Transferor. By: ------------------------------- Name: Title: EXHIBIT M FORM OF CERTIFICATION WITH RESPECT TO ERISA AND THE CODE _____________, 20__ Financial Asset Securities Corp. Deutsche Bank National Trust Company 000 Xxxxxxxxx Xxxx 0000 Xxxx Xx. Xxxxxx Xxxxx Greenwich, Connecticut 06830 Xxxxx Xxx, Xxxxxxxxxx 00000-0000 Re: Finance America Mortgage Loan Trust 2004-2, Asset-Backed Certificates Series 2004-2 Dear Sirs: _______________________ (the "Transferee") intends to acquire from _____________________ (the "Transferor") $____________ Initial Certificate Principal Balance Finance America Mortgage Loan Trust 2004-2, Asset-Backed Certificates Series 2004-2, Class [C][P][R] (the "Certificates"), issued pursuant to a Pooling and Servicing Agreement (the "Pooling and Servicing Agreement") dated as of August 1, 2004 among Financial Asset Securities Corp. as depositor (the "Depositor"), HomEq Servicing Corporation as servicer (the "Servicer") and Deutsche Bank National Trust Company as trustee (the "Trustee"). Capitalized terms used herein and not otherwise defined shall have the meanings assigned thereto in the Pooling and Servicing Agreement. The Transferee hereby certifies, represents and warrants to, and covenants with the Depositor, the Trustee and the Servicer the following: The Certificates (i) are not being acquired by, and will not be transferred to, any employee benefit plan within the meaning of section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), or other retirement arrangement, including individual retirement accounts and annuities, Xxxxx plans and bank collective investment funds and insurance company general or separate accounts in which such plans, accounts or arrangements are invested, that is subject to Section 406 of ERISA or Section 4975 of the Internal Revenue Code of 1986 (the "Code") (any of the foregoing, a "Plan"), (ii) are not being acquired with "plan assets" of a Plan within the meaning of the Department of Labor ("DOL") regulation, 29 C.F.R.ss.2510.3-101, and (iii) will not be transferred to any entity that is deemed to be investing in plan assets within the meaning of the DOL regulation at 29 X.X.X.xx. 2510.3-101. Very truly yours, [Transferee] By:_____________________________ Name: Title: EXHIBIT N-1 FORM CERTIFICATION TO BE PROVIDED BY THE DEPOSITOR WITH FORM 10-K Certification
Transferor a Person who Transfers all or any part of an Ownership Interest in compliance with this Agreement.
Transferor. Transferee:
Transferor. Signed, sealed and delivered by ) by Xxxx Xx ) for and on behalf of ) the Transferor pursuant to the Power of Attorney ) by Coinllectibles Private Limited ) In the presence of ) ) Name: Xx Xxx Xxxx
Transferor. For purposes of Section 2.5 and Article XIV, (a) a Person, acting in its capacity as principal, that transfers Mortgage Loans to the Issuer for securitization in exchange for cash or Certificates, or a combination of cash and Certificates; or (b) in the case of a Pool of PFP Loans, the Issuer. This definition of Transferor will be interpreted in a manner consistent with the requirements of GAAP and any other relevant authoritative accounting literature, as such requirements are applicable from time to time.
Transferor. Signed, sealed and delivered by ) by Xxx Xxx Xxxxxx ) for and on behalf of ) the Transferor pursuant to the Power of Attorney ) by Coinllectibles Limited )
Transferor is not a foreign person or foreign corporation, foreign partnership, foreign trust (as those terms are defined in the Internal Revenue Code);
Transferor. The Depositor, or any such permitted holder of the Ownership Interest. Trigger Event: Will be in effect on any Payment Date on or after the Stepdown Date on which either (i) the Two Payment-Plus Rolling Average for such Payment Date equals or exceeds 11.50%, or (ii) the Cumulative Loss Percentage for such Payment Date exceeds the Cumulative Loss Percentage Trigger for such Payment Date.
Transferor. By: ---------------------------------------- Name: -------------------------------------- Title: -------------------------------------
Transferor. A Limited Partner who Transfers Units pursuant to Article 11.
