Exhibit 31
CERTIFICATION
Re: Xxxxxx Xxxxxxx ABS Capital I Inc. Trust 2004-NC5 (the "Trust"),
Mortgage Pass-Through Certificates, Series 2004-NC5, issued pursuant
to the Pooling and Servicing Agreement, dated as of June 1, 2004 (the
"Pooling and Servicing Agreement"), by and among Xxxxxx Xxxxxxx ABS
Capital I Inc., as depositor, Deutsche Bank National Trust Company,
as trustee (the "Trustee"), Countrywide Home Loans Servicing LP,
as servicer (the "Servicer"), and NC Capital Corporation,
as responsible party
I, Xxxxx Xxxxxxxx, certify that:
(1) I have reviewed this annual report on Form 10-K (the "Annual
Report"), and all reports on Form 8-K containing distribution reports
(collectively with this Annual Report, the "Reports") filed in respect
of periods included in the year covered by this Annual Report, of the
Trust;
(2) Based on my knowledge, the information in the Reports, taken as a
whole, does not contain any untrue statement of a material fact or omit
to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not
misleading as of the last day of the period covered by this Annual
Report;
(3) Based on my knowledge, the distribution or servicing information
required to be provided to the Trustee by the Servicer under the
Pooling and Servicing Agreement, for inclusion in the Reports is
included in the Reports;
(4) Based on my knowledge and upon the annual compliance statement
included in this Annual Report and required to be delivered to the
Trustee in accordance with the terms of the Pooling and Servicing
Agreement, and except as disclosed in the Reports, the Servicer has
fulfilled its obligations under the Pooling and Servicing Agreement;
and
(5) The Reports disclose all significant deficiencies relating to the
Servicer's compliance with the minimum servicing standards based upon
the report provided by an independent public accountant, after
conducting a review in compliance with the Uniform Single Attestation
Program for Mortgage Bankers or similar procedure, as set forth in the
Pooling and Servicing Agreement, that is included in the Reports.
In giving the certifications above, I have reasonably relied on
information provided to me by the following unaffiliated parties:
the Trustee and the Servicer.
Date: March 24, 2005
/s/: Xxxxx Xxxxxxxx
Xxxxx Xxxxxxxx
President
