Common use of Yield Maintenance Account and Yield Maintenance Agreement Clause in Contracts

Yield Maintenance Account and Yield Maintenance Agreement. The Trustee is hereby directed to execute the Yield Maintenance Agreement on behalf of the Trust Fund. Amounts payable by the Trust Fund on the Closing Date pursuant to the Yield Maintenance Agreement shall be paid by the Seller. The Trustee in its individual capacity shall have no responsibility for any of the undertakings, agreements or representations with respect to the Yield Maintenance Agreement, including, without limitation, for making any payments thereunder. The Trustee shall establish and maintain in the name of the Trustee, for the benefit of the Class A, Class M-1, Class M-2, Class M-3, Class M-4, Class M-5, Class M-6 and Class M-7 Certificateholders, the Yield Maintenance Account as a segregated trust account. The Yield Maintenance Account constitutes an "outside reserve fund" within the meaning of Treasury Regulation ss. 1.860G-2(h) and is not an asset of the REMICs. The Class B-IO Certificateholders shall be the owners of the Yield Maintenance Account, and for all federal tax purposes, amounts transferred by the REMICs to the Yield Maintenance Account shall be treated as amounts distributed by the REMICs to the Class B-IO Certificateholders. The Trustee shall keep records that accurately reflect the funds on deposit in the Yield Maintenance Account. The Trustee will invest funds deposited in the Yield Maintenance Account as directed by the Class B-IO Certificateholders in writing in Permitted Investments with a maturity date (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Trustee or an Affiliate of the Trustee manages or advises such investment, or (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Trustee or an Affiliate of the Trustee manages or advises such investment. If no written direction with respect to such investment shall be received by the Trustee from the Class B-IO Certificateholders, then funds in such Account shall remain uninvested. All income and gain realized from investment of funds deposited in the Yield Maintenance Account shall be for the sole and exclusive benefit of the Class B-IO Certificateholders and shall be remitted by the Trustee to the Class B-IO Certificateholders no later than the first Business Day following receipt of such income and gain by the Trustee. The Class B-IO Certificateholders shall deposit in the Yield Maintenance Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. Any payments under the Yield Maintenance Agreement received by the Trustee shall be deposited by the Trustee into the Yield Maintenance Account and distributed by the Trustee on the related Distribution Date as follows:

Yield Maintenance Account and Yield Maintenance Agreement. The Trustee is hereby directed to execute the each Yield Maintenance Agreement on behalf of the Trust Fund. Amounts payable by the Trust Fund on the Closing Date pursuant to the each Yield Maintenance Agreement shall be paid by the Seller. The Trustee in its individual capacity shall have no responsibility for any of the undertakings, agreements or representations with respect to the any Yield Maintenance Agreement, including, without limitation, for making any payments thereunder. The Trustee shall establish and maintain in the name of the Trustee, for the benefit of the Class A, Class M-1, Class M-2, Class M-3, Class M-4, Class M-5, Class M-6 M-2 and Class M-7 B Certificateholders, the Yield Maintenance Account as a segregated trust account. The Yield Maintenance Account constitutes an "outside reserve fund" within the meaning of Treasury Regulation ss. 1.860G-2(h) and is shall not constitute an asset of any REMIC hereunder. For federal income tax purposes, the REMICs. The Class B-IO Certificateholders shall be treated as the owners of the Yield Maintenance Account, and for all federal tax purposes, amounts transferred by the REMICs to the . Any Yield Maintenance Account shall be treated as amounts distributed by the REMICs to the Class B-IO Certificateholders. The Trustee shall keep records that accurately reflect the funds on deposit in the Yield Maintenance Account. The Trustee will invest funds deposited in the Yield Maintenance Account as directed by the Class B-IO Certificateholders in writing in Permitted Investments with a maturity date (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Trustee or an Affiliate of the Trustee manages or advises such investment, or (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Trustee or an Affiliate of the Trustee manages or advises such investment. If no written direction with respect to such investment shall be received by the Trustee from the Class B-IO Certificateholders, then funds in such Account shall remain uninvested. All income and gain realized from investment of funds deposited in the Yield Maintenance Account shall be for the sole and exclusive benefit of the Class B-IO Certificateholders and shall be remitted by the Trustee to the Class B-IO Certificateholders no later than the first Business Day following receipt of such income and gain by the Trustee. The Class B-IO Certificateholders shall deposit in the Yield Maintenance Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. Any payments under the Yield Maintenance Agreement Payments received by the Trustee shall be deposited by the Trustee into the Yield Maintenance Account and Account. On the Distribution Date immediately succeeding its receipt thereof, the Trustee shall distribute from each such Yield Maintenance Payment, to the related Class of Adjustable Rate Certificates, the Yield Maintenance Agreement Amount owed to such Class for such Distribution Date: On each Distribution Date following application of any Yield Maintenance Payments as described in the immediately preceding paragraph, any Excess Yield Maintenance Amount will be distributed by the Trustee on the related such Distribution Date as follows:in the manner set forth in Section 5.04(a)(iii) in accordance with the Remittance Report for such Distribution Date.

Yield Maintenance Account and Yield Maintenance Agreement. The Trustee is hereby directed to execute the Yield Maintenance Agreement on behalf of the Trust Fund. Amounts payable by the Trust Fund on the Closing Date pursuant to the Yield Maintenance Agreement shall be paid by the Seller. The Trustee in its individual capacity shall have no responsibility for any of the undertakings, agreements or representations with respect to the Yield Maintenance Agreement, including, without limitation, for making any payments thereunder. The Trustee shall establish and maintain in the name of the Trustee, for the benefit of the Class AA-1, Class M-1A-2, Class A-3, Claxx X-0, Xxxxx M-2, Class M-3, Class M-4, Class M-5, Class M-6 and Class M-7 Certificateholders, the Yield Maintenance Account as a segregated trust account. The Yield Maintenance Account constitutes an "outside reserve fund" within the meaning of Treasury Regulation ss. 1.860G-2(h) and is not an asset of the REMICs. The Class B-IO Certificateholders shall be the owners of the Yield Maintenance Account, and for all federal tax purposes, amounts transferred by the REMICs to the Yield Maintenance Account shall be treated as amounts distributed by the REMICs to the Class B-IO Certificateholders. The Trustee shall keep records that accurately reflect the funds on deposit in the Yield Maintenance Account. The Trustee will invest funds deposited in the Yield Maintenance Account as directed by the Class B-IO Certificateholders in writing in Permitted Investments with a maturity date (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Trustee or an Affiliate of the Trustee manages or advises such investment, or (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Trustee or an Affiliate of the Trustee manages or advises such investment. If no written direction with respect to such investment shall be received by the Trustee from the Class B-IO Certificateholders, then funds in such Account shall remain uninvested. All income and gain realized from investment of funds deposited in the Yield Maintenance Account shall be for the sole and exclusive benefit of the Class B-IO Certificateholders and shall be remitted by the Trustee to the Class B-IO Certificateholders no later than the first Business Day following receipt of such income and gain by the Trustee. The Class B-IO Certificateholders shall deposit in the Yield Maintenance Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. Any payments under the Yield Maintenance Agreement received by the Trustee shall be deposited by the Trustee into the Yield Maintenance Account and distributed by the Trustee on the related Distribution Date as follows:

Yield Maintenance Account and Yield Maintenance Agreement. The Trustee is hereby directed to execute the Yield Maintenance Agreement on behalf of the Trust Fund. Amounts payable by the Trust Fund on the Closing Date pursuant to the Yield Maintenance Agreement shall be paid by the Seller. The Trustee in its individual capacity shall have no responsibility for any of the undertakings, agreements or representations with respect to the Yield Maintenance Agreement, including, without limitation, for making any payments thereunder. The Trustee shall establish and maintain in the name of the Trustee, for the benefit of the Class AA-1, Class A-2, Class A-3, Class M-1, Class M-2, Class M-3, Class M-4, Class M-5Clxxx X-0, Class Xxxxx M-6 and Class M-7 Certificateholders, the Yield Maintenance Account as a segregated trust account. The Yield Maintenance Account constitutes an "outside reserve fund" within the meaning of Treasury Regulation ss. 1.860G-2(h) and is not an asset of the REMICs. The Class B-IO Certificateholders shall be the owners of the Yield Maintenance Account, and for all federal tax purposes, amounts transferred by the REMICs to the Yield Maintenance Account shall be treated as amounts distributed by the REMICs to the Class B-IO Certificateholders. The Trustee shall keep records that accurately reflect the funds on deposit in the Yield Maintenance Account. The Trustee will invest funds deposited in the Yield Maintenance Account as directed by the Class B-IO Certificateholders in writing in Permitted Investments with a maturity date (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Trustee or an Affiliate of the Trustee manages or advises such investment, or (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Trustee or an Affiliate of the Trustee manages or advises such investment. If no written direction with respect to such investment shall be received by the Trustee from the Class B-IO Certificateholders, then funds in such Account shall remain uninvested. All income and gain realized from investment of funds deposited in the Yield Maintenance Account shall be for the sole and exclusive benefit of the Class B-IO Certificateholders and shall be remitted by the Trustee to the Class B-IO Certificateholders no later than the first Business Day following receipt of such income and gain by the Trustee. The Class B-IO Certificateholders shall deposit in the Yield Maintenance Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. Any payments under the Yield Maintenance Agreement received by the Trustee shall be deposited by the Trustee into the Yield Maintenance Account and distributed by the Trustee on the related Distribution Date as follows:

Yield Maintenance Account and Yield Maintenance Agreement. The Trustee is hereby directed to execute the Yield Maintenance Agreement on behalf of the Trust Fund. Amounts payable by the Trust Fund on the Closing Date pursuant to the Yield Maintenance Agreement shall be paid by the Seller. The Trustee in its individual capacity shall have no responsibility for any of the undertakings, agreements or representations with respect to the Yield Maintenance Agreement, including, without limitation, for making any payments thereunder. The Trustee Paying Agent shall establish and maintain in the name of the TrusteePaying Agent, for the benefit of the Class AI-A-1, Class M-1I-A-2, Class M-2II-A-1, Class M-3, Class M-4, Class M-5, Class M-6 II-A-2 and Class M-7 II-A-3 Certificateholders, the Yield Maintenance Account as a segregated trust account. The Yield Maintenance Account constitutes an "outside reserve fund" within the meaning of Treasury Regulation ss. 1.860G-2(h) and is not an asset of the REMICs. The Class BI-IO X and Class II-X Certificateholders shall be the owners of the Yield Maintenance Account, and for all federal tax purposes, amounts transferred by the REMICs to the Yield Maintenance Account shall be treated as amounts distributed by the REMICs to the Class BI-IO X and Class II-X Certificateholders. The Trustee Paying Agent shall keep records that accurately reflect the funds on deposit in the Yield Maintenance Account. The Trustee Paying Agent will invest funds deposited in the Yield Maintenance Account as directed by the Class BI-IO X and Class II-X Certificateholders in writing in Permitted Investments with a maturity date (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account the Yield Maintenance Account pursuant to this Agreement, if a Person other than the Trustee Paying Agent or an Affiliate of the Trustee Paying Agent manages or advises such investmentPermitted Investment, or (ii) no later than the date on which such funds are required to be withdrawn from such account the Yield Maintenance Account pursuant to this Agreement, if the Trustee Paying Agent or an Affiliate of the Trustee Paying Agent manages or advises such investmentPermitted Investment. If no written direction with respect to such investment Permitted Investment shall be received by the Trustee Paying Agent from the Class BI-IO X and Class II-X Certificateholders, then funds in such the Yield Maintenance Account shall remain uninvested. All income and gain realized from investment of funds deposited in the Yield Maintenance Account shall be for the sole and exclusive benefit of the Class BI-IO X and Class II-X Certificateholders and shall be remitted by the Trustee Paying Agent pro rata to the Class BI-IO X and Class II-X Certificateholders no later than the first Business Day following receipt of such income and gain by the TrusteePaying Agent. The Class BI-IO X and Class II-X Certificateholders shall deposit in the Yield Maintenance Account their pro rata share of the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss loss, without any right of reimbursement therefor. Any payments under Yield Maintenance Payments made by the Yield Maintenance Provider pursuant to the Yield Maintenance Agreement received by the Trustee with respect to a Distribution Date shall be deposited by the Trustee Paying Agent into the Yield Maintenance Account and distributed by the Trustee Paying Agent on the related Distribution Date to the Class I-A-1, Class I-A-2, Class II-A-1, Class II-A-2 and Class II-A-3 Certificateholders, on a pro rata basis, in an amount equal to the lesser of the respective Class of Certificates' pro rata share of (1) the amount of such Yield Maintenance Payment made with respect to such Distribution Date, and (2) the Accrued Certificate Interest that the related Class of Certificates would have been entitled to receive on such Distribution Date had the applicable Pass-Through Rate on such Class of Certificates been calculated at One-Month LIBOR for the related Distribution Date plus the related Margin for the related Interest Accrual Period, to the extent that such Accrued Certificate Interest was not otherwise paid from Group I or Group II Available Funds, as follows:the case may be, on such Distribution Date to the related Class of Certificates.

Yield Maintenance Account and Yield Maintenance Agreement. The Trustee is hereby directed to execute the Yield Maintenance Agreement on behalf of the Trust Fund. Amounts payable by the Trust Fund on the Closing Date pursuant to the Yield Maintenance Agreement shall be paid by the Seller. The Trustee in its individual capacity shall have no responsibility for any of the undertakings, agreements or representations with respect to the Yield Maintenance Agreement, including, without limitation, for making any payments thereunder. The Trustee shall establish and maintain in the name of the Trustee, for the benefit of the Class A, Class M-1, Class M-2, Class M-3, Class M-4, Class M-5, Class M-6 A-1 and Class M-7 A-2 Certificateholders, the Yield Maintenance Account as a segregated trust account. The Yield Maintenance Account constitutes an "outside reserve fund" within the meaning of Treasury Regulation ss. 1.860G-2(h) and is shall not constitute an asset of any REMIC hereunder. For federal income tax purposes, the REMICs. The Class B-IO Certificateholders shall be treated as the owners of the Yield Maintenance Account, and for all federal tax purposes, amounts transferred by the REMICs to the . Any Yield Maintenance Account shall be treated as amounts distributed by the REMICs to the Class B-IO Certificateholders. The Trustee shall keep records that accurately reflect the funds on deposit in the Yield Maintenance Account. The Trustee will invest funds deposited in the Yield Maintenance Account as directed by the Class B-IO Certificateholders in writing in Permitted Investments with a maturity date (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Trustee or an Affiliate of the Trustee manages or advises such investment, or (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Trustee or an Affiliate of the Trustee manages or advises such investment. If no written direction with respect to such investment shall be received by the Trustee from the Class B-IO Certificateholders, then funds in such Account shall remain uninvested. All income and gain realized from investment of funds deposited in the Yield Maintenance Account shall be for the sole and exclusive benefit of the Class B-IO Certificateholders and shall be remitted by the Trustee to the Class B-IO Certificateholders no later than the first Business Day following receipt of such income and gain by the Trustee. The Class B-IO Certificateholders shall deposit in the Yield Maintenance Account the amount of any net loss incurred in respect of any such Permitted Investment immediately upon realization of such loss without any right of reimbursement therefor. Any payments under the Yield Maintenance Agreement Payments received by the Trustee shall be deposited by the Trustee into the Yield Maintenance Account and Account. On the Distribution Date immediately succeeding its receipt thereof, the Trustee shall distribute from each such Yield Maintenance Payment, to the Classes of Adjustable Rate Certificates, the Yield Maintenance Agreement Amount owed to such Classes for such Distribution Date: On each Distribution Date following application of any Yield Maintenance Payments as described in the immediately preceding paragraph, any Excess Yield Maintenance Amount will be distributed by the Trustee on the related such Distribution Date as follows:in the manner set forth in Section 5.04(a)(iii) in accordance with the Remittance Report for such Distribution Date.