pool I and Pool II Mortgage Loans, to the Owner Trustee Certificate Insurer on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution each Certificate Account pursuant to Section 7.01(a)(iv6.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i6.03(c)(i), 7.04(c)(ii) 6.03(c)(ii), 6.04(b)(iv), 6.08(d)(X)(iii), and 7.05(d)(xvii6.08(d)(Z) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the discretion of the Servicer, in the case of certain information furnished pursuant to subclauses (ii), (viii) and (xiii) abovethe above provisions, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note Class per $1,000 original dollar amount as of the Cut-Off Date. Additionally, on the Special Remittance Date the Trustee shall, based upon information received from the Servicer, forward to the Certificateholders and the Rating Agencies, a report setting forth the amount of principal and interest, if any, being paid to each Class of Certificates on the Special Remittance Date, and to the Certificate Insurer, a report setting forth such information only with respect to the Pool I and Pool II Certificates. (a) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Certificateholder the amount of interest and principal distributed with respect to each Class A, Class M and Class B Noteholder of Certificates plus such other customary information as is reasonably the Servicer determines to be necessary and/or required by the Internal Revenue Service to provide enable the Certificateholders to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xix) and (xxxv), above, aggregated prepare their tax returns for such calendar year or applicable portion thereof during which such Person was a Noteholderyear. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) On each Remittance Date and the Special Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Class X and Class R Certificateholders a copy of the report forwarded to the Noteholder Certificateholders of each Pool in respect of such Remittance Date or the Special Remittance Date, as the case may be, and a statement setting forth the amounts actually distributed to the Holder of the GP InterestClass X and Class R Certificateholders, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest Class X or Class R Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP InterestClass X or R Certificateholder, as applicable. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder Certificateholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Mortgage Loans sufficient to permit such Class A, Class M and Class B Noteholder Certificateholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class ACertificates. (e) The Servicer shall furnish to each Certificateholder and the Certificate Insurer, Class M during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be necessary, reasonable, or appropriate with respect to the Certificateholder or the Certificate Insurer, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and Class B Notesin accordance with such applicable instructions and directions as the Certificateholder or the Certificate Insurer may reasonably require; provided, that the Servicer shall be entitled to be reimbursed by such Certificateholder or the Certificate Insurer for the Servicer's actual expenses incurred in providing such reports if such reports are not producible in the ordinary course of the Servicer's business.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Money Store Home Equity Corp)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on the Determination DateMortgage Loan information contained in the Remittance Report, the Servicer Trustee shall deliver prepare and post on its website at www.usbank.com/abs and forward by mail to each Holder of ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ficates, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal or reduction of Notional Amount, separately identified; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to interest or Class AX Distributable Amount, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified; (iii) the Principal Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Overcollateralization Target Amount as of such Distribution Amounts Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for the related Remittance such Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Collection Period and in the aggregate)accrued and unpaid Special Servicing Fees; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateCollection Period; (vi) the number and Principal Balances Pool Balance at the close of all Loans which were business at the subject end of Principal Prepayments during the Due related Collection Period; (vii) the amount number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of all Curtailments which were received during the Mortgage Loans as of the related Due PeriodDate; (viii) the number and aggregate amount unpaid principal balance of all Excess Payments Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the amounts close of Monthly Payments in respect business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date; (ix) with respect to any Mortgage Loan that became an REO Property during the amount preceding calendar month, the loan number of interest received on such Mortgage Loan, the Loansunpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property; (x) the amount book value of any REO Property as of the Monthly Advances to be made close of business on the Determination last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the portion total number and cumulative principal balance of all REO Properties as of the Monthly Advances to be deposited in close of business of the Note Distribution Account pursuant to Section 7.01(a)(ii), and last day of the Compensating Interest payment to be made on the Determination Datepreceding Collection Period; (xi) the delinquency and foreclosure information set forth in aggregate amount of Principal Prepayments made during the form attached hereto as Exhibit Lrelated Prepayment Period; (xii) the aggregate amount of any prepayment penalties collected (including amounts deposited in connection with the full or partial waiver of such prepayment penalties pursuant to Section 3.01) during the related Collection Period and the amounts thereof allocable to the Class N Certificates and the Class X Certificates; (xiii) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) Collection Period and the Available Remittance Amounts for the Remittance Date, in the aggregate and by componentcumulative amount of Realized Losses; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect Certificate Principal Balance, or Notional Amount, as applicable, of each Class of Certificates, after giving effect to the Remittance distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts; (xv) the Class Principal Balance for Accrued Certificate Interest in respect of each Class of Class A, Class M and Class B Notes Offered Certificates and the Pool Balance after giving effect Class B-2 Certificates for such Distribution Date, separately identifying the portions thereof attributable to LIBOR Carryover Amounts, and the distribution to be respective portions thereof, if any, remaining unpaid following the distributions made on the Remittance Date and after allocation in respect of the Applied Realized Loss Amount made such Certificates on such Remittance Distribution Date; (xvi) the calculation aggregate amount of the Trigger Eventany Prepayment Interest Shortfalls for such Distribution Date, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, extent not covered by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to by the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)3.23; (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiiixvii) [Reserved]; (xviii) [Reserved]; (xix) the amount of the Trustee Fee paid; (xx) the LIBOR Carryover Amounts distributed on such Distribution Date, separately identifying any LIBOR Carryover Amounts paid from amounts received in respect of the Interest Rate Cap Agreement, and any LIBOR Carryover Amounts remaining after giving effect to distributions thereof on such Distribution Date; (xxi) any Overcollateralization Deficiency after giving effect to the distribution of principal on such Distribution Date; (xxii) whether a Trigger Event has occurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance; (xxiii) the Available Funds; (xxiv) the Spread Amount and the Specified Subordinated Amount rate at which interest accrues for each Class of Certificates for such Remittance Distribution Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount Liquidation Report for each Class as of the close of such Remittance Distribution Date; (xxvi) the Accelerated aggregate Principal Distribution Amount for Balance of Mortgage Loans purchased by the Servicer or Seller during the related Collection Period and indicating the Section of this Agreement requiring or allowing the purchase of each such Remittance Date;Mortgage Loan; and (xxvii) Reserved; (xxviii) the amount to be deposited into aggregate Principal Balance of the FHA Premium Account on the related Remittance Date and the amount reimbursable to Mortgage Loans repurchased by the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxixor an affiliate) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requireCollection Period in connection with Section 3.16. The Trustee may fully rely upon and shall forward such report have no liability with respect to information with respect to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared Mortgage Loans provided by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), i) through (viii) and (xiiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ixi), (xiiiii), (xixxv) and (xxxv), xx) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Trustee deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Residual Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will The Seller shall provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient Mortgage Insurance Premium to permit any Certificateholder upon written request of such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B NotesCertificateholder.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (C Bass Mortgage Loan Asset Backed Certs Ser 2002 Cb2)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, based, as applicable, on loan-level information provided to it by the Master Servicer, the Trustee shall make available to each Holder of the Regular Certificates, the Seller, the Master Servicer shall deliver and the Rating Agency, a statement (the "DISTRIBUTION DATE STATEMENT") as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Pro Rata Senior Percentage, Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by each Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and Principal Balances the Bankruptcy Loss Coverage Amount, each as of all Loans which were the subject of Principal Prepayments during the Due Periodrelated Determination Date; (vii) the amount Pool Balance and Net WAC for all Mortgage Loans at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) the aggregate amount Principal Balance of all Excess Payments the Six-Month CMT Indexed, One-Year CMT Indexed and Five-Year CMT Indexed Mortgage Loans at the amounts Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) the amount aggregate Principal Balance of interest received on the LoansSix-Month LIBOR Indexed, One-Month LIBOR Indexed and One-Year LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (x) the amount of the Monthly Advances to be made on the Determination DateMaster Servicing Fees and Servicing Fees, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Dateif any; (xi) the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of any Principal Prepayments made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts Period and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance for each Class cumulative amount of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateLosses; (xvi) the calculation Class Certificate Principal Balance of each Class of Certificates (other than the Trigger EventClass LTA-R Certificate) after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Prepayment Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date, to the extent not covered by payments by the Servicers pursuant to the applicable terms of their respective Servicing Agreements or the Master Servicer; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium AccountAvailable Funds; (xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) any amounts distributed to the Class Factor for each Class determined using the balances in subclause (xv) above;LTA-R Certificates; and (xxii) the weighted average Loan Interest Rate and aggregate Principal Balance of Mortgage Loans purchased hereunder by the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received Seller during the related Due Period; (xxx) , and indicating the Reserve Amount for relevant section of the related Remittance Date; Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each such Mortgage Loan. The Trustee will make the Distribution Date Statement (xxxiand, at its option, any additional files containing the same information in an alternative format) claims filed during available each month to Certificateholders and the Due Period; (xxxii) claims paid during other parties to this Agreement via the Due Period; (xxxiii) claims denied Trustee's internet website and its fax-on-demand service and will forward the Distribution Date Statement to the Rating Agency. The Trustee's internet website shall initially be located at "▇▇▇▇://▇▇▇-▇▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇- ▇▇▇▇.▇▇▇/▇▇▇▇". Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requirecustomer service desk and requesting same. The Trustee shall forward have the right to change the way Distribution Date Statements are distributed in order to make such report distribution more convenient and/or more accessible to the Noteholders above parties and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to all the above parties regarding any such changes. The Trustee's obligations pursuant to this Section 4.04 are limited to the extent of its receipt of all necessary information from the Master Servicer. The Trustee may fully rely upon and shall have no liability with respect to information provided by the telecopyMaster Servicer. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to Bloomberg Financial Markets, Inc. in a format acceptable to Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to Mortgage Information Corporation in a format acceptable to Mortgage Information Corporation on a monthly basis. On each Distribution Date, the Owner Trustee, for distribution Master Servicer shall provide the Trustee the following information with respect to each Mortgage Loan (the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriate."REMITTANCE REPORT"): (ci) Within a reasonable period the Mortgage Loan identifying number; (ii) [reserved]; (iii) the current Loan Rate as of time after the end of each calendar yearthe related Due Period; (iv) the related Servicing Fee Rate; (v) the current Monthly Payment due as of the end of the related Due Period; (vi) the next scheduled Due Date as of the end of the related Due Period; (vii) the next Adjustment Date of the Mortgage Loan as of the end of the related Due Period, if applicable; (viii) the Servicer shall furnish Stated Principal Balance of the Mortgage Loan immediately prior to the Trustee, with a copy to related Due Period; (ix) the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder Stated Principal Balance of the GP Interest such information Mortgage Loan as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation end of the Servicer shall be deemed related Due Period; (x) [reserved]; (xi) the aggregate of all interest received on the Mortgage Loan, including Advances; (xii) [reserved]; (xiii) the aggregate of all scheduled principal payments received on the Mortgage Loans, including Advances; (xiv) Principal Prepayments in part; (xv) Principal Prepayments in full; (xvi) the delinquency status of the Mortgage Loan (i.e., 0, 30, 60, 90+ days Delinquent); (xvii) [reserved]; (xviii) an indication as to have whether the Mortgage Loan is in foreclosure; (xix) an indication as to whether the related Mortgaged Property has become an REO Property; (xx) the date of bankruptcy of the Mortgagor, if any; (xxi) the date of foreclosure, if any; (xxii) the date on which the related Mortgaged Property became an REO Property; (xxiii) for each Mortgage Loan for which a Liquidation Event has occurred, whether such Mortgage Loan (i) has been satisfied to paid in full, (ii) is a Liquidated Mortgage Loan or (iii) has been repurchased or replaced; (xxiv) [reserved]; (xxv) the extent that substantially comparable information shall be provided Stated Principal Balance of the Mortgage Loan on the date on which a Liquidation Event occurs; (xxvi) Liquidation Proceeds; (xxvii) Net Liquidation Proceeds; (xxviii) Realized Losses; (xxix) Net Prepayment Interest Shortfalls; (xxx) Relief Act Reductions; (xxxi) the aggregate of all scheduled interest received on the Mortgage Loans, excluding Advances; (xxxii) the aggregate of all scheduled principal received on the Mortgage Loans, excluding Advances; (xxxiii) the current amount of Advances outstanding; (xxxiv) the amount advanced by the Servicer pursuant to any requirements of the Code as from time to time in force.related Servicer; (dxxxv) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding amount of principal advanced by the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations related Servicer; and (xxxvi) the amount of interest advanced by the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.related Servicer

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Greenwich Capital Acc Inc Mort Loan Pas THR Certs Ser 01 2)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on the Determination DateMortgage Loan information contained in the Remittance Report, the Servicer Securities Administrator shall deliver make available to Holders of the Trustee, by telecopy, for distribution to the Noteholders, Regular Certificates and the Owner Trustee for distribution to the CertificateholdersNIMS Insurer on its internet website, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered on the Business Day following the Determination Date, initially located at "▇▇▇.▇▇▇▇▇▇▇.▇▇▇," a certificate signed by a Servicing Officer statement (a "Servicer's CertificateDistribution Date Statement") stating as to the date (day, month and year), the Series number, the date of this Agreement, and the followingdistributions to be made on such Distribution Date: (i) the Available Remittance Amounts for Principal Distribution Amount and the related Remittance Dateamount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal, separately identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts; (ii) the Class Principal Balances for Interest Remittance Amount and the amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to interest or Class ACE Distributable Amount, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified; (iii) the Principal Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Amounts Date and the Monthly Excess Cashflow Amount for the related Remittance such Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class and in the aggregate)Collection Period; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period; (vi) the number and Principal Balances Pool Balance at the close of all Loans which were business at the subject end of Principal Prepayments during the related Due Period; (vii) the amount number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of all Curtailments which were received during the Mortgage Loans as of the related Due PeriodDate; (viii) the number and aggregate amount unpaid principal balance of all Excess Payments Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the amounts close of Monthly Payments in respect business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date; (ix) with respect to any Mortgage Loan that became an REO Property during the amount preceding calendar month, the loan number of interest received on such Mortgage Loan, the Loansunpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property; (x) cumulatively, the amount total number and cumulative principal balance of all REO Properties as of the Monthly Advances to be made on the Determination Date, the portion close of business of the Monthly Advances to be deposited in last day of the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Datepreceding Collection Period; (xi) the delinquency and foreclosure information set forth in aggregate amount of Principal Prepayments made during the form attached hereto as Exhibit Lrelated Prepayment Period; (xii) the aggregate amount of any Realized Losses incurred during the related Due Collection Period, and the cumulative amount of Realized Losses and the Cumulative Realized Loss Percentage; (xiii) the Available Remittance Amounts for Certificate Principal Balance of each Class of Certificates, after giving effect to the Remittance distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, in the aggregate and by componentseparately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts; (xiv) the Reimbursable Amounts Accrued Certificate Interest in respect of each Class of Offered Certificates for such Distribution Date, and the GP Remittance Amount payable with respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xv) the Class Principal Balance aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Servicer pursuant to Section 3.23, and the amount of Relief Act Shortfalls applied to reduce the Interest Remittance Amount for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on for such Remittance Distribution Date; (xvi) the calculation amount of the Trigger Event, including the various components thereofSecurities Administration Fee paid; (xvii) the Cumulative Realized Losses, with respect to aggregate amount of the Remittance DateCredit Risk Manager Fee paid; (xviii) any Overcollateralization Deficiency Amount after giving effect to the amount, if any, by which the applicable Formula distributions of principal on such Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees whether a Trigger Event has occurred and amounts to be deposited to the Expense Account and the FHA Premium Accountis continuing; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Available Funds; (xxi) the Class Factor Pass-Through Rate at which interest accrues for each Class determined using of Certificates for such Distribution Date and the balances in subclause Formula Rate at which interest will accrue for such Class (xvother than the Class A-1 and, for the first 24 Distribution Dates, the Class A-2 Certificates) abovefor the next Distribution Date, and the Pass-Through Rate for the Class A-1 and Class A-2 Certificates for the next Distribution Date; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case Liquidation Report for the related Remittance such Distribution Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]the aggregate Principal Balance of Mortgage Loans purchased by the Seller during the related Collection Period and indicating the Section of this Agreement requiring or allowing the purchase of each such Mortgage Loan; (xxiv) the Spread Amount and aggregate Principal Balance of the Specified Subordinated Amount for such Remittance DateMortgage Loans repurchased by the Depositor during the related Collection Period in connection with Section 3.16; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Unpaid Interest Shortfall Amount and Unpaid Realized Loss Net WAC Rate Carryover Amount for payable on each Class as for such Distribution Date, separately identifying the portion of each that consists of interest accrued on previous such amounts, the close amounts paid on each Class on such Distribution Date in respect of such Remittance items, and the amount of Unpaid Interest Shortfall Amount and Net WAC Rate Carryover Amount that will be payable on each Class on the next Distribution Date;; and (xxvi) the Accelerated amount of all reimbursements of Realized Losses previously allocated to reduce the Certificate Principal Balance of any Class of Certificates that were reimbursed on such Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date , and the remaining amount reimbursable of any Realized Losses that have been so allocated and not yet reimbursed, for each Class. Assistance in using the Securities Administrator's website can be obtained by calling the Securities Administrator's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the Servicer parties, and the Securities Administrator shall provide timely and adequate notification to all parties regarding any such change. The Securities Administrator's obligations pursuant to this Section 4.06 are limited to the extent of its receipt of all necessary information from the FHA Premium Account pursuant Servicer. The Securities Administrator may fully rely upon and shall have no liability with respect to Section 7.03(b)(i); (xxix) information with respect to the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied Mortgage Loans provided by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), i) through (viii) and (xiiiiii) above, the amounts shall be expressed in a separate section Section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M if requested in writing by such Person, and Class B Noteholder such information as is reasonably necessary to provide to such Person the NIMS Insurer, a statement containing the information set forth in subclauses (ixi), (xiiiii), (xixxi), (xii), (xxiii) and (xxxv), xxiv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder, plus other information as the Securities Administrator may determine and advise the Trustee to be necessary and/or to be required by the Internal Revenue Service or by federal or state laws, rules or regulations to enable such Certificateholders to prepare their tax returns for such calendar year. Such obligation obligations of the Servicer Trustee and the Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee or the Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee Securities Administrator shall forward make available on its website the same information to the Owner Trustee, for distribution Class R Certificateholders and the NIMS Insurer as that provided to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Securities Administrator deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Class R Certificateholders by the Servicer Securities Administrator pursuant to any requirements of the Code as from time to time in force. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder of a Residual Certificate and the NIMS Insurer a statement setting forth the amount, if any, actually distributed with respect to the Residual Certificates, as appropriate, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. (d) Upon reasonable advance notice in writingThe Securities Administrator shall, the Servicer will provide upon request, furnish to each Class ACertificateholder and the NIMS Insurer, Class M and Class B Noteholder which is a savings and loan associationduring the term of this Agreement, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class Aperiodic, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision special, or other regulatory authorities reports or information, whether or not provided for herein, as shall be reasonable with respect to investment the Certificateholder or the NIMS Insurer, as the case may be, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided at the expense of the Certificateholder or the NIMS Insurer, as the case may be, in accordance with such reasonable and explicit instructions and directions as the Class ACertificateholder or the NIMS Insurer, Class M and Class B Notesas the case may be, may provide. For purposes of this Section 4.06, the Securities Administrator's duties are effective only to the extent that the Securities Administrator receives timely reports as required from the Servicer.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Asset Backed Funding Corp)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Seller, the Master Servicer and the Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer and the Servicers (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by each Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and Principal Balances the Bankruptcy Loss Coverage Amount, each as of all Loans which were the subject of Principal Prepayments during the Due Periodrelated Determination Date; (vii) the amount Loan Group Balance and related Net WAC for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Year CMT Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) for each Loan Group, the amount aggregate Principal Balance of interest received on the LoansOne-Month LIBOR Indexed, Six-Month LIBOR Indexed and One-Year LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date[Reserved]; (xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of any Principal Prepayments and Prepayment Penalty Amounts with respect to each Loan Group made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts Period and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance for each Class cumulative amount of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateLosses; (xvi) the calculation Class Certificate Principal Balance or Class Certificate Notional Amount, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group; (xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the related Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan; (xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i); (xxiii) [Reserved]current Recoveries allocable to each Loan Group; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Datecumulative Recoveries allocable to each Loan Group; (xxv) the amount of any Applied Realized Loss AmountBasis Risk Shortfall or Unpaid Basis Risk Shortfall, Realized Loss Amount if any, and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date;related accrued interest thereon, with respect to the LIBOR Certificates; and (xxvi) payments made under the Accelerated Principal Yield Maintenance Agreement, if any. The Securities Administrator will make the Distribution Amount for such Remittance Date; Date Statement (xxviiand, at its option, any additional files containing the same information in an alternative format) Reserved; (xxviii) the amount available each month to be deposited into the FHA Premium Account on the related Remittance Date Certificateholders and the amount reimbursable other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2004-10)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Seller, the Master Servicer and the Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer and the Servicers (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by each Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and Principal Balances the Bankruptcy Loss Coverage Amount, each as of all Loans which were the subject of Principal Prepayments during the Due Periodrelated Determination Date; (vii) the amount Loan Group Balance and related Net WAC for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Year CMT Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) for each Loan Group, the amount aggregate Principal Balance of interest received on the LoansOne-Month LIBOR Indexed, Six-Month LIBOR Indexed and One-Year LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date[Reserved]; (xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of any Principal Prepayments and Prepayment Penalty Amounts with respect to each Loan Group made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts Period and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance for each Class cumulative amount of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateLosses; (xvi) the calculation Class Certificate Principal Balance or Class Certificate Notional Amount, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group; (xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the related Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan; (xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i); (xxiii) [Reserved]current Recoveries allocable to each Loan Group; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Datecumulative Recoveries allocable to each Loan Group; (xxv) the amount of any Applied Realized Loss AmountBasis Risk Shortfall or Unpaid Basis Risk Shortfall, Realized Loss Amount if any, and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date;related accrued interest thereon, with respect to the LIBOR Certificates; and (xxvi) payments made under the Accelerated Principal Yield Maintenance Agreement, if any. The Securities Administrator will make the Distribution Amount for such Remittance Date; Date Statement (xxviiand, at its option, any additional files containing the same information in an alternative format) Reserved; (xxviii) the amount available each month to be deposited into the FHA Premium Account on the related Remittance Date Certificateholders and the amount reimbursable other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “www.ctslink.com.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (301) ▇▇▇-▇▇▇▇. ▇▇rties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first c▇▇▇▇ ▇▇▇▇ ▇▇ ▇alling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2004-10)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Certificate Insurer, the Seller, the Master Servicer and the Rating Agency, a statement based, as applicable, on the Remittance Report obtained from the Master Servicer (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for the related Remittance Date (by Class and in the aggregate); (v) the Available Maximum Subordination Amount for the related Remittance Date; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period; (vii) the amount of all Curtailments which were servicing compensation received during by the Due Period; (viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Period; (ix) the amount of interest received on the Loans; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date; (xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (xii) the amount of any Realized Losses incurred Servicer during the related Due Period; (xiiiv) the Available Remittance Amounts aggregate amount of Advances for the Remittance related Due Period and the amount of unreimbursed Advances; (vi) [Reserved]; (vii) the Loan Group Balance and related Net WAC for each Loan Group at the Close of Business at the end of the related Due Period; (viii) [Reserved]; (ix) for each Loan Group, the aggregate Principal Balance of the One-Month LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (x) for each Loan Group, the aggregate Principal Balance of the MTA Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (xi) for each Loan Group, the number, weighted average remaining term to maturity and weighted average Loan Rate of the related Mortgage Loans as of the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and by componentfor each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable aggregate amount of Principal Prepayments with respect to each Loan Group made during the Remittance Daterelated Prepayment Period; (xv) the Class Principal Balance for each Class aggregate amount of Class A, Class M and Class B Notes Realized Losses incurred during the related Due Period and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation cumulative amount of the Applied Realized Loss Amount made on such Remittance DateLosses; (xvi) the calculation Class Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group; (xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan; (xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i); (xxiii) the amount of any Basis Risk Shortfall, if any, and the related accrued interest thereon, with respect to the LIBOR Certificates; (xxiv) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date[Reserved]; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date[Reserved]; (xxvii) Reservedfor each Loan Group, the amount of Net Deferred Interest, if any, for such Loan Group; (xxviii) the amount of Net Deferred Interest, if any, added to be deposited into the FHA Premium Account on Certificate Principal Balance or Component Principal Balance of the related Remittance Date Certificates and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i)Principal-Only Components; (xxix) the amount of FHA Payments and Related Payments received during the related Due Periodcurrent Recoveries allocable to each Loan Group; (xxx) the Reserve Amount for the related Remittance Datecumulative Recoveries allocable to each Loan Group; (xxxi) claims filed during the Due Period;amount of the Certificate Insurer Reimbursement Amount, if any; and (xxxii) claims the Deficiency Amount, if any, to be paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requireCertificate Insurer. The Trustee Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall forward initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to Certificate Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2004-Ar2)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on the Determination DateMortgage Loan information contained in the Remittance Report, the Servicer Trustee shall deliver prepare and post on its website at ▇▇▇.▇▇▇▇▇▇.▇▇▇, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal or reduction of Notional Amount, separately identified; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to interest or Class AX Distributable Amount, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified; (iii) the Principal Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Targeted Overcollateralization Amount as of such Distribution Amounts Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for the related Remittance such Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class and in the aggregate)Collection Period; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateCollection Period; (vi) the number Pool Balance and Principal Balances the Loan Group Balance for each Loan Group at the close of all Loans which were business at the subject end of Principal Prepayments during the Due related Collection Period; (vii) separately stated for each Loan Group, the amount number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of all Curtailments which were received during the Mortgage Loans as of the related Due PeriodDate; (viii) separately stated for each Loan Group, the number and aggregate amount unpaid principal balance of all Excess Payments Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the amounts close of Monthly Payments in respect business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date; (ix) separately stated for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the amount preceding calendar month, the loan number of interest received on such Mortgage Loan, the Loansunpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property; (x) separately stated for each Loan Group, the amount book value of any REO Property as of the Monthly Advances to be made close of business on the Determination last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the portion total number and cumulative principal balance of all REO Properties as of the Monthly Advances to be deposited in close of business of the Note Distribution Account pursuant to Section 7.01(a)(ii), and last day of the Compensating Interest payment to be made on the Determination Datepreceding Collection Period; (xi) separately stated for each Loan Group, the delinquency and foreclosure information set forth in aggregate amount of Principal Prepayments made during the form attached hereto as Exhibit Lrelated Prepayment Period; (xii) the aggregate amount of any prepayment penalties collected (including amounts deposited in connection with the full or partial waiver of such prepayment penalties pursuant to Section 3.01) during the related Collection Period and the amounts thereof allocable to the Class N Certificates and the Class X Certificates; (xiii) separately stated for each Loan Group, the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) Collection Period and the Available Remittance Amounts for the Remittance Date, in the aggregate and by componentcumulative amount of Realized Losses; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect Certificate Principal Balance, or Notional Amount, as applicable, of each Class of Certificates, after giving effect to the Remittance distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts; (xv) the Class Principal Balance for Accrued Certificate Interest in respect of each Class of Class A, Class M Offered Certificates and Class B Notes B-5 and Class B-6 Certificates for such Distribution Date, separately identifying the portions thereof attributable to Net WAC Carryover Amounts, and the Pool Balance after giving effect to respective portions thereof, if any, remaining unpaid following the distribution to be distributions made on the Remittance Date and after allocation in respect of the Applied Realized Loss Amount made such Certificates on such Remittance Distribution Date; (xvi) the calculation aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the Trigger Event, including extent not covered by payments by the various components thereofServicer pursuant to Section 3.23; (xvii) any amounts to be deposited in the Cumulative Realized Losses, with respect Reserve Account pursuant to the Remittance DateCap Contract as described in Section 4.02(f) and the amount thereof to be paid to the Class M-1, Class M-2, Class M-3 or Class M-4 Certificates; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xix) the amount of the Trustee Fee paid; (xx) the Net WAC Carryover Amounts distributed on such Distribution Date; (xxi) any Overcollateralization Deficiency after giving effect to the distribution of principal on such Distribution Date; (xxii) whether a Trigger Event has occurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance; (xxiii) the Available Funds; (xxiv) the Spread Amount and the Specified Subordinated Amount rate at which interest accrues for each Class of Certificates for such Remittance Distribution Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount Liquidation Report for each Class as of the close of such Remittance Distribution Date; (xxvi) the Accelerated aggregate Principal Distribution Amount for Balance of Mortgage Loans purchased by the Servicer or Seller during the related Collection Period and indicating the Section of this Agreement requiring or allowing the purchase of each such Remittance Date;Mortgage Loan; and (xxvii) Reserved; (xxviii) the amount to be deposited into aggregate Principal Balance of the FHA Premium Account on the related Remittance Date and the amount reimbursable to Mortgage Loans repurchased by the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxixor an affiliate) the amount of FHA Payments and Related Payments received during the related Due Period; Collection Period in connection with Section 3.16. Parties that are unable to use ▇▇▇.▇▇▇▇▇▇.▇▇▇ are entitled to have a paper copy mailed to them via first class mail by calling the Trustee at (xxx651) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require495-3847 and indicating such. The Trustee shall forward have the right to change the way such report statements are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders above parties and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to all above parties regarding any such changes. The Trustee may fully rely upon and shall have no liability with respect to information with respect to the telecopyMortgage Loans provided by the Servicer. In the case of information furnished pursuant to subclauses (ii), i) through (viii) and (xiiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ixi), (xiiiii), (xixxv) and (xxxv), xx) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward make available to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report forwarded reports made available to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Trustee deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Residual Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (C-Bass Mortgage Loan Asset-Backed Certificates, Series 2005-Cb3)

Statements. Each month(a) Based solely upon the information provided to it by the Servicers pursuant to Section 7.08(d) hereof, not later than 12:00 noon New York time on the Determination each Distribution Date, the Servicer Trustee shall deliver make available on its website initially located at www.jpmorgan.com/sfr to the TrusteeDeposito▇, by telecopy▇▇▇▇ ▇▇▇▇▇, for distribution to the Noteholders, Servicers and the Owner Trustee for distribution to Rating Agencies a statement setting forth the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered on the Business Day following the Determination Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the followinginformation: (i) the Available Remittance Amounts for aggregate amount on deposit in the related Remittance Certificate Account on such Distribution Date; (ii) the Class Accrued Certificate Interest, Unpaid Interest Amount, if any, the Basis Risk Carry Forward Amount, if any, and the Principal Balances for Distribution Amount, with respect to each Class individually, all Classes of the Offered Certificates in the aggregate, all Classes of Class A, Class M Certificates in the aggregate and all Classes of Class B Notes as reported Certificates in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesaggregate; (iii) the Principal Distribution Amounts Pass-Through Rate for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M Certificates applicable to the related Accrual Period and Class B NotesLIBOR applicable to the Certificates with respect to such Distribution Date; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for the related Remittance Date (by Class and in the aggregate)reserved; (v) the Available Maximum Subordination Amount for Certificate Balance of the related Remittance DateClass A-1 Certificates and each Class of Class M Certificates and Class B Certificates, the aggregate amount of the interest and principal of each Class of Offered Certificates to be paid on such Distribution Date and the remaining Certificate Balance of each Class of Offered Certificates following any such payment; (vi) the number amount, if any, of any Realized Losses for the related Due Period in the aggregate, the amount of Applied Realized Loss Amounts to each Class of Offered Certificates on such Distribution Date and Principal Balances the amount of all Loans which were Cumulative Realized Losses as of the subject last day of Principal Prepayments during the related Due Period; (vii) the amount of all Curtailments which were received during the Due Periodreserved; (viii) the aggregate amount of all Excess Payments and the amounts distribution with respect to each Class of Monthly Payments Offered Certificates (based on a Certificate in respect the original principal amount of principal received during the Due Period$1,000); (ix) the amount of interest received on such distribution allocable to principal of the Mortgage Loans, separately identifying the aggregate amount of any Principal Prepayments, Loan Purchase Price amounts or other recoveries of principal included therein; (x) the amount of the Monthly Advances such distribution allocable to be made interest on the Determination Date, the portion of the Monthly Advances to be deposited Mortgage Loans (based on a Certificate in the Note Distribution Account pursuant to Section 7.01(a)(iioriginal principal amount of $1,000), and the Compensating Interest payment to be made on the Determination Date; (xi) the delinquency and foreclosure information set forth principal amount, if any, of each Class of the Offered Certificates (based on a Certificate in the form attached hereto as Exhibit Loriginal principal amount of $1,000) which will be outstanding after giving effect to any payment of principal on such Distribution Date; (xii) the amount aggregate Pool Balance of any Realized Losses incurred during all Mortgage Loans, as of the last day of the related Due Period; (xiii) based upon information furnished by the Available Remittance Amounts for Depositor such information as may be required by Section 6049(d)(7)(C) of the Remittance Date, Code to assist the Certificateholders in the aggregate and by componentcomputing their market discount; (xiv) the Reimbursable Amounts and weighted average interest rate of the GP Remittance Amount payable with respect to the Remittance DateMortgage Loans; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation weighted average remaining term of the Applied Realized Loss Amount made on such Remittance DateMortgage Loans; (xvi) the calculation number and principal amounts of the Trigger Event, including Mortgage Loans that were 60 days or more Delinquent for each of the various components thereofpreceding three months as of the close of business on the last Business Day of the calendar month next preceding the Distribution Date; (xvii) such other information as the Cumulative Realized Losses, Depositor may reasonably request with respect to the Remittance DateMortgage Loans that are Delinquent; (xviii) the amount, if any, by which Principal Balance of the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Datelargest Mortgage Loans outstanding; (xix) the Servicing Feesnumber, aggregate Principal Balances and percentage of Mortgage Loans that are: (A) 30-59 days Delinquent, (B) 60-89 days Delinquent and (C) 90-119 days Delinquent, (D) 120-149 days Delinquent, (E) 150-179 days Delinquent and (F) 180 or more days Delinquent, as of the Contingency Fees and amounts to be deposited to close of business on the Expense Account last Business Day of the calendar month next preceding the Distribution Date and the FHA Premium Accountaggregate number and aggregate Principal Balance of such Mortgage Loans; (xx) (a) the amount status, the number, and the Principal Balances of all payments and reimbursements to Mortgage Loans that are in foreclosure proceedings as of the Servicer pursuant to Section 4.04(b)close of business on the last Business Day of the calendar month preceding such Distribution Date (b) the percentage of Mortgage Loans in foreclosure that are Foreclosure Restricted Mortgage Loans, (c), (d)(ii), (e) the percentage of REO Property acquired by the Trust in respect of Foreclosure Restricted Mortgage Loans as of the close of business on the last Business Day of the calendar month preceding such Distribution Date and (f)d) the number and the Principal Balances of all Mortgage Loans that are Foreclosure Restricted Mortgage Loans as of the close of business on the last Business Day of the calendar month preceding such Distribution Date; (xxi) the Class Factor number of Mortgagors and the Principal Balances of the related Mortgages for each Class determined using all Bankruptcy Loans and whether such Mortgage Loans are (A) 30-59 days Delinquent, (B) 60-89 days Delinquent and (C) 90-119 days Delinquent, (D) 120-149 days Delinquent, (E) 150-179 days Delinquent and (F) 180 or more days Delinquent, as of the balances in subclause (xv) aboveclose of business on the last Business Day of the calendar month next preceding such Distribution Date; (xxii) the weighted average Loan Interest Rate number of Mortgagors and the weighted average Class Adjusted Loan Remittance Rates, in each case for Principal Balances of the related Remittance Mortgages for all Mortgage Loans involved in foreclosure proceedings and whether such Mortgage Loans are (A) 30-59 days Delinquent, (B) 60-89 days Delinquent and (C) 90-119 days Delinquent, (D) 120-149 days Delinquent, (E) 150-179 days Delinquent and (F) 180 or more days Delinquent, as of the close of business on the last Business Day of the calendar month next preceding such Distribution Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]the existence and status of any Mortgaged Properties for all Mortgage Loans as to which title has been taken in the name of, or on behalf of the Trustee, as of the close of business of the last Business Day of the month next preceding the Distribution Date; (xxiv) the Spread Amount and book value of any real estate acquired through foreclosure or grant of a deed in lieu of foreclosure for all Mortgage Loans as of the Specified Subordinated Amount for such Remittance close of business on the last Business Day of the calendar month next preceding the Distribution Date; (xxv) the number of Mortgage Loans; (xxvi) identifying the aggregate amount received from: a. Curtailments; b. voluntary payoffs; c. Involuntary Payoffs (the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class Net Liquidation Proceeds applicable to the unpaid principal balance from the loan); and d. Mortgage Loans purchased from the Trust; as of the close of such Remittance Date; (xxvi) business on the Accelerated Principal Distribution Amount for such Remittance Datelast Business Day of the related Due Period; (xxvii) Reservedthe number and Principal Balance of all Mortgage Loans that are subject to loss mitigation as of the close of business on the last Business Day of the calendar month next preceding the Distribution Date; (xxviii) the amount to be deposited into number and Principal Balance of Mortgage Loans that are being contested because of Section 32 of the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i)Truth in Lending Act; (xxix) the amount of FHA Payments current and Related Payments received during cumulative Realized Losses (separately identifying principal and interest losses) from following resolution types: a. REO Property sold; b. short sale; c. deed in lieu; d. no equity second mortgages; and e. other; as of the close of business on the last Business Day of the related Due Period; (xxx) the Reserve Amount for the related Remittance Datenumber and Pool Balance with respect to each product type of all Mortgage Loans that are Bankruptcy Loans, separately identifying: a. those Bankruptcy Loans that are currently meeting their payment plan; b. those Bankruptcy Loans that are 1 to 2 payments behind their payment plan; c. those Bankruptcy Loans that are 2 to 3 payments behind their payment plan; d. those Bankruptcy Loans that are greater than 3 payments behind their payment plan; e. those Bankruptcy Loans that are greater than 4 payments behind their payments; and f. those Bankruptcy Loans that are greater than 5 payments behind their payments; (xxxi) claims filed during the Due Periodcalculations and results of calculations of each Stepdown Date test performed; (xxxii) claims paid during the Due Period;number and Principal Balance of each Mortgage Loan purchased pursuant to Section 8.21; and (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such any other information as that the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereofDepositor, the Trustee shall be entitled to rely upon or the telecopy. In the case of information furnished pursuant to subclauses (ii), (viii) and (xiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per $1,000 original dollar amount as of the Cut-Off Date. (a) Within a reasonable period of time after the end of each calendar year, the relevant Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class A, Class M and Class B Noteholder such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xix) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a Noteholder. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in forcedeems necessary. (b) On The Trustee shall report to the Depositor and each Remittance DateCertificateholder, with respect to the amount on deposit in the Certificate Account and the identity of the investments included therein, as the Depositor may from time to time reasonably request. Without limiting the generality of the foregoing, the Trustee shall forward shall, at the request of the Depositor transmit promptly to the Owner Trustee, for distribution to the Holder Depositor copies of the GP Interest, a copy all accounting of the report forwarded to the Noteholder receipts in respect of such the Mortgage Loans furnished to it by each Servicer and shall notify the Depositor if any Remittance Date and a statement setting forth Amount has not been received by the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriateTrustee when due. (c) Within a reasonable period The Trustee shall report to the Depositor and each Certificateholder with respect to any written notices it may from time to time receive which provide an Authorized Officer with actual knowledge that certain of time after the end of each calendar year, the statements set forth in this Agreement are inaccurate. (d) The related Servicer shall furnish to the Trustee, and each Owner of any Class X Certificate, in each case during the term of this Agreement, (i) such information with a copy respect to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest Mortgage Loans serviced by such information Servicer as is reasonably necessary to provide prepare its report provided for in Section 7.08 and (ii) periodic, special or other reports or information not specifically provided for herein, as may be necessary, reasonable, or appropriate with respect to the Trustee or otherwise with respect to the purposes of this Agreement, all such Person reports or information to be provided by and in accordance with such applicable instructions and directions as the Trustee may reasonably require; provided, that each such Servicer shall be entitled to be reimbursed by the requesting party for the fees and actual expenses associated with providing the reports described in clause (ii), if such reports are not generally produced in the ordinary course of business, provided that any reports requested by the Trustee (other than at the request of a statement containing third party who shall be responsible for such fees and expenses) shall be reimbursed by the Trust as Trust Expenses. The Trustee's responsibility for providing the report described in Section 7.08 shall be limited to the availability, timeliness and accuracy of the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided therefor by the Servicer pursuant to any requirements of the Code as from time to time in forcerelevant Servicer. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Trust and Servicing Agreement (Gs Mortgage Securities Corp)

Statements. Each month, not later than 12:00 noon New York time on the Determination Date, the Servicer Trust Administrator shall deliver to the Indenture Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered on the Business Day following the Determination Date, a certificate signed by a Servicing Officer an officer of the Trust Administrator (a "ServicerTrust Administrator's Certificate") stating the date (day, month and year), the Series numbernumber of the Notes, the date of this Agreement, and the following: (i) the Pool Available Remittance Amounts for each Pool for the related Remittance Date; (ii) the Class Principal Balances for each Class of Class A, Class M Pool I and Class B Pool II Notes as reported in the prior ServicerTrust Administrator's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M Pool I and Class B Pool II Notes; (iii) the Pool Principal Distribution Amounts for each Pool for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M Pool I and Class B Pool II Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for the related Remittance Date (by Class and amount of any Letter of Credit Payments in the aggregate)aggregate and listed separately by Pool; (v) the Available Maximum Subordination Amount Current Interest Requirements for each Class of Notes for the related Remittance Date; (vi) the number and Principal Balances of all Loans in each Pool which were the subject of Principal Prepayments during the Due Period; (vii) the amount of all Curtailments which were received during the Due Period, stated separately for each Pool; (viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Period, stated separately for each Pool; (ix) the amount of interest received on the Mortgage Loans, stated separately for each Pool; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account Accounts pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date, in each case stated separately for each Pool; (xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L, stated separately for each Pool; (xii) the amount of any Realized Losses incurred during the related Due Period, stated separately for each Pool; (xiii) the Available Remittance Amounts Interest Shortfall Carryforward Amounts, if any, for the each Class of Notes for such Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable amounts transferred to the Owner Trustee for deposit into the Certificate Distribution Account and distribution to each Class of Certificates with respect to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Principal Balance for each Pool after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount Amounts made on such Remittance Date; (xvi) the calculation of Excess Spread (in the Trigger Event, including the various components thereofaggregate and stated separately for each Pool); (xvii) the Cumulative Realized Losses, with respect to Spread Amount and the Specified Subordinated Amount for such Remittance Date, stated separately by Pool; (xviii) the amountamount of any Applied Realized Loss Amount, if any, by which the applicable Formula Distribution Realized Loss Amount exceeds the applicable Class Distribution and Unpaid Realized Loss Amount for such Remittance Dateeach Class; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium AccountAccounts, stated separately for each Pool; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f), stated separately with respect to each Pool; (xxi) the Class Pool Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate of the Loans for each Pool and the weighted average Weighted Average Class Adjusted Loan Remittance RatesRates for each Pool, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]the Class Remittance Rate for each Class of Notes with respect to the Remittance Date and if the Class Remittance Rate for any Class of Notes was based on the applicable Net Funds Cap, what it would have been if based on LIBOR plus the applicable Margin or the Auction Rate, as the case may be; (xxiv) the Spread Amount rate of LIBOR and the Specified Subordinated Amount for such Auction Rate with respect to the Remittance Date; (xxv) if the amount Remittance Rate for any Class of any Applied Realized Loss AmountNotes for such Remittance Date is based on the applicable Net Funds Cap, Realized Loss Amount and Unpaid Realized Loss Amount the Net Funds Cap and, for each Pool I, the Weighted Average Coupon Cap, for such Class as of Notes with respect to the close of such Remittance Date; (xxvi) if the Accelerated Principal Distribution Amount Remittance Rate for any Class of Notes for such Remittance Date is based on the applicable Net Funds Cap, the amount of any Noteholders' Interest Carryover for such Class for such Remittance Date; (xxvii) Reservedthe amount of the distribution, if any, allocable to Noteholders' Interest Carryover and the amount of any Noteholders' Interest Carryover for all prior Remittance Dates after giving effect to such distribution (in each case, stated separately by Class and in the aggregate); (xxviii) the amount to be deposited into number and Principal Balance of all Defaulted Loans purchased during the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i);Due Period, stated separately for each Pool; and (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such such other information as the Noteholders or Certificateholders Indenture Trustee may reasonably require. The Indenture Trustee shall forward such report to the Noteholders of the applicable Pool and the Owner Trustee on the Remittance Date, together together, if requested by a Noteholder, with a separate report indicating the amount of funds deposited in the each Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Indenture Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Indenture Trustee by the Servicer or the Claims Trust Administrator). To the extent that there are inconsistencies between the telecopy of the ServicerTrust Administrator's Certificate and the hard copy thereof, the Indenture Trustee shall be entitled to rely upon the telecopy. In the discretion of the Trust Administrator, in the case of certain information furnished pursuant to subclauses (ii), (viii) and (xiii) abovethe above provisions, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note Class per $1,000 25,000 original dollar amount as of the Cut-Off Date. Each month, not later than the third Business Day prior to the Determination Date occurring in such month, the Servicer shall deliver to the Trust Administrator the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit R (both in hard copy and in computer tape form). The Trust Administrator may rely fully upon and shall have no liability with respect to any such information provided to it by the Servicer. The Trust Administrator shall not be obligated to verify, recompute, reconcile or confirm any information contained in the Servicer's Monthly Computer Tape or otherwise provided by the Servicer. In making any payments or distributions required to be made by them pursuant to any of the provisions hereof, the Indenture Trustee shall make such payments and distributions based solely upon the information contained in the applicable Trust Administrator's Certificate or, if such information is not included in the applicable Trust Administrator's Certificate, upon written instructions of the Servicer or the Trust Administrator. The Indenture Trustee may rely fully upon and shall have no liability with respect to any such information provided to it by the Servicer or the Trust Administrator. The Indenture Trustee shall not be obligated to verify, recompute, reconcile or confirm any information contained in any Trust Administrator's Certificate or otherwise provided by the Trust Administrator or the Servicer. (a) Within a reasonable period of time after the end of each calendar year, the Servicer Trust Administrator shall furnish to the Indenture Trustee for distribution to each Person who at any time during the calendar year was a Noteholder of the applicable Pool the amount of interest and principal distributed with respect to each Class A, Class M and Class B Noteholder of Notes plus such other customary information as is reasonably the Trust Administrator determines to be necessary and/or required by the Internal Revenue Service to provide enable the Noteholders to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xix) and (xxxv), above, aggregated prepare their tax returns for such calendar year or applicable portion thereof during which such Person was a Noteholderyear. Such obligation of the Servicer Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer Trust Administrator pursuant to any requirements of the Code as from time to time are in force. (b) On each Remittance Date, the Indenture Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP InterestCertificateholders, a copy of the report forwarded to the Noteholder Noteholders of each Pool in respect of such Remittance Date Date, as the case may be, and a statement statement, prepared by the Servicer or the Trust Administrator, setting forth the amounts actually distributed to the Holder of the GP Interest, Certificateholders on such Remittance Date together with such other information as the Servicer or Trust Administrator provides and deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer Trust Administrator shall furnish to the Indenture Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP InterestCertificateholder, as applicable. Such obligation of the Servicer Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer Trust Administrator pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes. (e) The Servicer shall furnish to each Noteholder during the term of this Agreement, such periodic, special, or other reports or information, whether or not provided for herein, as shall be necessary, reasonable, or appropriate with respect to the Noteholder, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions as the Noteholder may reasonably require; provided, that the Servicer shall be entitled to be reimbursed by such Noteholder for the Servicer's actual expenses incurred in providing such reports if such reports are not producible in the ordinary course of the Servicer's business.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Money Store Commercial Mortgage Inc)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on information provided to it by the Determination DateServicer, the Trustee shall make available to each Holder of the Regular Certificates, the Seller, the Servicer shall deliver and the Rating Agencies, a statement (the "Distribution Date Statement") as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Pro Rata Senior Percentage, Senior Percentage, Senior Prepayment Percentage and Subordinate Percentage for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and Principal Balances the Bankruptcy Loss Coverage Amount, each as of all Loans which were the subject of Principal Prepayments during the Due Periodrelated Determination Date; (vii) the amount Pool Balance and Net WAC at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) the aggregate amount Principal Balance of all Excess Payments and the amounts Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) the amount number, weighted average remaining term to maturity and weighted average Loan Rate of interest received on the LoansMortgage Loans as of the related Due Date; (x) the amount number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the Monthly Advances to be made Close of Business on the Determination Date, the portion last day of the Monthly Advances to be deposited in the Note calendar month preceding such Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date; (xi) the delinquency book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and foreclosure information set forth in cumulative principal balance of all REO Properties as of the form attached hereto as Exhibit LClose of Business of the last day of the preceding Due Period; (xii) the aggregate amount of any Principal Prepayments made during the related Prepayment Period; (xiii) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) Period and the Available Remittance Amounts for the Remittance Date, in the aggregate and by componentcumulative amount of Realized Losses; (xiv) the Reimbursable Amounts Class Certificate Principal Balance of each Class of Certificates (other than the Class X Certificates) and the GP Remittance Amount payable with respect Class X Certificate Notional Balance of the Class X Certificates, after giving effect to the Remittance any distributions made thereon, on such Distribution Date; (xv) the Class Principal Balance for Interest Distributable Amount in respect of each Class of Class Athe Certificates, Class M and Class B Notes for such Distribution Date and the Pool Balance after giving effect to respective portions thereof, if any, remaining unpaid following the distribution to be distributions made on the Remittance Date and after allocation in respect of the Applied Realized Loss Amount made such Certificates on such Remittance Distribution Date; (xvi) the calculation aggregate amount of any Prepayment Interest Shortfalls and the Trigger EventUnpaid Interest Shortfall Amount for such Distribution Date, including to the various components thereofextent not covered by payments by the Servicer pursuant to Section 3.24 hereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance DateAvailable Funds; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Pass-Through Rate for each Class Distribution Amount of Certificates for such Remittance Distribution Date;; and (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount aggregate Principal Balance of all payments and reimbursements to Mortgage Loans purchased by the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) or the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received Seller during the related Due Period; , and indicating the Section of this Agreement requiring or allowing the purchase of each such Mortgage Loan. The Trustee will make the Distribution Date Statement (xxxand, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Reserve Amount for other parties to this Agreement via the related Remittance Date; Trustee's internet website and will forward the Distribution Date Statement to each Rating Agency. The Trustee's internet website shall initially be located at "▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (xxxi▇▇▇) claims filed during ▇▇▇-▇▇▇▇. Parties that are unable to use the Due Period; (xxxii) claims paid during above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requirecustomer service desk and requesting same. The Trustee shall forward have the right to change the way Distribution Date Statements are distributed in order to make such report distribution more convenient and/or more accessible to the Noteholders above parties and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to all the above parties regarding any such changes. The Trustee's obligations pursuant to this Section 4.04 are limited to the extent of its receipt of all necessary information from the Servicer. The Trustee may fully rely upon and shall have no liability with respect to information provided by the telecopyServicer. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. In addition, certain additional information as agreed upon by the Servicer will be provided by the Trustee to a Certificateholder upon the request of such Certificateholder. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force.Inc. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes[Reserved].

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Seller, the Master Servicer and the Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer and the Servicers (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Group 1 Subordinate Percentage, Group 2 Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by each Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period[reserved]; (vii) the amount Loan Group Balance and related Net WAC and applicable Net WAC Cap for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments the One-Month LIBOR Indexed Mortgage Loans and the amounts COFI Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) the amount of interest received on the LoansReserved; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination DateReserved; (xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates; (xvi) the calculation Class Certificate Principal Balance or Class Certificate Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group; (xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the related Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period[reserved; (xxiii) [Reserved]current Recoveries allocable to each Loan Group; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Datecumulative Recoveries allocable to each Loan Group; (xxv) the amount of any Applied Realized Loss AmountBasis Risk Shortfall, Realized Loss Amount if any, and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Daterelated accrued interest thereon; (xxvi) for each Loan Group, the Accelerated Principal Distribution Amount amount of Deferred Interest and Net Deferred Interest, if any, for such Remittance DateLoan Group; (xxvii) Reserved;payments made under the Yield Maintenance Agreement, if any; and (xxviii) the amount of Net Deferred Interest, if any, added to be deposited into the FHA Premium Account on Class Certificate Principal Balance of the related Remittance Certificates. The Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the amount reimbursable other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2005-7)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on information provided to it by the Determination DateServicer, the Certificate Administrator shall prepare and make available to each Holder of the Regular Certificates, the Servicer shall deliver and the Rating Agencies, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class AP Certificates) allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified; (iii) the Principal Distribution Amounts for Pool Balance at the Close of Business at the end of the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B NotesDue Period; (iv) the Interest Shortfall Carryforward Amounts number, aggregate principal balance, and Realized Loss Amounts for weighted average Mortgage Rate of the Mortgage Loans as of the related Remittance Determination Date (by Class and in the aggregate)number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period; (v) the Available Maximum Subordination Amount for the related Remittance Datenumber and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and (C) REO Properties; (vi) the number and Principal Balances of all Loans which were the subject aggregate amount of Principal Prepayments made during the Due related Prepayment Period; (vii) the aggregate amount of all Curtailments which were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses; (viii) the aggregate amount Certificate Principal Balance of all Excess Payments the Class A-1 Certificates, the Mezzanine Certificates and the amounts of Monthly Payments in respect of principal received during Class O Certificates, after giving effect to the Due Perioddistributions made on such Distribution Date; (ix) the amount of interest received on Unpaid Interest Shortfall Amount, if any, with respect to the LoansClass A-1 Certificates, the Mezzanine Certificates and the Class AIO Certificates for such Distribution Date; (x) the aggregate amount of the Monthly Advances to be made on the Determination any Prepayment Interest Shortfalls for such Distribution Date, to the portion of extent not covered by payments by the Monthly Advances to be deposited in the Note Distribution Account Servicer pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date3.25; (xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LCredit Enhancement Percentage for such Distribution Date; (xii) the Available Funds Cap Carryforward Amount for the Class A-1 Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount of any Realized Losses incurred during the related Due Period;remaining unpaid after reimbursements therefor on such Distribution Date; and (xiii) the Available Remittance Amounts for respective REMIC Pass-Through Rates applicable to the Remittance DateClass A-1 Certificates, in the aggregate and by component; (xiv) the Reimbursable Amounts Mezzanine Certificates and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date; (xvi) the calculation of the Trigger Event, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount AIO Certificates for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable REMIC Pass-Through Rate applicable to the Servicer from Class A-1 Certificates and the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount Mezzanine Certificates for the related Remittance immediately succeeding Distribution Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Closing Date. The Certificate Administrator may, in the absence of manifest error, conclusively rely upon the Determination Date Report of the Servicer in its preparation of the statement to Certificateholders pursuant to this Section 4.03. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Certificate Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Certificate Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee Certificate Administrator shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Certificate Administrator deems necessary or appropriate. (cd) Within a reasonable period of time after the end of each calendar year, the Servicer Certificate Administrator shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP InterestResidual Certificateholder. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Certificate Administrator pursuant to any requirements of the Code as from time to time in force. (de) Upon reasonable advance notice in writingNo later than noon on the Business Day prior to each Distribution Date, the Servicer will provide Certificate Administrator shall forward, by facsimile transmission, the statement prepared pursuant to paragraph (a) of this Section 4.03, together with all other information reasonably necessary to make the distributions pursuant to Section 4.01 of this Agreement, to the Trustee. On each Distribution Date, the Trustee shall forward by mail to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access Certificateholder the statement prepared pursuant to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations paragraph (a) of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notesthis Section 4.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Novastar Mortgage Funding Corp)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer Master Servicer, the Trustee shall deliver prepare and forward by mail to each Holder of the Regular Certificates, the Master Servicer, the Certificate Insurer and the Rating Agencies, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Class A Certificates, separately identified, allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class AA Certificates allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified; (iii) the Principal Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Amounts Date for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M A Certificates and Class B Notesthe General Excess Available Amount for each related Loan Group for such Distribution Date; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Master Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns and, separately identified, the amount of compensation paid to the Special Servicer; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period; (vi) the number Pool Principal Balance and Principal Balances the Loan Group Balance for each Loan Group at the Close of all Loans which were Business at the subject end of Principal Prepayments during the related Due Period; (vii) the amount number, weighted average remaining term to maturity and weighted average Mortgage Rate of all Curtailments which were received during the Mortgage Loans as of the related Due PeriodDate; (viii) separately stated for each Loan Group, the number and aggregate amount unpaid principal balance of all Excess Payments Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the amounts Close of Monthly Payments in respect Business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date; (ix) with respect to any Mortgage Loan that became an REO Property during the amount preceding calendar month, the loan number of interest received on such Mortgage Loan, the LoansPrincipal Balance of such Mortgage Loan as of the date it became an REO Property; (x) the amount book value of any REO Property as of the Monthly Advances to be made Close of Business on the Determination last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the portion total number and cumulative principal balance of all REO Properties as of the Monthly Advances to be deposited in Close of Business of the Note Distribution Account pursuant to Section 7.01(a)(ii), and last day of the Compensating Interest payment to be made on the Determination Datepreceding due period; (xi) the delinquency and foreclosure information set forth in aggregate amount of Principal Prepayments made during the form attached hereto as Exhibit Lrelated Prepayment Period; (xii) the aggregate amount of any Realized Losses incurred during the related Due PeriodPeriod and the cumulative amount of Realized Losses; (xiii) the Available Remittance Amounts aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for the Remittance such Distribution Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect Class Certificate Principal Balance of each Class of Class A Certificates, after giving effect to the Remittance distributions made on such Distribution Date; (xv) the Class Principal Balance for Interest Distributable Amount in respect of each Class of Class A, Class M and Class B Notes A Certificates for such Distribution Date and the Pool Balance after giving effect to respective portions thereof, if any, remaining unpaid following the distribution to be distributions made on the Remittance Date and after allocation in respect of the Applied Realized Loss Amount made such Certificates on such Remittance Distribution Date; (xvi) the calculation aggregate amount of any Prepayment Interest Shortfalls and the Trigger EventUnpaid Interest Shortfall Amount for such Distribution Date, including to the various components thereofextent not covered by payments by the Master Servicer pursuant to Section 3.26; (xvii) the Cumulative Realized Losses, with respect aggregate Premium Amount to be paid to the Remittance DateCertificate Insurer; (xviii) the amountGroup II Available Funds Cap Carryover Amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited any Overcollateralization Deficiency Amount after giving effect to the Expense Account and the FHA Premium Accountdistribution of principal on such Distribution Date; (xx) whether the amount Step Down Cumulative Loss Test, Step Down Rolling Delinquency Test, Step Down Rolling Loss Test, Step Up Cumulative Loss Test, Step Up Rolling Delinquency Test, Step Up Rolling Loss Test and/or Step Up Spread Squeeze Test have been met, the cumulative realized losses with respect to each Loan Group, as a percentage of all payments the original Loan Group Balance, the Delinquency Percentage and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Annual Loss Percentage; (xxi) the Class Factor for Available Funds with respect to each Class determined using the balances in subclause (xv) aboveLoan Group; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Pass-Through Rate for the prior three month periodClass A-2 Certificates for such Distribution Date; (xxiii) [Reserved]the Liquidation Report for such Distribution Date; (xxiv) the Spread Amount aggregate Principal Balance of Mortgage Loans purchased by the Master Servicer, Special Servicer or Seller during the related Due Period and indicating the Specified Subordinated Amount for Section of this Agreement requiring or allowing the purchase of each such Remittance DateMortgage Loan; (xxv) the aggregate amount representing (a) collections of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as Prepayment Premiums during the related Prepayment Period to be distributed to Holders of the close of Class P Certificates and (b) any amounts distributable as principal to such Remittance Holders, on such Distribution Date;; and (xxvi) the Accelerated Principal Distribution X-1 Component Distributable Amount and X-2 Component Distributable Amount for such Remittance Date; Distribution Date and (xxvii) Reserved; (xxviiia) the amount to be deposited into the FHA Premium Account portion thereof distributed on the related Remittance current Distribution Date and the portion thereof remaining unpaid on such Distribution Date, (b) any such amount reimbursable for any prior Distribution Date distributed on the current Distribution Date and (c) any such amount for any prior Distribution Date remaining unpaid after giving effect to the Servicer from distributions on the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance current Distribution Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require, separately stated. The Trustee shall forward such report concurrently with each distribution to the Noteholders Certificateholders, the Certificate Insurer (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: Surveillance Department) and the Owner Trustee Rating Agencies on the Remittance related Distribution Date, together with a separate report indicating . The Trustee may also make such reports available each month to each party referred to in this paragraph via the amount of funds deposited in the Note Distribution Account Trustee's website. The Trustee's website can be accessed at ▇▇▇▇://▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/invr. The Trustee's obligations pursuant to this Section 7.01(a)(iv); and the amounts which 4.03 are reimbursable limited to the Servicer or extent of its receipt of all necessary information from the Representative, as appropriate, pursuant Master Servicer. The Trustee may fully rely upon and shall have no liability with respect to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared information provided by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Master Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), i) through (viii) and (xiiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Class R Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Trustee deems necessary or appropriate. (cd) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP InterestClass R Certificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (United Panam Financial Corp)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on the Determination DateMortgage Loan information contained in the Remittance Report, the Servicer Trustee shall deliver prepare and post on its website at ▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal, separately identified; (ii) the Class Principal Balances for each Class of Class Aapplicable Record Date, Class M accrual date and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notes; (iii) the Principal amount of the distribution made on such Distribution Amounts for Date to the related Remittance Date, in the aggregate and listed separately for the portions relating to Holders of each Class of Certificates allocable to interest or Class ACE Distributable Amount, Class M and Class B Notesseparately identified; (iv) the Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Targeted Overcollateralization Amount as of such Distribution Date and the Monthly Excess Interest Shortfall Carryforward Amounts Amount and Realized Loss Amounts Monthly Excess Cashflow Amount for the related Remittance Date (by Class and in the aggregate)such Distribution Date; (v) the Available Maximum Subordination Amount for aggregate amount of servicing compensation received by the Servicer during the related Remittance DateCollection Period; (vi) the number and Principal Balances aggregate amount of all Loans which were Advances for the subject of Principal Prepayments during the Due related Collection Period; (vii) the amount Pool Balance at the close of all Curtailments which were received during business at the Due end of the related Collection Period; (viii) the aggregate amount number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of all Excess Payments and the amounts Mortgage Loans as of Monthly Payments in respect of principal received during the related Due PeriodDate; (ix) the amount number and aggregate unpaid principal balance of interest received Mortgage Loans (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the close of business on the Loanslast day of the calendar month preceding such Distribution Date; (x) with respect to any Mortgage Loan that became an REO Property during the amount preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Datedate it became an REO Property; (xi) the delinquency book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and foreclosure information set forth in cumulative principal balance of all REO Properties as of the form attached hereto as Exhibit Lclose of business of the last day of the preceding Collection Period; (xii) the aggregate amount of any Principal Prepayments made during the related Prepayment Period; 101 (xiii) the aggregate amount of prepayment penalties collected (including amounts deposited in connection with the full or partial waiver of such prepayment penalties pursuant to Section 3.01) during the related Collection Period and the amounts thereof allocable to the Class P Certificates; (xiv) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts Collection Period and the GP Remittance Amount payable with respect to the Remittance Datecumulative amount of Realized Losses; (xv) the Class Principal Balance for each Class of Class Aany material modifications, Class M and Class B Notes and the Pool Balance after giving effect extensions or waivers to the distribution to be made on the Remittance Date and after allocation terms, fees, penalties or payments of the Applied Realized Loss Amount made on such Remittance Daterelated Mortgage Loans; (xvi) the calculation Certificate Principal Balance, or Notional Amount, as applicable, of each Class of Certificates, after giving effect to the Trigger Eventdistributions, including the various components thereofand allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Accrued Certificate Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viii) and (xiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per $1,000 original dollar amount as of the Cut-Off Date. (a) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class A, Class M and Class B Noteholder such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xix) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a Noteholder. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.Certificates for such Distribution Date, separately identifying the portions thereof attributable to Net WAC Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xviii) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Servicer pursuant to Section 3.23; (xix) the amount of any Net Swap Payments or Swap Termination Payments paid or received by the Supplemental Interest Trust pursuant to the Swap Agreement and the amount of any Defaulted Swap Termination Payments paid by the Supplemental Interest Trust; (xx) [Reserved]; (xxi) the amount of the Trustee Fee paid; (xxii) the Net WAC Carryover Amounts distributed on such Distribution Date; (xxiii) any Overcollateralization Deficiency after giving effect to the distribution of principal on such Distribution Date; (xxiv) whether a Trigger Event has occurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance; (xxv) the Available Funds; (xxvi) the rate at which interest accrues for each Class of Certificates for such Distribution Date; (xxvii) the Liquidation Report for such Distribution Date; (xxviii) the aggregate Principal Balance of Mortgage Loans purchased by the Servicer or Seller during the related Collection Period and indicating the Section of this Agreement requiring or allowing the purchase of each such Mortgage Loan;

Appears in 1 contract

Sources: Pooling and Servicing Agreement (C-Bass Mortgage Loan Asset-Backed Series 2006-Cb4)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on information provided to it by the Determination DateServicer, the Certificate Administrator shall prepare and make available to each Holder of the Regular Certificates, the Swap Counterparties, the Servicer shall deliver and the Rating Agencies, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class AP Certificates) allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified; (iii) the Principal Distribution Amounts for Pool Balance at the Close of Business at the end of the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B NotesDue Period; (iv) the Interest Shortfall Carryforward Amounts number, aggregate principal balance, and Realized Loss Amounts for weighted average Mortgage Rate of the Mortgage Loans as of the related Remittance Determination Date (by Class and in the aggregate)number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period; (v) the Available Maximum Subordination Amount for the related Remittance Datenumber and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and (C) REO Properties; (vi) the number and Principal Balances of all Loans which were the subject aggregate amount of Principal Prepayments made during the Due related Prepayment Period; (vii) the aggregate amount of all Curtailments which were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses; (viii) the aggregate amount Certificate Principal Balance of all Excess Payments each class of the Class A Certificates, each class of the Mezzanine Certificates, the Class B Certificates and the amounts of Monthly Payments in respect of principal received during Class O Certificates, after giving effect to the Due Perioddistributions made on such Distribution Date; (ix) the amount Unpaid Interest Shortfall Amount, if any, with respect to each class of interest received on the LoansClass A Certificates, each class of the Mezzanine Certificates, the Class B Certificates and the Class AIO Certificates for such Distribution Date; (x) the aggregate amount of the Monthly Advances to be made on the Determination any Prepayment Interest Shortfalls for such Distribution Date, to the portion of extent not covered by payments by the Monthly Advances to be deposited in the Note Distribution Account Servicer pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date3.25; (xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LCredit Enhancement Percentage for such Distribution Date; (xii) the Available Funds Cap Carryforward Amount for each class of the Class A Certificates, each class of the Mezzanine Certificates and the Class B Certificates, if any, for such Distribution Date and the amount of any Realized Losses incurred during the related Due Periodremaining unpaid after reimbursements therefor on such Distribution Date; (xiii) the Available Remittance Amounts respective REMIC Pass-Through Rates applicable to each class of the Class A Certificates, each class of the Mezzanine Certificates, the Class B Certificates, and the Class AIO Certificates for such Distribution Date and the REMIC Pass-Through Rate applicable to each class of the Class A Certificates, each class of the Mezzanine Certificates and the Class B Certificates for the Remittance immediately succeeding Distribution Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Supplemental Interest Payment for each Class on such Distribution Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and difference between the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date; (xvi) the calculation of the Trigger Event, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Swap Notional Amount and the Specified Subordinated Amount for such Remittance Date; Underwritten Certificates (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable Class B Certificate if held by an entity unrelated to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxixSeller) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Principal Balance on such Distribution Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Closing Date. The Certificate Administrator may, in the absence of manifest error, conclusively rely upon the Determination Date Report of the Servicer in its preparation of the statement to Certificateholders pursuant to this Section 4.03. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Certificate Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Noteholder. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.a

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Novastar Mortgage Funding Trust Series 2002-1)

Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based solely, as applicable, on information provided to it by the Servicer in its Determination DateDate Report. The Trustee shall prepare and make available to each Holder of the Regular Certificates, the Swap Counterparties, the Servicer shall deliver and the Rating Agencies, a statement as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class AP Certificates) allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified; (iii) the Principal Distribution Amounts for Pool Balance of the Group IA Mortgage Loans, the Group IB Mortgage Loans, the Group II Mortgage Loans and the Group III Mortgage Loans at the Close of Business at the end of the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B NotesDue Period; (iv) the Interest Shortfall Carryforward Amounts number, aggregate principal balance, and Realized Loss Amounts for weighted average Mortgage Rate of the Mortgage Loans as of the related Remittance Determination Date (by Class and in the aggregate)number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period; (v) the Available Maximum Subordination Amount for the related Remittance Datenumber and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and (C) REO Properties; (vi) the number and Principal Balances of all Loans which were the subject aggregate amount of Principal Prepayments made during the Due related Prepayment Period; (vii) the aggregate amount of all Curtailments which were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses; (viii) the aggregate amount Certificate Principal Balance of all Excess Payments each class of the Class A Certificates, each class of the Mezzanine Certificates, each class of the Class B Certificates and the amounts of Monthly Payments in respect of principal received during Class O Certificates, after giving effect to the Due Perioddistributions made on such Distribution Date; (ix) the amount Unpaid Interest Shortfall Amount, if any, with respect to each class of interest received on the LoansClass A Certificates, each class of the Mezzanine Certificates and each class of Class B Certificates for such Distribution Date; (x) the aggregate amount of the Monthly Advances to be made on the Determination any Prepayment Interest Shortfalls for such Distribution Date, to the portion of extent not covered by payments by the Monthly Advances to be deposited in the Note Distribution Account Servicer pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date3.25; (xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LCredit Enhancement Percentage for such Distribution Date; (xii) the Available Funds Cap Carryforward Amount for each class of the Class A Certificates, each class of the Mezzanine Certificates and each class of the Class B Certificates if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xiii) the respective Pass-Through Rates applicable to each class of the Class A Certificates, each class of the Mezzanine Certificates and the Class B Certificates for such Distribution Date and the Pass-Through Rate applicable to each class of the Class A Certificates, each class of the Mezzanine Certificates and each class of the Class B Certificates for the immediately succeeding Distribution Date; (xiv) the Supplemental Interest Payment for each Class on such Distribution Date; (xv) the difference between (x) the aggregate notional amount of any Realized Losses incurred the Swap Agreements and (y) the aggregate Certificate Principal Balance of the Underwritten Certificates on such Distribution Date; (xvi) the Required Overcollateralization Amount for such Distribution Date; (xvii) the Excess Cashflow for such Distribution Date; (xviii) the aggregate amount of Scheduled Principal Payments made during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date; (xvi) the calculation of the Trigger Event, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, aggregate amount of Principal Prepayments made during the Contingency Fees and amounts to be deposited to related Due Period in which the Expense Account and related Mortgagor paid the FHA Premium Accountrelated Mortgage Loan in full; (xx) the aggregate amount of all payments and reimbursements to Principal Prepayments in part made during the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)related Prepayment Period; (xxi) the Class Factor number and the aggregate principal balance of all Liquidated Mortgage Loans for each Class determined using the balances in subclause (xv) above;related Prepayment Period; and (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the aggregate amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments Net Liquidation Proceeds received during the related Due Prepayment Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Closing Date. The Trustee may, in the absence of manifest error, conclusively rely upon the Determination Date Report of the Servicer in its preparation of the statement to Certificateholders pursuant to this Section 4.03. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and Trustee deems necessary or appropriate. (cd) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP InterestResidual Certificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force. (de) Upon reasonable advance On each Distribution Date, the Trustee shall post on its website at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇\sfr, which posting shall be accessible to each Certificateholder and the Swap Counterparty, the statement prepared pursuant to paragraph (a) of this Section 4.03. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at ▇-▇▇▇-▇▇▇-▇▇▇▇. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by providing a written request of such to the Trustee at is Corporate Trust office. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Trustee shall not have any responsibility to (i) verify information provided by the Servicer to be included in such statement or (ii) include any information required to be included in such statement if the Servicer has failed to timely produce such information to the Trustee, as required pursuant hereto. (f) No later than noon on the second Business Day prior to each Distribution Date, the Trustee will verify that no Notional Amount Test Event is scheduled to occur on the related Distribution Date. In the event a Notional Amount Test Event would otherwise occur on the related Distribution Date, the Trustee will immediately provide notice in writingthe form of Exhibit J to the appropriate NovaStar entity and assign in $10,000,000 increments a portion of the related notional amount from the affected Swap Agreement on the day immediately preceding that Distribution Date until no Notional Amount Test Event will occur on the related Distribution Date. The Trustee shall assign the applicable notional amount from the Swap Agreement with the earliest maturity. In the event that two or more Swap Agreements have the same maturity date, which date is the earliest maturity date of the outstanding Swap Agreements, the Servicer Trustee shall assign the applicable notional amounts from the Swap Agreement with the lowest fixed rate. Once such notional amounts have been assigned back to the appropriate NovaStar entity, the related Swap Counterparty will provide to each Class Ahave no obligation to, Class M and Class B Noteholder which is a savings and loan associationnor interest in, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities Trust with respect to investment such notional amounts. Furthermore, no distributions will be made from the Supplemental Interest Trust to the related Swap Counterparty in respect of notional amounts assigned under this Section 4.03 (f). In no event shall the Class A, Class M and Class B NotesTrustee allow a Notional Amount Test Event to occur on any Distribution Date.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Novastar Mortgage Funding Trust Series 2004-1)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Trustee shall make available to each Certificateholder, the Seller, and each Rating Agency, a statement based, as applicable, on loan-level information obtained from and the Servicer shall deliver (the “Distribution Date Statement”) as to the Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number Pool Collateral Balance and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due PeriodLoan Group Collateral Balance for such Distribution Date; (vii) the amount Loan Group Balance and related Net WAC for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments the One-Year LIBOR, Six-Month LIBOR and One-Year CMT Indexed Mortgage Loans at the amounts Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) the amount of interest received on the Loans[Reserved]; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date[Reserved]; (xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month, in each case, using the MBA method; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates or Principal-Only Components; (xvi) the calculation Class Principal Balance or Class Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesMonthly Interest Distributable Amount and the Interest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group; (xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan; (xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i); (xxiii) [Reserved];current Recoveries allocable to each Loan Group; and (xxiv) cumulative Recoveries allocable to each Loan Group; The Trustee shall make the Spread Amount Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Specified Subordinated Amount for such Remittance Date; other parties to this Agreement via the Trustee’s Internet website. The Trustee’s Internet website shall initially be located at “▇▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/invr.” Assistance in using the website can be obtained by calling the Trustee customer service desk at (xxv▇▇▇) ▇▇▇-▇▇▇▇ . Parties that are unable to use the amount of any Applied Realized Loss Amount, Realized Loss Amount above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably requireindicating such. The Trustee shall forward have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime. (bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatemonthly basis. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Pooling Agreement (Harborview 2006-3)

Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Seller, the Master Servicer and the Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer and the Servicers (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest; (iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by each Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances; (vi) the number Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and Principal Balances the Bankruptcy Loss Coverage Amount, each as of all Loans which were the subject of Principal Prepayments during the Due Periodrelated Determination Date; (vii) the amount Loan Group Balance and related Net WAC for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period; (viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Year CMT Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period; (ix) for each Loan Group, the amount aggregate Principal Balance of interest received on the LoansOne-Month LIBOR Indexed, Six-Month LIBOR Indexed and One-Year LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (x) the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date[reserved]; (xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date; (xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of any Principal Prepayments and Prepayment Penalty Amounts with respect to each Loan Group made during the related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts Period and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance for each Class cumulative amount of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateLosses; (xvi) the calculation Class Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date; (xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date; (xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date; (xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group; (xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date; (xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the related Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan; (xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i); (xxiii) [Reserved];current Recoveries allocable to each Loan Group; and (xxiv) cumulative Recoveries allocable to each Loan Group. The Securities Administrator will make the Spread Amount Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Specified Subordinated Amount for other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such Remittance Date; (xxv) reports are distributed in order to make such distribution more convenient and/or more accessible to the amount of any Applied Realized Loss Amountparties, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable Securities Administrator shall provide timely and adequate notification to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward all parties regarding any such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. (ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriatetime. (c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Holder of the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in forcemonthly basis. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

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Sources: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2004-5)