Nonliquidation Reason. By:_________________________________________ (authorized signer of Bank of America Mortgage Securities, Inc.) Issuer:_____________________________________ Address:____________________________________ ____________________________________ Date:_______________________________________ Custodian The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: __________________________________ _______________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________], By: Name: Title: EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-1, Class ___, having an initial aggregate Certificate Balance as of January 25, 2000 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that: 1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever. 2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-1, Class ___, having an initial aggregate Certificate Balance as of January 25, 2000 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that: 1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pass THR Cert Ser 2000 1), Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pass THR Cert Ser 2000 1)
Nonliquidation Reason. By:_________________________________________ : ----------------------------------------- (authorized signer of Bank of America Mortgage SecuritiesAmerica, Inc.N.A.) Issuer:_____________________________________ Address:____________________________________ ____________________________________________ Date:_______________________________________ Custodian The Bank of New York Wells Fargo Bank, N.A. Please acknowledge the execution of the above request re▇▇▇▇▇ by your signature and date below: __________________________________ _______________ ----------------------------------- -------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- -------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25December 29, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. [_______________], By: :_______________________________________ Name: :_____________________________________ Title: :____________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇▇▇ Street - ▇▇ ▇ ota 55479-0113 At▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇merica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002004-111, Class ___, having an initial aggregate Certificate Balance as of January 25December 29, 2000 2004 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25December 29, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ -------------------------------------------- (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇▇▇ Street - ▇▇ ▇ ota 55479-0113 At▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇merica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002004-111, Class ___, having an initial aggregate Certificate Balance as of January 25December 29, 2000 2004 of $[_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25December 29, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Banc of America Mortgage Securities Mortgage Pass-Through Certificates Series 2004-11Trust), Pooling and Servicing Agreement (Banc of America Mortgage Securities Inc)
Nonliquidation Reason. Address to which Trust Administrator should deliver the Trust Administrator's Mortgage File: By:: ---------------------------------------- (authorized signer) Issuer: ------------------------------------ Address: ----------------------------------- Date: -------------------------------------- [TRUST ADMINISTRATOR] [TRUSTEE] [▇▇▇▇▇ Fargo Bank, N.A.] [U.S. Bank National Association] Please acknowledge the execution of the above request by your signature and date below: --------------------- ----------- Signature Date Documents returned to [Trust Administrator][Trustee]: --------------------- ----------- Trust Administrator Date EXHIBIT F-1 FORM OF TRANSFEROR REPRESENTATION LETTER [Date] ▇▇▇▇▇ Fargo Bank, N.A. ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Re: MASTR Asset Backed Securities Trust, Series 2005-HE1, Mortgage Pass-Through Certificates, Class ___, representing A ___% CLASS ____________________ Percentage Interest Ladies and Gentlemen: In connection with the transfer by ________________ (authorized signer of Bank of America Mortgage Securities, Inc.the "Transferor") Issuer:_____________________to ________________ Address:____________________________________ ____________________________________ Date:_______________________________________ Custodian The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: __________________________________ _______________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________], By: Name: Title: EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-1, Class ___, having an initial aggregate Certificate Balance as of January 25, 2000 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates mortgage pass-through certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, certifies as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. follows: Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold sold, disposed of or otherwise disposed of transferred any Transferred Certificate, any interest in a Transferred any Certificate or any other similar security to any person in any manner, (b) has solicited any offer to buy or to accept a transferpledge, pledge disposition or other disposition transfer of any Transferred Certificate, any interest in a Transferred any Certificate or any other similar security from any person in any manner, (c) has otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred any Certificate or any other similar security with any person in any manner, (d) has made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) has taken any other action with respect to any Transferred Certificateaction, any interest in a Transferred Certificate or any other similar security, which that (in the case of any each of the acts described in clauses subclauses (a) through (e) hereofabove) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), or would render the disposition of the Transferred Certificates any Certificate a violation of Section 5 of the 1933 Act or any state securities laws, law or would require registration or qualification pursuant thereto. The Transferor will not act, nor has it authorized or will it authorize any person to act, in any manner set forth in the foregoing sentence with respect to any Certificate. The Transferor will not sell or otherwise transfer any of the Transferred Certificates pursuant to Certificates, except in compliance with the 1933 Act or any state securities laws. Very truly yoursprovisions of that certain Pooling and Servicing Agreement, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank dated as of New York 101 ▇▇April 1, 2005, among Mortgage Asset Securitization Transactions, Inc. as Depositor, ▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇Fargo Bank, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: N.A. as Master Servicer and Trust Administrator and U.S. Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-1, Class ___, having an initial aggregate Certificate Balance National Association as of January 25, 2000 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement Trustee (the "Pooling and Servicing Agreement"), dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the pursuant to which Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under Agreement the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Actwere issued.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2005-He1), Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2005-He1)
Nonliquidation Reason. By:_________________________________________ : ----------------------------------------- (authorized signer of Bank of America Mortgage SecuritiesAmerica, Inc.N.A.) Issuer:_____________________________________ : ------------------------------------- Address:____________________________________ ____________________________________ : ------------------------------------ Date:_______________________________________ : --------------------------------------- Custodian The Bank of New York --------- Wells Fargo Bank, N.A. Please acknowledge the execution of the above request r▇▇▇▇▇t by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25September 28, 20002005, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. [____________________], By: ----------------------------------------------- Name: --------------------------------------------- Title: -------------------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇▇▇rica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002005-19, Class ___, having an initial aggregate Certificate Balance as of January 25September 28, 2000 2005 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25September 28, 20002005, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ -------------------------------------------- (Transferor) By:_________________________________________ : ----------------------------------------- Name:_______________________________________ : --------------------------------------- Title:______________________________________ : -------------------------------------- EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, ▇▇▇▇▇▇▇ Street - ▇▇ ▇ sota 55479-0113 At▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇▇erica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002005-19, Class ___, having an initial aggregate Certificate Balance as of January 25September 28, 2000 2005 of $[_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25September 28, 20002005, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Banc of America Mortgage Securities Mortgage Pass-Through Certificates Series 2005-9 Trust), Pooling and Servicing Agreement (Banc of America Mortgage Securities Mortgage Pass-Through Certificates Series 2005-9 Trust)
Nonliquidation Reason. By:___: ______________________________________ (authorized signer of Bank of America Mortgage Securities, Inc.) Issuer:___: __________________________________ Address:___: _________________________________ ____________________________________ Date:_______ Date: ____________________________________ Custodian --------- The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: ___________________________________ ________________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25November 27, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________], By: ______________________________________ Name: ____________________________________ Title: ___________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 5 ▇▇▇▇ ▇▇▇▇▇ Street - ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002001-1G, Class ___, having an initial aggregate Certificate Balance as of January 25November 27, 2000 2001 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25November 27, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:___: ______________________________________ Name:___: ____________________________________ Title:___: ___________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 5 ▇▇▇▇ ▇▇▇▇▇ Street - ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002001-1G, Class ___, having an initial aggregate Certificate Balance as of January 25November 27, 2000 2001 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25November 27, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pass THR Cert Ser 2001-G)
Nonliquidation Reason. Address to which Trustee should deliver the Trustee's Mortgage File: ________________________________________ ________________________________________ By:_________________________________________ (authorized signer of Bank of America Mortgage Securities, Inc.signer) Issuer:_____________________________________ Address:____________________________________ ____________________________________ Date:_______________________________________ Custodian The TRUSTEE Deutsche Bank of New York National Trust Company Please acknowledge the execution of the above request by your signature and date below: ______________________________ _____ ______________________ Signature Date Documents returned to CustodianTrustee: __________________________________ __________________________ Custodian Trustee Date EXHIBIT F F-1 FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT TRANSFEROR REPRESENTATION LETTER [DateDATED] Deutsche Bank National Trust Company 1761 East St. Andrew Place Sa▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇-4934 Re: Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2003-W7, Class [CE] [P] [R] [R-X], [representing a % Percentage Interest] [with an aggregate Certificate Principal Balance of _____] [with a notional amount of ______] ---------------------------------------------------- Ladies and Gentlemen: In connection with the transfer by _______________] hereby certifies that it has established a [__________] Account pursuant _ (the "Transferor") to Section [________] of the Pooling and Servicing Agreement, dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________], By: Name: Title: EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-1, Class ___, having an initial aggregate Certificate Balance as of January 25, 2000 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates mortgage pass-through certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, certifies as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. follows: Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold sold, disposed of or otherwise disposed of transferred any Transferred Certificate, any interest in a Transferred any Certificate or any other similar security to any person in any manner, (b) has solicited any offer to buy or to accept a transferpledge, pledge disposition or other disposition transfer of any Transferred Certificate, any interest in a Transferred any Certificate or any other similar security from any person in any manner, (c) has otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred any Certificate or any other similar security with any person in any manner, (d) has made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) has taken any other action with respect to any Transferred Certificateaction, any interest in a Transferred Certificate or any other similar security, which that (in the case of any each of the acts described in clauses subclauses (a) through (e) hereofabove) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), or would render the disposition of the Transferred Certificates any Certificate a violation of Section 5 of the 1933 Act or any state securities laws, law or would require registration or qualification pursuant thereto. The Transferor will not act, nor has it authorized or will it authorize any person to act, in any manner set forth in the foregoing sentence with respect to any Certificate. The Transferor will not sell or otherwise transfer any of the Transferred Certificates Certificates, except in compliance with the provisions of that certain Pooling and Servicing Agreement, dated as of November 1, 2003, among Argent Securities Inc. as Depositor, Ameriquest Mortgage Company as Master Servicer and Deutsche Bank National Trust Company as Trustee (the "Pooling and Servicing Agreement"), pursuant to which Pooling and Servicing Agreement the 1933 Act or any state securities lawsCertificates were issued. Capitalized terms used but not defined herein shall have the meanings assigned thereto in the Pooling and Servicing Agreement. Very truly yours, ____________________________________________ ([Transferor) ] By:___________________________ Name: Title: FORM OF TRANSFEREE REPRESENTATION LETTER [Date] Deutsche Bank National Trust Company 1761 East St. Andrew Place Sa▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇-4934 Re: Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2003-W7, Class [CE] [P] [R] [R-X], [representing a % Percentage Interest] [with an aggregate Certificate Principal Balance of _____] [with a notional amount of _______________ Name:_________________] Ladies and Gentlemen: In connection with the purchase from ______________________ Title:_______________________(the "Transferor") on the date hereof of the captioned trust certificates (the "Certificates"), _______________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-1, Class ___, having an initial aggregate Certificate Balance as of January 25, 2000 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25, 2000, among Bank of America Mortgage Securities, Inc., hereby certifies as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, thatfollows:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Asset-Backed Pass-Through Certificates Series 2003-W7)
Nonliquidation Reason. By:_________________________________________ : ---------------------------------------------- (authorized signer of Bank of America Mortgage Securities, Inc.) Issuer:_____________________________________ : ------------------------------------------- Address:____________________________________ ____________________________________ : ------------------------------------------ Date:_______________________________________ : --------------------------------------------- Custodian The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25July 24, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________[ ], --------------- By: --------------------------------------------- Name: ------------------------------------------- Title: ------------------------------------------ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Barclay Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇12 E New York, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002001-18, Class ___, having an initial aggregate Certificate Balance as of January 25July 24, 2000 2001 of $___________ ----------- Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25July 24, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-1, Class ___, having an initial aggregate Certificate Balance as of January 25, 2000 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pass THR Cert Ser 2001-8)
Nonliquidation Reason. By:_________________________________________ : -------------------------------------- (authorized signer of Bank of America Mortgage Securities, Inc.) Issuer:_____________________________________ : ----------------------------------- Address:____________________________________ ____________________________________ : ---------------------------------- Date:_______________________________________ : ------------------------------------- Custodian The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25April 24, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________---------------], By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Barclay Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇12 E New York, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002001-15, Class ___, having an initial aggregate Certificate Balance as of January 25April 24, 2000 2001 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25April 24, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-1, Class ___, having an initial aggregate Certificate Balance as of January 25, 2000 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pass THR Cert Ser 2001-5)
Nonliquidation Reason. By:_________________________________________ (authorized signer of Bank Banc of America Mortgage Securities, Inc.) Issuer:_____________________________________ Address:_________________________________ ____ ______________________________________ Date:_______________________________________ Custodian The Bank of New York --------- Wells Fargo Bank, N.A. Please acknowledge the execution of the above request r▇▇▇▇▇t by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: __________________________________ _______________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25December 29, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. [_______________], By: :______________________________ Name: :____________________________ Title: :___________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇▇ ▇▇: Bank of America Mortgage Securities, Inc.▇▇▇▇ ▇▇ ▇▇erica Alternative Loan Trust 2004-12, Mortgage Pass-Through Certificates, Series 20002004-112, Class ___, having an initial aggregate Certificate Balance as of January 25December 29, 2000 2004 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25December 29, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇▇ ▇▇: Bank of America Mortgage Securities, Inc.▇▇▇▇ ▇▇ ▇▇erica Alternative Loan Trust 2004-12, Mortgage Pass-Through Certificates, Series 20002004-112, Class ___, having an initial aggregate Certificate Balance as of January 25December 29, 2000 2004 of $[_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25December 29, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Nonliquidation Reason. By:_________________________________________ : -------------------------------------- (authorized signer of Bank of America Mortgage SecuritiesAmerica, Inc.N.A.) Issuer:_____________________________________ : ---------------------------------- Address:____________________________________ ____________________________________ : --------------------------------- --------------------------------- Date:_______________________________________ Custodian The Bank of New York : ------------------------------------
A. Please acknowledge the execution of the above request re▇▇▇▇▇ by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25December 29, 20002005, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. [_______________], By: ----------------------------------------------- Name: --------------------------------------------- Title: -------------------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇▇ ▇▇: Bank of America Mortgage Securities, Inc.▇▇▇▇ ▇▇ ▇merica Alternative Loan Trust 2005-12, Mortgage Pass-Through Certificates, Series 20002005-112, Class ___, having an initial aggregate Certificate Balance as of January 25December 29, 2000 2005 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25December 29, 20002005, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ -------------------------------------------- (Transferor) By:_________________________________________ : ----------------------------------------- Name:_______________________________________ : --------------------------------------- Title:______________________________________ : -------------------------------------- EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇▇ ▇▇: Bank of America Mortgage Securities, Inc.▇▇▇▇ ▇▇ ▇merica Alternative Loan Trust 2005-12, Mortgage Pass-Through Certificates, Series 20002005-112, Class ___, having an initial aggregate Certificate Balance as of January 25December 29, 2000 2005 of $[_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25December 29, 20002005, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
2. The Transferee has been furnished with all information regarding (a) the Depositor, (b) the Transferred Certificates and distributions thereon, (c) the nature, performance and servicing of the Mortgage Loans, (d) the Pooling and Servicing Agreement and the Trust created pursuant thereto, (e) any credit enhancement mechanism associated with the Transferred Certificate, and (f) all related matters, that it has requested.
3. If the Transferee proposes that the Transferred Certificates be registered in the name of a nominee, such nominee has completed the Nominee Acknowledgment below. Very truly yours, -------------------------------------------- (Transferor) By: ----------------------------------------- Name: --------------------------------------- Title: -------------------------------------- Nominee Acknowledgment ---------------------- The undersigned hereby acknowledges and agrees that as to the Transferred Certificates being registered in its name, the sole beneficial owner thereof is and shall be the Transferee identified above, for whom the undersigned is acting as nominee. -------------------------------------------- (Nominee) By: ----------------------------------------- Name: --------------------------------------- Title: --------------------------------------
ANNEX 1 TO EXHIBIT G-2A QUALIFIED INSTITUTIONAL BUYER STATUS UNDER SEC RULE 144A [For Transferees Other Than Registered Investment Companies] The undersigned hereby certifies as follows to [__________________] (the "Transferor") and Wells Fargo Bank, N.A., as Trustee, with respect to the mortgage pass-t▇▇▇▇▇h certificates (the "Transferred Certificates") described in the Transferee certificate to which this certification relates and to which this certification is an Annex:
1. As indicated below, the undersigned is the chief financial officer, a person fulfilling an equivalent function, or other executive officer of the entity purchasing the Transferred Certificates (the "Transferee").
2. The Transferee is a "qualified institutional buyer" as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended, because (i) the Transferee owned and/or invested on a discretionary basis $______________________(1) in securities (other than the excluded securities referred to below) as of the end of the Transferee's most recent fiscal year (such amount being calculated in accordance with Rule 144A) and (ii) the Transferee satisfies the criteria in the category marked below.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Alternative Loan Trust 2005-12)
Nonliquidation Reason. By:_________________________________________ : ----------------------------------------- (authorized signer of Bank Banc of America Mortgage Securities, Inc.) Issuer:_____________________________________ : ------------------------------------- Address:____________________________________ ____________________________________ : ------------------------------------ Date:_______________________________________ Custodian The Bank of New York : ---------------------------------------
A. Please acknowledge the execution of the above request re▇▇▇▇▇ by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ---------------------------------- --------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25June 28, 20002005, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. [_______________], By: ----------------------------------------- Name: --------------------------------------- Title: -------------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ : ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc.Alternative Loan Trust 2005-6, Mortgage Pass-Through Certificates, Series 20002005-16, Class ___, having an initial aggregate Certificate Balance as of January 25June 28, 2000 2005 of $_____________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25June 28, 20002005, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ -------------------------------------------- (Transferor) By:_________________________________________ : ----------------------------------------- Name:_______________________________________ : --------------------------------------- Title:______________________________________ : -------------------------------------- EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, ▇▇▇▇▇▇▇ Street - ▇▇ ▇ sota 55479-0113 At▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of ▇▇▇▇ ▇▇ America Mortgage Securities, Inc.Alternative Loan Trust 2005-6, Mortgage Pass-Through Certificates, Series 20002005-16, Class ___, having an initial aggregate Certificate Balance as of January 25June 28, 2000 2005 of $[__________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25June 28, 20002005, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
2. The Transferee has been furnished with all information regarding (a) the Depositor, (b) the Transferred Certificates and distributions thereon, (c) the nature, performance and servicing of the Mortgage Loans, (d) the Pooling and Servicing Agreement and the Trust created pursuant thereto, (e) any credit enhancement mechanism associated with the Transferred Certificate, and (f) all related matters, that it has requested.
3. If the Transferee proposes that the Transferred Certificates be registered in the name of a nominee, such nominee has completed the Nominee Acknowledgment below. Very truly yours, -------------------------------------------- (Transferor) By: ----------------------------------------- Name: --------------------------------------- Title: -------------------------------------- Nominee Acknowledgment The undersigned hereby acknowledges and agrees that as to the Transferred Certificates being registered in its name, the sole beneficial owner thereof is and shall be the Transferee identified above, for whom the undersigned is acting as nominee. -------------------------------------------- (Nominee) By: ----------------------------------------- Name: --------------------------------------- Title: --------------------------------------
ANNEX 1 TO EXHIBIT G-2A QUALIFIED INSTITUTIONAL BUYER STATUS UNDER SEC RULE 144A [For Transferees Other Than Registered Investment Companies] The undersigned hereby certifies as follows to [__________________] (the "Transferor") and Wells Fargo Bank, N.A., as Trustee, with respect to the mortgage pass-t▇▇▇▇▇h certificates (the "Transferred Certificates") described in the Transferee certificate to which this certification relates and to which this certification is an Annex:
1. As indicated below, the undersigned is the chief financial officer, a person fulfilling an equivalent function, or other executive officer of the entity purchasing the Transferred Certificates (the "Transferee").
2. The Transferee is a "qualified institutional buyer" as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended, because (i) the Transferee owned and/or invested on a discretionary basis $______________________(1) in securities (other than the excluded securities referred to below) as of the end of the Transferee's most recent fiscal year (such amount being calculated in accordance with Rule 144A) and (ii) the Transferee satisfies the criteria in the category marked below.
Appears in 1 contract
Nonliquidation Reason. By:____: _____________________________________ (authorized signer of Bank of America Mortgage SecuritiesAmerica, Inc.National Association) Issuer:____: _________________________________ Address:____: ________________________________ ____________________________________ Date:______ Date: ___________________________________ Custodian The Bank of New York Wells Fargo Bank, N.A. Please acknowledge the execution of the above request ▇▇▇▇▇st by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: __________________________________ _______________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25June 29, 20002006, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. [________________], By: ___________________________________ Name: _________________________________ Title: ________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, ▇▇▇▇esota 55479-0113 A▇▇▇: ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of ▇▇▇▇ ▇▇ America Mortgage Securities, Inc.Alternative Loan Trust 2006-6, Mortgage Pass-Through Certificates, Series 20002006-16, Class ___, having an initial aggregate Certificate Balance as of January 25June 29, 2000 2006 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25June 29, 20002006, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and ▇▇▇ not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_: ________________________________________ Name:_: ______________________________________ Title:_: _____________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, ▇▇▇▇esota 55479-0113 A▇▇▇: ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of ▇▇▇▇ ▇▇ America Mortgage Securities, Inc.Alternative Loan Trust 2006-6, Mortgage Pass-Through Certificates, Series 20002006-16, Class ___, having an initial aggregate Certificate Balance as of January 25June 29, 2000 2006 of $[_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25June 29, 20002006, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and ▇▇▇ not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
2. The Transferee has been furnished with all information regarding (a) the Depositor, (b) the Transferred Certificates and distributions thereon, (c) the nature, performance and servicing of the Mortgage Loans, (d) the Pooling and Servicing Agreement and the Trust created pursuant thereto, (e) any credit enhancement mechanism associated with the Transferred Certificate, and (f) all related matters, that it has requested.
3. If the Transferee proposes that the Transferred Certificates be registered in the name of a nominee, such nominee has completed the Nominee Acknowledgment below. Very truly yours, ____________________________________________ (Transferor) By: ________________________________________ Name: ______________________________________ Title: _____________________________________ Nominee Acknowledgment The undersigned hereby acknowledges and agrees that as to the Transferred Certificates being registered in its name, the sole beneficial owner thereof is and shall be the Transferee identified above, for whom the undersigned is acting as nominee. ____________________________________________ (Nominee) By: ________________________________________ Name: ______________________________________ Title: _____________________________________ ANNEX 1 TO EXHIBIT G-2A QUALIFIED INSTITUTIONAL BUYER STATUS UNDER SEC RULE 144A [For Transferees Other Than Registered Investment Companies] The undersigned hereby certifies as follows to [__________________] (the "Transferor") and Wells Fargo Bank, N.A., as Trustee, with respect to the mortgage pass-▇▇▇▇ugh certificates (the "Transferred Certificates") described in the Transferee certificate to which this certification relates and to which this certification is an Annex:
1. As indicated below, the undersigned is the chief financial officer, a person fulfilling an equivalent function, or other executive officer of the entity purchasing the Transferred Certificates (the "Transferee").
2. The Transferee is a "qualified institutional buyer" as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended, because (i) the Transferee owned and/or invested on a discretionary basis $______________________(1) in securities (other than the excluded securities referred to below) as of the end of the Transferee's most recent fiscal year (such amount being calculated in accordance with Rule 144A) and (ii) the Transferee satisfies the criteria in the category marked below.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Alternative Loan Trust 2006-6)
Nonliquidation Reason. By:_________________________________________ (authorized signer of Bank Banc of America Mortgage Securities, Inc.Funding Corporation) Issuer:_____________________________________ Address:____________________________________ ____________________________________________ Date:_______________________________________ Custodian The Bank of New York --------- Wachovia Bank, National Association Please acknowledge the execution of the above request by your signature and date below: ________________________________ ___ ________________ Signature Date Documents returned to Custodian: ________________________________ ___ ________________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25August 30, 20002004, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as Master Servicer, Wells Fargo Bank, N.A., as ▇▇▇▇▇ities Administrator, and The Bank of New YorkWachovia Bank, ▇▇▇▇onal Association, as Trustee. [_______________], By: :________________________________________ Name: :______________________________________ Title: :_____________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth and Marquette Minneapolis, Minnesota 55479-▇▇▇▇ Attn: Corporate Trust Services - BAFC ▇▇▇▇-▇ ▇▇: ▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc.ica Funding Corporation, Mortgage Pass-Through Certificates, Series 20002004-12, Class ___, having an initial aggregate Certificate Balance as of January 25August 30, 2000 2004 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25August 30, 20002004, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as Master Servicer, Wells Fargo Bank, N.A., as ▇▇▇▇▇ities Administrator, and The Bank of New YorkWachovia Bank, ▇▇▇▇onal Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth and Marquette Minneapolis, Minnesota 55479-▇▇▇▇ Attn: Corporate Trust Services - BAFC ▇▇▇▇-▇ ▇▇: ▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc.ica Funding Corporation, Mortgage Pass-Through Certificates, Series 20002004-12, Class ___, having an initial aggregate Certificate Balance as of January 25August 30, 2000 2004 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25August 30, 20002004, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as Master Servicer, Wells Fargo Bank, N.A., as ▇▇▇▇▇ities Administrator, and The Bank of New YorkWachovia Bank, ▇▇▇▇onal Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Nonliquidation Reason. By:_________________________________________ : -------------------------------------- (authorized signer of Bank of America Mortgage Securities, Inc.) Issuer:_____________________________________ : ----------------------------------- Address:____________________________________ ____________________________________ : ---------------------------------- ------------------------------------------ Date:_______________________________________ : ------------------------------------- Custodian --------- The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- ------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- -------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25May 29, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________], By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇ ▇▇▇▇▇▇▇ Street ▇▇▇▇▇▇ - ▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002001-1B, Class ___, having an initial aggregate Certificate Balance as of January 25May 29, 2000 2001 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25May 29, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ ------------------------------------------ (Transferor) By:_________________________________________ : --------------------------------------- Name:_______________________________________ : ------------------------------------- Title:______________________________________ : ------------------------------------ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇ ▇▇▇▇▇▇▇ Street ▇▇▇▇▇▇ - ▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002001-1B, Class ___, having an initial aggregate Certificate Balance as of January 25May 29, 2000 2001 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25May 29, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
2. The Transferee has been furnished with all information regarding (a) the Depositor, (b) the Transferred Certificates and distributions thereon, (c) the nature, performance and servicing of the Mortgage Loans, (d) the Pooling and Servicing Agreement and the Trust created pursuant thereto, (e) any credit enhancement mechanism associated with the Transferred Certificate, and (f) all related matters, that it has requested.
3. If the Transferee proposes that the Transferred Certificates be registered in the name of a nominee, such nominee has completed the Nominee Acknowledgment below. Very truly yours, ------------------------------------------ (Transferor) By: --------------------------------------- Name: ------------------------------------- Title: ------------------------------------ Nominee Acknowledgment ---------------------- The undersigned hereby acknowledges and agrees that as to the Transferred Certificates being registered in its name, the sole beneficial owner thereof is and shall be the Transferee identified above, for whom the undersigned is acting as nominee. ------------------------------------------ (Nominee) By: --------------------------------------- Name: ------------------------------------- Title: ------------------------------------
ANNEX 1 TO EXHIBIT G-2A QUALIFIED INSTITUTIONAL BUYER STATUS UNDER SEC RULE 144A [For Transferees Other Than Registered Investment Companies] The undersigned hereby certifies as follows to [__________________] (the "Transferor") and The Bank of New York, as Trustee, with respect to the mortgage pass-through certificates (the "Transferred Certificates") described in the Transferee certificate to which this certification relates and to which this certification is an Annex:
1. As indicated below, the undersigned is the chief financial officer, a person fulfilling an equivalent function, or other executive officer of the entity purchasing the Transferred Certificates (the "Transferee").
2. The Transferee is a "qualified institutional buyer" as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended, because (i) the Transferee owned and/or invested on a discretionary basis $______________________(1) in securities (other than the excluded securities referred to below) as of the end of the Transferee's most recent fiscal year (such amount being calculated in accordance with Rule 144A) and (ii) the Transferee satisfies the criteria in the category marked below.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bank of America Mort Secs Mort Pass Thru Certs Sers 2001 B)
Nonliquidation Reason. By:_________________________________________ : -------------------------------------- (authorized signer of Bank of America Mortgage Securities, Inc.) Issuer:_____________________________________ : ----------------------------------- Address:____________________________________ ____________________________________ : ---------------------------------- Date:_______________________________________ : ------------------------------------- Custodian The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 2524, 20002002, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________---------------], By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇ ▇▇▇▇ ▇▇▇▇▇ Street - ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002002-1A, Class ___, having an initial aggregate Certificate Balance as of January 2524, 2000 2002 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 2524, 20002002, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ ------------------------------------------ (Transferor) By:_________________________________________ : --------------------------------------- Name:_______________________________________ : ------------------------------------- Title:______________________________________ : ------------------------------------ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇ ▇▇▇▇ ▇▇▇▇▇ Street - ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002002-1A, Class ___, having an initial aggregate Certificate Balance as of January 2524, 2000 2002 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 2524, 20002002, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
2. The Transferee has been furnished with all information regarding (a) the Depositor, (b) the Transferred Certificates and distributions thereon, (c) the nature, performance and servicing of the Mortgage Loans, (d) the Pooling and Servicing Agreement and the Trust created pursuant thereto, (e) any credit enhancement mechanism associated with the Transferred Certificate, and (f) all related matters, that it has requested.
3. If the Transferee proposes that the Transferred Certificates be registered in the name of a nominee, such nominee has completed the Nominee Acknowledgment below. Very truly yours, ------------------------------------------ (Transferor) By: --------------------------------------- Name: ------------------------------------- Title: ------------------------------------ Nominee Acknowledgment The undersigned hereby acknowledges and agrees that as to the Transferred Certificates being registered in its name, the sole beneficial owner thereof is and shall be the Transferee identified above, for whom the undersigned is acting as nominee. ------------------------------------------ (Nominee) By: --------------------------------------- Name: ------------------------------------- Title: ------------------------------------
ANNEX 1 TO EXHIBIT G-2A QUALIFIED INSTITUTIONAL BUYER STATUS UNDER SEC RULE 144A [For Transferees Other Than Registered Investment Companies] The undersigned hereby certifies as follows to [__________________] (the "Transferor") and The Bank of New York, as Trustee, with respect to the mortgage pass-through certificates (the "Transferred Certificates") described in the Transferee certificate to which this certification relates and to which this certification is an Annex:
1. As indicated below, the undersigned is the chief financial officer, a person fulfilling an equivalent function, or other executive officer of the entity purchasing the Transferred Certificates (the "Transferee").
2. The Transferee is a "qualified institutional buyer" as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended, because (i) the Transferee owned and/or invested on a discretionary basis $______________________1 in securities (other than the excluded securities referred to below) as of the end of the Transferee's most recent fiscal year (such amount being calculated in accordance with Rule 144A) and (ii) the Transferee satisfies the criteria in the category marked below.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pass THR Cert Ser 2002-A)
Nonliquidation Reason. By:_________________________________________ : ------------------------------------------ (authorized signer of Bank of America Mortgage Securities, Inc.) Issuer:_____________________________________ : --------------------------------------- Address:____________________________________ ____________________________________ : -------------------------------------- -------------------------------------- Date:_______________________________________ : ----------------------------------------- Custodian The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25June 27, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________---------------], By: --------------------------------------- Name: ------------------------------------- Title: ------------------------------------ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇1▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ - 12 East New York, New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002001-1C, Class ___, having an initial aggregate Certificate Balance as of January 25June 27, 2000 2001 of $___________ ----------- Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25June 27, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-1, Class ___, having an initial aggregate Certificate Balance as of January 25, 2000 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bank of America Mor Sec Inc Mor Pass THR Cer Ser 2001-C)
Nonliquidation Reason. By:_________________________________________ : -------------------------------------- (authorized signer of Bank of America Mortgage SecuritiesAmerica, Inc.N.A.) Issuer:_____________________________________ : ----------------------------------- Address:____________________________________ ____________________________________ : ---------------------------------- Date:_______________________________________ Custodian The Bank of New York : -------------------------------------
A. Please acknowledge the execution of the above request re▇▇▇▇▇ by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25November 29, 20002005, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. [_______________---------------], By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇▇erica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002005-1K, Class ___, having an initial aggregate Certificate Balance as of January 25November 29, 2000 2005 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25November 29, 20002005, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ ------------------------------------------ (Transferor) By:_________________________________________ : --------------------------------------- Name:_______________________________________ : ------------------------------------- Title:______________________________________ : ------------------------------------ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇▇erica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002005-1K, Class ___, having an initial aggregate Certificate Balance as of January 25November 29, 2000 2005 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25November 29, 20002005, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Nonliquidation Reason. By:_________________________________________ : -------------------------------------- (authorized signer of Bank of America Mortgage SecuritiesAmerica, Inc.National Association) Issuer:_____________________________________ : ----------------------------------- Address:____________________________________ ____________________________________ : ---------------------------------- ------------------------------------------ Date:_______________________________________ : ------------------------------------- Custodian The Bank of New York --------- Wachovia Bank, National Association Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] December 29, 2005 [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25December 29, 20002005 , among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as Securities Administrator and Master Servicer, and The Bank of New York▇▇▇ Wachovia Bank, National Association, as Trustee. [_______________], By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR TRANSFEROR'S CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 December 29, 2005 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 ▇▇: ▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ Re: Bank of America Mortgage Securities▇▇▇▇▇▇▇▇▇▇▇, Inc., Mortgage ▇▇▇▇▇▇▇▇ Pass-Through Certificates, Series 20002005-18, Class ___, having an initial aggregate Certificate Balance as of January 25December 29, 2000 2005 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25December 29, 20002005 , among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as Securities Administrator and Master Servicer, and The Bank of New York▇▇▇ Wachovia Bank, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ ------------------------------------------ (Transferor) By:_________________________________________ : --------------------------------------- Name:_______________________________________ : ------------------------------------- Title:______________________________________ : ------------------------------------ EXHIBIT G-2A FORM I 1 OF TRANSFEREE TRANSFEREE'S CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 December 29, 2005 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 ▇▇: ▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ Re: Bank of America Mortgage Securities▇▇▇▇▇▇▇▇▇▇▇, Inc., Mortgage ▇▇▇▇▇▇▇▇ Pass-Through Certificates, Series 20002005-18, Class ___, having an initial aggregate Certificate Balance as of January 25December 29, 2000 2005 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25December 29, 20002005 , among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as Securities Administrator and Master Servicer, and The Bank of New York▇▇▇ Wachovia Bank, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Funding 2005-8 Trust)
Nonliquidation Reason. By:_________________________________________ : ------------------------------------ (authorized signer of Bank of America Mortgage SecuritiesAmerica, Inc.National Association) Issuer:_____________________________________ : --------------------------------- Address:____________________________________ ____________________________________ : -------------------------------- Date:_______________________________________ : ----------------------------------- Custodian The Bank of New York Wachovia Bank, National Association Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] September 29, 2005 [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25September 29, 20002005, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as Securities Administrator and Master Servicer, and The Bank of New York▇▇▇ Wachovia Bank, National Association, as Trustee. [_______________], By: ___________________________________ Name: _________________________________ Title: ________________________________ EXHIBIT G-1 FORM OF TRANSFEROR TRANSFEROR'S CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇September 29, 2005 Wells Fargo Bank, N.A. Sixth and Marquette Minneapolis, Minnesota 55479-▇▇▇▇ Street - Re: Banc of America Fu▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through ▇▇▇▇-Through Certificates, Series 20002005-15, Class ___, having an initial aggregate Certificate Balance as of January 25September 29, 2000 2005 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25September 29, 20002005, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as Securities Administrator and Master Servicer, and The Bank of New York▇▇▇ Wachovia Bank, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I 1 OF TRANSFEREE TRANSFEREE'S CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 September 29, 2005 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 ▇▇: ▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ Re: Bank of America Mortgage Securities▇▇▇▇▇▇▇▇▇▇▇, Inc., Mortgage Pass▇▇▇▇▇▇▇▇ ▇▇▇▇-Through ▇▇▇▇▇▇▇ Certificates, Series 20002005-15, Class ___, having an initial aggregate Certificate Balance as of January 25September 29, 2000 2005 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25September 29, 20002005, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as Securities Administrator and Master Servicer, and The Bank of New York▇▇▇ Wachovia Bank, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Funding Corp. 2005-5 Trust)
Nonliquidation Reason. By:: ----------------------------- (authorized signer) Issuer: ----------------------------- Address: ----------------------------- ----------------------------- Date: ----------------------------- Custodian Bank One Trust Company, NA Please acknowledge the execution of the above request by your signature and date below: ----------------------------- ----------------------------- Signature Date Documents returned to Custodian: ----------------------------- ----------------------------- Custodian Date FORM OF TRUSTEE'S INITIAL CERTIFICATION Date Residential Asset Funding Corporation One First Union Center, TW9 Charlotte, NC 28288-0610 Re: ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ (▇▇▇ "▇▇▇▇▇▇▇ ▇nd Servicing Agreement"), dated as of November 1, 2000 among Residential Asset Funding Corporation, as depositor, Credit-Based Asset Servicing and Securitization LLC, as seller, Litton Loan Servicing LP, as servicer, The Chas▇ ▇▇▇hattan Bank, as trustee with respect to C-BASS Mortgage Loan Asset-Backed Certificates, Series 2000-CB4. -------------------------------------------------------------- Ladies and Gentlemen: In accordance with Section 2.02 of the Pooling and Servicing Agreement, the undersigned, as Trustee, hereby certifies that it received confirmation from the Custodian that the Custodian has received the documents listed in Section 2.01 of the Pooling and Servicing Agreement for each Mortgage File pertaining to each Mortgage Loan listed on Schedule A to the Pooling and Servicing Agreement, subject to any exceptions noted on Schedule I hereto. Capitalized words and phrases used herein and not otherwise defined herein shall have the respective meanings assigned to them in the Pooling and Servicing Agreement. This Certificate is subject in all respects to the terms of Section 2.02 of the Pooling and Servicing Agreement and the Pooling and Servicing Agreement sections cross-referenced therein. THE CHASE MANHATTAN BANK as Trustee By: ------------------------------------- Name: Title: EXHIBIT F-2 FORM OF TRUSTEE'S FINAL CERTIFICATION [Date] Residential Asset Funding Corporation One First Union Center, TW9 Charlotte, NC 28288-0610 Re: ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ (▇▇▇ "▇▇▇▇▇▇▇ ▇nd Servicing Agreement"), dated as of November 1, 2000 among Residential Asset Funding Corporation, as depositor, Credit-Based Asset Servicing and Securitization LLC, as seller, Litton Loan Servicing LP, as servicer, The Chas▇ ▇▇▇hattan Bank, as trustee with respect to C-BASS Mortgage Loan Asset-Backed Certificates, Series 2000-CB4. Ladies and Gentlemen: In accordance with Section 2.02 of the Pooling and Servicing Agreement, the undersigned, as Trustee, hereby certifies that as to each Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or listed on Schedule I hereto) it received confirmation from the Custodian that the Custodian has received the applicable documents listed in Section 2.01 of the Pooling and Servicing Agreement. The undersigned hereby certifies that as to each Mortgage Loan identified on the Mortgage Loan Schedule, other than any Mortgage Loan listed on Schedule I hereto, it has reviewed the documents listed above and has determined that each such document appears to be complete and, based on an examination of such documents, the information set forth in the Mortgage Loan Schedule is correct. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the Pooling and Servicing Agreement. This Certificate is qualified in all respects by the terms of said Pooling and Servicing Agreement. THE CHASE MANHATTAN BANK, as Trustee By: ------------------------------------- Name: Title: EXHIBIT F-3 FORM OF RECEIPT OF MORTGAGE NOTE Residential Asset Funding Corporation One First Union Center, TW9 Charlotte, NC 28288-0610 ▇▇: ▇-▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇ertificates, Series 2000-CB4 ----------------------------------------------------- Ladies and Gentlemen: Pursuant to Section 2.01 of the Pooling and Servicing Agreement, dated as of November 1, 2000, among Residential Asset Funding Corporation, as depositor, Credit-Based Asset Servicing and Securitization LLC, as seller, Litton Loan Servicing LP, as servicer, and The Chase Manhattan Ba▇▇, ▇s trustee (the "Trustee"), we hereby acknowledge the receipt of the original Mortgage Note (a copy of which is attached hereto as Exhibit 1) with any exceptions thereto listed on Exhibit 2. THE CHASE MANHATTAN BANK, as Trustee By: ------------------------------------- Name: Title: EXHIBIT G MORTGAGE LOAN PURCHASE AGREEMENT [On File with Dewey Ballantine LLP] EXHIBIT H FORM OF LOST NOTE AFFIDAVIT Personally appeared before me the undersigned authority to administer oaths, ________________ who first being duly sworn deposes and says: Deponent is ___________________ of _____________________________, successor by merger to ___________________________________ (authorized signer "Seller") and who has personal knowledge of Bank of America Mortgage Securities, Inc.) Issuer:the facts set out in this affidavit. On ________________________, ________________ Address:did execute and deliver a promissory note in the principal amount of $____________. That said note has been misplaced or lost through causes unknown and is presently lost and unavailable after diligent search has been made. Seller's records show that an amount of principal and interest on said note is still presently outstanding, due, and unpaid, and Seller is still owner and holder in due course of said lost note. Seller executes this Affidavit for the purpose of inducing The Chase Manhattan Bank, as trustee on behalf of C-BASS Mortgage Loan Asset-Backed Certificates, Series 2000-CB4, to accept the transfer of the above described loan from Seller. Seller agrees to indemnify and hold harmless The Chase Manhattan Bank, Residential Asset Funding Corporation for any losses incurred by such parties resulting from the above described promissory note has been lost or misplaced. By: ---------------------------- ------------------------------ STATE OF ) ) SS: COUNTY OF ) On this ______ day of 20____, before me, a Notary Public, in and for said County and State, appeared ____________________, who acknowledged the extension of the foregoing and who, having been duly sworn, states that any representations therein contained are true. Witness my hand and Notarial Seal this ___ day of _______ 20 __. ---------------------------------- ---------------------------------- My commission expires ________________ ____________________________________ Date:_______________________________________ Custodian The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: __________________________________ _______________ Custodian Date . EXHIBIT F I FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing AgreementERISA REPRESENTATION Residential Asset Funding Corporation One First Union Center, dated January 25TW9 Charlotte, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________], ByNC 28288-0610 Re: Name: Title: EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇-▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass▇-Through Certificates, Series 2000-1, Class ___, having an initial aggregate Certificate Balance as of January 25, 2000 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates▇▇▇▇▇▇▇▇ates, Series 2000-1, Class ___, having an initial aggregate Certificate Balance as of January 25, 2000 of $_________] CB4 ------------------------------------------------------- Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Residential Asset Funding Corp)
Nonliquidation Reason. By:___: ______________________________________ (authorized signer of Bank of America Mortgage Securities, Inc.) Issuer:_____________________________________ Address:__________________________________ ___ ________________________________________ Date:_______________________________________ Custodian --------- The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: ___________________________________ ________________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25August 27, 20002002, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________], By: :_______________________________________ Name: :_____________________________________ Title: :____________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ - 8W New York, New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002002-18, Class ___, having an initial aggregate Certificate Balance as of January 25August 27, 2000 2002 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25August 27, 20002002, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ - 8W New York, New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002002-18, Class ___, having an initial aggregate Certificate Balance as of January 25August 27, 2000 2002 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25August 27, 20002002, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bank of America Mortgage Sec Inc Mor Ps THR Cer Ser 2002-8)
Nonliquidation Reason. By:_________________________________________ : ----------------------------------------- (authorized signer of Bank Banc of America Mortgage Securities, Inc.) Issuer:_____________________________________ : ------------------------------------- Address:____________________________________ ____________________________________ : ------------------------------------ -------------------------------------------- Date:_______________________________________ : --------------------------------------- Custodian The Bank of New York Wells Fargo Bank, National Association Please acknowledge the execution of the ▇▇ ▇he above request by your signature and date below: __________________________________ _______________ ---------------------------------- ---------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ---------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25March 30, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, National Association, as Trustee. [_______________], By: ----------------------------------- Name: --------------------------------- Title: -------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇▇erica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002004-1C, Class ___, having an initial aggregate Certificate Balance as of January 25March 30, 2000 2004 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25March 30, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, National Association, as Trustee. All capitalized terms used ter▇▇ ▇▇ed herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ -------------------------------------------- (Transferor) By:_________________________________________ : ----------------------------------------- Name:_______________________________________ : --------------------------------------- Title:______________________________________ : -------------------------------------- EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇▇erica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002004-1C, Class ___, having an initial aggregate Certificate Balance as of January 25March 30, 2000 2004 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25March 30, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, National Association, as Trustee. All capitalized terms used ter▇▇ ▇▇ed herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
2. The Transferee has been furnished with all information regarding (a) the Depositor, (b) the Transferred Certificates and distributions thereon, (c) the nature, performance and servicing of the Mortgage Loans, (d) the Pooling and Servicing Agreement and the Trust created pursuant thereto, (e) any credit enhancement mechanism associated with the Transferred Certificate, and (f) all related matters, that it has requested.
3. If the Transferee proposes that the Transferred Certificates be registered in the name of a nominee, such nominee has completed the Nominee Acknowledgment below. Very truly yours, -------------------------------------------- (Transferor) By: ----------------------------------------- Name: --------------------------------------- Title: -------------------------------------- Nominee Acknowledgment The undersigned hereby acknowledges and agrees that as to the Transferred Certificates being registered in its name, the sole beneficial owner thereof is and shall be the Transferee identified above, for whom the undersigned is acting as nominee. -------------------------------------------- (Nominee) By: ----------------------------------------- Name: --------------------------------------- Title: --------------------------------------
ANNEX 1 TO EXHIBIT G-2A QUALIFIED INSTITUTIONAL BUYER STATUS UNDER SEC RULE 144A [For Transferees Other Than Registered Investment Companies] The undersigned hereby certifies as follows to [__________________] (the "Transferor") and Wells Fargo Bank, National Association, as Trustee, with respect to the ▇▇▇▇gage pass-through certificates (the "Transferred Certificates") described in the Transferee certificate to which this certification relates and to which this certification is an Annex:
1. As indicated below, the undersigned is the chief financial officer, a person fulfilling an equivalent function, or other executive officer of the entity purchasing the Transferred Certificates (the "Transferee").
2. The Transferee is a "qualified institutional buyer" as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended, because (i) the Transferee owned and/or invested on a discretionary basis $______________________1 in securities (other than the excluded securities referred to below) as of the end of the Transferee's most recent fiscal year (such amount being calculated in accordance with Rule 144A) and (ii) the Transferee satisfies the criteria in the category marked below.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Mort Sec Inc Mort Pas THR Cert Series 2004 C)
Nonliquidation Reason. By:_________________________________________ (authorized signer of Bank of America Mortgage Securities, Inc.) Issuer:_____________________________________ Address:_____________________________________ ____________________________________________ Date:_______________________________________ Custodian --------- The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: __________________________________ _______________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25September 27, 20002002, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________], By: :_______________________________________ Name: :_____________________________________ Title: :____________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Barclay Street - 8-W New York, New York 10286 Re: Bank of ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ Re: Bank of America Mortgage Securities▇▇▇▇▇▇▇▇▇▇, Inc., Mortgage Pass-Through Certificates, Series 20002002-1K, Class ___, having an initial aggregate Certificate Balance as of January 25September 27, 2000 2002 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25September 27, 20002002, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Barclay Street - 8-W New York, New York 10001 Re: Bank of ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ Re: Bank of America Mortgage Securities▇▇▇▇▇▇▇▇▇▇, Inc., Mortgage Pass-Through Certificates, Series 20002002-1K, Class ___, having an initial aggregate Certificate Balance as of January 25September 27, 2000 2002 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25September 27, 20002002, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bank of America Mortgage Sec Inc Mort Ps THR Cert Ser 2002-K)
Nonliquidation Reason. By:_________________________________________ (authorized signer of Bank Banc of America Mortgage Securities, Inc.) Issuer:_____________________________________ Address:_________________________________ ____ ______________________________________ Date:_______________________________________ Custodian The Bank of New York --------- Wells Fargo Bank, N.A. Please acknowledge the execution of the above request r▇▇▇▇▇t by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: ___________________________________ ________________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January February 25, 20002005, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. [_______________], By: _____________________________________________ Name: ___________________________________________ Title: __________________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇▇erica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002005-1B, Class ___, having an initial aggregate Certificate Balance as of January February 25, 2000 2005 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January February 25, 20002005, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇▇erica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002005-1B, Class ___, having an initial aggregate Certificate Balance as of January February 25, 2000 2005 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January February 25, 20002005, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Nonliquidation Reason. By:_________________________________________ (authorized signer of Bank of America Mortgage Securities, Inc.) Issuer:_____________________________________ Address:_________________________________ ____ ______________________________________ Date:_______________________________________ Custodian --------- The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: __________________________________ _______________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25March 28, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [____________________], By: :______________________________________ Name: :____________________________________ Title: :___________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ - 12 E New York, New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-12, Class ___, having an initial aggregate Certificate Balance as of January 25March 28, 2000 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25March 28, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ - 12 E New York, New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-12, Class ___, having an initial aggregate Certificate Balance as of January 25March 28, 2000 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25March 28, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Mortgage Pass Through Certificate Series 2000-2)
Nonliquidation Reason. By:_________________________________________ : ---------------------------- (authorized signer of Bank of America Mortgage Securities, Inc.signer) Issuer:_____________________________________ : ------------------------ Address:____________________________________ ____________________________________ : ----------------------- ------------------------------- Date:_______________________________________ : -------------------------- Custodian The Bank of New York --------- Wells Fargo Bank, N.A. Please acknowledge the execution of the ▇▇▇ above request by your signature and date below: __________________________________ _______________ -------------------------------- --------------------- Signature Date Documents returned to Custodian: __________________________________ _______________ -------------------------------- --------------------- Custodian Date EXHIBIT F F-1 FORM OF TRUSTEE'S INITIAL CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] Date Asset Backed Funding Corporation 214 North Tryon Street 21st Floor Charlotte, North Carolina 28255 Sax▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Inc. 4708 Mercantile Drive Fort Worth, Texas 76137 Re: Pooling and ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ (▇▇▇ "▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ng Agreement"), dated as of August 1, 2005 among Asset Backed Funding Corporation, as depositor, Saxon Mortgage Services, Inc., as Servicer, and Wells Fargo Bank, N.A., as trustee, with respect to ABFC As▇▇▇-▇acked Certificates, Series 2005-HE2 -------------------------------------------------------------------- Ladies and Gentlemen: In accordance with Section 2.02 of the Pooling and Servicing Agreement, the undersigned, as Trustee, hereby certifies that it has established a received the documents listed in Section 2.01 of the Pooling and Servicing Agreement for each Mortgage File pertaining to each Mortgage Loan listed on Exhibits D-1 and D-2 to the Pooling and Servicing Agreement, subject to any exceptions noted on Schedule I hereto and, based on an examination of such documents, the information set forth in the Mortgage Loan Schedules that corresponds to items (1), (2), (3), (6), (7), (8), (10) and (22) of the Mortgage Loan Schedules accurately reflects the information in the Mortgage File. Capitalized words and phrases used herein and not otherwise defined herein shall have the respective meanings assigned to them in the Pooling and Servicing Agreement. This Certificate is subject in all respects to the terms of Section 2.02 of the Pooling and Servicing Agreement and the Pooling and Servicing Agreement sections cross-referenced therein. WELLS FARGO BANK, N.A. as Tru▇▇▇▇ By: -------------------------------------- Name: Title: EXHIBIT F-2 FORM OF TRUSTEE'S FINAL CERTIFICATION [__________Date] Account pursuant Asset Backed Funding Corporation 214 North Tryon Street 21st Floor Charlotte, North Carolina 28255 Sax▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Inc. 4708 Mercantile Drive Fort Worth, Texas 76137 Re: Pooling and ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ (▇▇▇ "▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ng Agreement"), dated as of August 1, 2005, among Asset Backed Funding Corporation, as depositor, Saxon Mortgage Services, Inc., as Servicer, and Wells Fargo Bank, N.A., as trustee, with respect to ABFC As▇▇▇-▇acked Certificates, Series 2005-HE2 -------------------------------------------------------------------- Ladies and Gentlemen: In accordance with Section 2.02 of the Pooling and Servicing Agreement, the undersigned, as Trustee, hereby certifies that as to each Mortgage Loan listed in the Mortgage Loan Schedules attached as Exhibits D-1 and D-2 to the Pooling and Servicing Agreement (other than any Mortgage Loan paid in full or listed on Schedule I hereto), it has received the applicable documents listed in Section 2.01 of the Pooling and Servicing Agreement. The undersigned hereby certifies that as to each Mortgage Loan identified on the Mortgage Loan Schedules, other than any Mortgage Loan listed on Schedule I hereto, it has reviewed the applicable documents listed in Section 2.01 of the Pooling and Servicing Agreement and has determined that each such document appears to be complete and, based on an examination of such documents, the information set forth in the Mortgage Loan Schedules is correct. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the Pooling and Servicing Agreement. This Certificate is qualified in all respects by the terms of said Pooling and Servicing Agreement. WELLS FARGO BANK, N.A., as Tr▇▇▇▇▇ By: -------------------------------------- Name: Title: EXHIBIT F-3 FORM OF RECEIPT OF MORTGAGE NOTE Asset Backed Funding Corporation 214 North Tryon Street 21st Floor Charlotte, North Carolina 28255 ▇▇: ▇▇▇▇ ▇▇▇▇▇-Backed Certificates, Series 2005-HE2 ----------------------------------------------- Ladies and Gentlemen: Pursuant to Section [________] 2.01 of the Pooling and Servicing Agreement, dated January 25as of August 1, 20002005, among Bank of America Asset Backed Funding Corporation, as depositor, Saxon Mortgage SecuritiesServices, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trusteetrustee, we hereby acknowledge the receipt o▇ ▇▇▇ original Mortgage Note, or, with respect to any lost Mortgage Note, an original Lost Note Affidavit, together with a copy of the related Mortgage Note (a copy of which is attached hereto as Exhibit 1) with any exceptions thereto listed on Exhibit 2. [_______________]WELLS FARGO BANK, N.A., as Tr▇▇▇▇▇ By: -------------------------------------- Name: Title: EXHIBIT G-1 FORM G ================================================================================ ASSET BACKED FUNDING CORPORATION as Purchaser and BANK OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇AMERICA, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America N.A. as Seller MORTGAGE LOAN PURCHASE AGREEMENT Fixed Rate and Adjustable Rate Mortgage Securities, Inc., Mortgage PassLoans ABFC Asset-Through Backed Certificates, Series 20002005-HE2 Dated as of August 1, Class ___, having an initial aggregate Certificate Balance as of January 25, 2000 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I 2005 ================================================================================ TABLE OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-1, Class ___, having an initial aggregate Certificate Balance as of January 25, 2000 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.CONTENTS
Appears in 1 contract
Sources: Pooling and Servicing Agreement (ABFC Asset-Backed Certificates, Series 2005-He2)
Nonliquidation Reason. By:_________________________________________ (authorized signer of Bank of America Mortgage Securities, Inc.Servicer) Issuer:_____________________________________ Address:________________________________ _____ ____________________________________ Date:_______________________________________ Custodian The Bank of New York Wells Fargo Bank, N.A. Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: __________________________________ _______________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25March 31, 20002006, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. [_______________], By: :_____________________________________ Name: :___________________________________ Title: :__________________________________ EXHIBIT G-1 FORM OF TRANSFEROR TRANSFEROR'S CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, Minnesota 55479-0113 Attention: Corporate Trust Services - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ BAFC 2006-C Re: Bank Banc of America Mortgage Securities, Inc.Funding Corporation, Mortgage Pass-Through Certificates, Series 20002006-1C, Class ___, having an initial aggregate Certificate Balance as of January 25March 31, 2000 2006 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25March 31, 20002006, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I 1 OF TRANSFEREE TRANSFEREE'S CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, Minnesota 55479-0113 Attention: Corporate Trust Services - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ BAFC 2006-C Re: Bank Banc of America Mortgage Securities, Inc.Funding Corporation, Mortgage Pass-Through Certificates, Series 20002006-1C, Class ___, having an initial aggregate Certificate Balance as of January 25March 31, 2000 2006 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25March 31, 20002006, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Funding Corp)
Nonliquidation Reason. By:_________________________________________ (authorized signer of Bank of America Mortgage SecuritiesAmerica, Inc.National Association) Issuer:_____________________________________ Address:________________________________ _____ ____________________________________ Date:_______________________________________ Custodian The Bank of New York Wells Fargo Bank, N.A. Please acknowledge the execution of the above request ▇▇▇▇est by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25August 30, 20002007, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. [_______________], By: :_____________________________________ Name: :___________________________________ Title: :__________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, ▇▇▇▇esota 55479-0113 ▇▇▇▇: ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of ▇▇▇▇ ▇▇ America Mortgage Securities, Inc.2007-3 Trust, Mortgage Pass-Through Certificates, Series 20002007-13, Class ___, having an initial aggregate Certificate Balance as of January 25August 30, 2000 2007 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25August 30, 20002007, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and ▇▇▇ not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, ▇▇▇▇esota 55479-0113 ▇▇▇▇: ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of ▇▇▇▇ ▇▇ America Mortgage Securities, Inc.2007-3 Trust, Mortgage Pass-Through Certificates, Series 20002007-13, Class ___, having an initial aggregate Certificate Balance as of January 25August 30, 2000 2007 of $[_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25August 30, 20002007, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and ▇▇▇ not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Mortgage 2007-3 Trust)
Nonliquidation Reason. By:_: ________________________________________ (authorized signer of Bank of America Mortgage Securities, Inc.) Issuer:_: ____________________________________ Address:_: ___________________________________ ____________________________________________ Date:_: ______________________________________ Custodian The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: __________________________________ _______________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25September 23, 20001999, among Bank of America Mortgage Securities, Inc., as Depositor, NationsBanc Mortgage Corporation, as Servicer, Bank of America, FSB, as Servicer, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________], By: ______________________________________ Name: ____________________________________ Title: ___________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Barclay Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇12 E New York, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20001999-111, Class ___, having an initial aggregate Certificate Balance as of January 25September 23, 2000 1999 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25September 23, 20001999, among Bank of America Mortgage Securities, Inc., as Depositor, NationsBanc Mortgage Corporation, as Servicer, Bank of America, FSB, as Servicer, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_: ________________________________________ Name:_: ______________________________________ Title:_: _____________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Barclay Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇12 E New York, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20001999-111, Class ___, having an initial aggregate Certificate Balance as of January 25September 23, 2000 1999 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25September 23, 20001999, among Bank of America Mortgage Securities, Inc., as Depositor, NationsBanc Mortgage Corporation, as Servicer, Bank of America, FSB, as Servicer, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pas Thru Cert Ser 1999-11)
Nonliquidation Reason. By:___: ______________________________________ (authorized signer of Bank of America Mortgage Securities, Inc.) Issuer:___: __________________________________ Address:___: _________________________________ ____________________________________ Date:_______ Date: ____________________________________ Custodian The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: ___________________________________ ________________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25December 20, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________], By: ______________________________________ Name: ____________________________________ Title: ___________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇ ▇▇▇▇ ▇▇▇▇▇ Street - ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002001-1H, Class ___, having an initial aggregate Certificate Balance as of January 25December 20, 2000 2001 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25December 20, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:___: ______________________________________ Name:___: ____________________________________ Title:___: ___________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇ ▇▇▇▇ ▇▇▇▇▇ Street - ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002001-1H, Class ___, having an initial aggregate Certificate Balance as of January 25December 20, 2000 2001 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25December 20, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bank of America Mortgage Securities Inc 2001-H)
Nonliquidation Reason. By:____: _____________________________________ (authorized signer of Bank of America Mortgage Securities, Inc.applicable Servicer) Issuer:_____________________________________ Address:_________________________________ ____ ______________________________________ Date:_______________________________________ Custodian The Bank of New York --------- Wachovia Bank, National Association Please acknowledge the execution of the above request by your signature and date below: ___________________________________ ________________ Signature Date Documents returned to Custodian: ___________________________________ ________________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25April 28, 20002005, among Bank Banc of America Funding Corporation, as Depositor, GreenPoint Mortgage SecuritiesFunding, Inc., as Depositorservicer, Bank of Americaand Wells Fargo Bank, N.A., as Servicer, and The Bank of New York, as Trusteetrustee. [_______________], By: ______________________________________________ Name: ____________________________________________ Title: ___________________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇▇▇ Street - ▇▇ ▇ ota 55479 Attenti▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of ▇▇▇▇ ▇f America Mortgage Securities, Inc.Funding Corporation, Mortgage Pass-Through Certificates, Series 20002005-1C, Class ___, having an initial aggregate Certificate Balance as of January 25April 28, 2000 2005 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25April 28, 20002005, among Bank Banc of America Funding Corporation, as Depositor, GreenPoint Mortgage SecuritiesFunding, Inc., as Depositorservicer (the "Servicer"), Bank of Americaand Wells Fargo Bank, N.A., as Servicer, and The Bank of New York, as trustee (the "Trustee"). All capitalized terms used ter▇▇ ▇▇ed herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇▇▇ Street - ▇▇ ▇ ota 55479 Attenti▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of ▇▇▇▇ ▇▇ America Mortgage Securities, Inc.Funding Corporation, Mortgage Pass-Through Certificates, Series 20002005-1C, Class ___, having an initial aggregate Certificate Balance as of January 25April 28, 2000 2005 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25April 28, 20002005, among Bank Banc of America Funding Corporation, as Depositor, GreenPoint Mortgage SecuritiesFunding, Inc., as Depositorservicer, Bank of Americaand Wells Fargo Bank, N.A., as Servicer, and The Bank of New York, as trustee (the "Trustee"). All capitalized terms used ter▇▇ ▇▇ed herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Funding Corp. 2005-C Trust)
Nonliquidation Reason. By:Address to which Custodian should Deliver the Mortgage File: ____________________________ ____________________________ ____________________________ By:___________________________ (authorized signer of Bank of America Mortgage Securities, Inc.signer) Issuer:_____________________________________ Address:______________________ ______________________ Date:_________________________ Custodian --------- Norwest Bank Minnesota, National Association Please acknowledge the execution of the above request by your signature and date below: ________________________________ ____________________________________ Date:_______________________________________ Custodian The Bank of New York Please acknowledge the execution of the above request by your signature and date belowSignature Date Documents returned to Custodian: __________________________________ _______________ Signature Date Documents returned to Custodian: __________________________________ _______________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account E Affidavit pursuant to Section 860E(e)(4) of the Internal Revenue Code of 1986, as amended, and for other purposes STATE OF ) )ss: COUNTY OF ) [________NAME OF OFFICER], being first duly sworn, deposes and says:
1. That he/she is [Title of Officer] of [Name of Investor] (the Pooling "Investor"), a [savings institution] [corporation] duly organized and Servicing Agreement, dated January 25, 2000, among Bank existing under the laws of America Mortgage Securities, Inc., as Depositor, Bank [the State of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________], By: Name: Title: EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-1, Class ___, having an initial aggregate Certificate Balance as of January 25, 2000 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with ] [the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") United States], on behalf of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoeverwhich he/she makes this affidavit.
2. Neither That (i) the Transferor nor anyone acting on its behalf has (aInvestor is not a "disqualified organization" as defined in Section 860E(e)(5) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution Internal Revenue Code of the Transferred Certificates under the Securities Act of 19331986, as amended (the "1933 ActCode"), would render the disposition and will not be a disqualified organization as of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Closing Date] The Bank [date of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America purchase]; (ii) it is not acquiring the Structured Asset Mortgage Securities, Inc., Investments Inc. Mortgage Pass-Through Certificates, Series 20001999-1, Class ___R-1, having an initial aggregate Certificate Balance as of January 25, 2000 of $_________] Ladies Class R-2 and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Class R-3 Certificates (the "Transferred Residual Certificates"), pursuant ) for the account of a disqualified organization; (iii) it consents to Section 6.02 any amendment of the Pooling and Servicing Agreement that shall be deemed necessary by Structured Asset Mortgage Investments Inc. (upon advice of counsel) to constitute a reasonable arrangement to ensure that the "Pooling Residual Certificates will not be owned directly or indirectly by a disqualified organization; and Servicing Agreement"), dated January 25, 2000, among Bank of America Mortgage Securities, Inc., (iv) it will not transfer such Residual Certificates unless (a) it has received from the transferee an affidavit in substantially the same form as Depositor, Bank of America, N.A., as Servicer, this affidavit containing these same four representations and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer"b) as of the time of the transfer, it does not have actual knowledge that term such affidavit is defined in Rule 144A ("Rule 144A") under false.
3. That the Securities Act of 1933, as amended (the "1933 Act"), and has completed Investor is one of the forms following: (i) a citizen or resident of certification the United States, (ii) a corporation, partnership or other entity taxable as such created or organized in or under the laws of the United States or any political subdivision thereof or (iii) an estate that is subject to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that U.S. federal income tax regardless of the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for source of its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144Aincome, or (biv) pursuant a trust other than a "foreign trust," as defined in Section [7701 (a)(3 1 )] of the Code.
4. That the Investor's taxpayer identification number is .
5. That no purpose of the acquisition of the Residual Certificates is to another exemption from registration under avoid or impede the 1933 Actassessment or collection of tax.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Nonliquidation Reason. By:_________________________________________ : ------------------------------------- (authorized signer of Bank of America Mortgage Securities, Inc.Servicer) Issuer:_____________________________________ : ------------------------------------- Address:____________________________________ ____________________________________ : ------------------------------------- ------------------------------------- Date:_______________________________________ : ------------------------------------- Custodian The Bank of New York Wells Fargo Bank, N.A. Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- ----------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25May 31, 20002006, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. [_______________], By: ------------------------------- Name: ------------------------------- Title: ------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR TRANSFEROR'S CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, Minnesota 55479-0113 Attention: Corporate Trust Services - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ BAFC 2006-E Re: Bank Banc of America Mortgage Securities, Inc.Funding Corporation, Mortgage Pass-Through Certificates, Series 20002006-1E, Class ___, having an initial aggregate Certificate Balance as of January 25May 31, 2000 2006 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25May 31, 20002006, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. G-1-1 Very truly yours, ____________________________________________ ---------------------------------------- (Transferor) By:_________________________________________ : ---------------------------------------- Name:_______________________________________ : ---------------------------------------- Title:______________________________________ : ---------------------------------------- EXHIBIT G-2A FORM I 1 OF TRANSFEREE TRANSFEREE'S CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, Minnesota 55479-0113 Attention: Corporate Trust Services - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ BAFC 2006-E Re: Bank Banc of America Mortgage Securities, Inc.Funding Corporation, Mortgage Pass-Through Certificates, Series 20002006-1E, Class ___, having an initial aggregate Certificate Balance as of January 25May 31, 2000 2006 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25May 31, 20002006, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Funding 2006-E Trust)
Nonliquidation Reason. By:_: ________________________________________ (authorized signer of Bank of America Mortgage Securities, Inc.applicable Servicer) Issuer:: ______________________________________ Address:: _____________________________________ ______________________________________________ Date:: ________________________________________ Custodian The Bank of New York Wachovia Bank, National Association Please acknowledge the execution of the above request by your signature and date below: ___________________________________ _________________ Signature Date Documents returned to Custodian: ___________________________________ _________________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25November 30, 20002004, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as ServicerMaster Servicer and Securities Administrator, and The Bank of New York▇▇▇ Wachovia Bank, National Association, as Trustee. [_______________], By: ____________________________________ Name: __________________________________ Title: _________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479 Attentio▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of ▇▇▇▇ ▇▇ America Mortgage Securities, Inc.Funding Corporation, Mortgage Pass-Through Certificates, Series 20002004-1C, Class ___, having an initial aggregate Certificate Balance as of January 25November 30, 2000 2004 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25November 30, 20002004, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as ServicerMaster Servicer and Securities Administrator, and The Bank of New York▇▇▇ Wachovia Bank, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_____: ____________________________________ Name:_____: __________________________________ Title:_____: _________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479 Attentio▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of ▇▇▇▇ ▇▇ America Mortgage Securities, Inc.Funding Corporation, Mortgage Pass-Through Certificates, Series 20002004-1C, Class ___, having an initial aggregate Certificate Balance as of January 25November 30, 2000 2004 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25November 30, 20002004, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as ServicerMaster Servicer and Securities Administrator, and The Bank of New York▇▇▇ Wachovia Bank, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Nonliquidation Reason. By:_________________________________________ : ---------------------------------------- (authorized signer of Bank of America Mortgage SecuritiesAmerica, Inc.N.A.) Issuer:_____________________________________ : ------------------------------------- Address:____________________________________ ____________________________________ : ------------------------------------ ------------------------------------ Date:_______________________________________ Custodian The Bank of New York : ---------------------------------------
A. Please acknowledge the execution of the above request re▇▇▇▇▇ by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25July 29, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, Wells Fargo Bank, N.A., as Securities Administrator, and The Bank of New YorkWachovia Bank, ▇▇▇▇onal Association, as Trustee. [_______________---------------], By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇▇erica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002004-1G, Class ___, having an initial aggregate Certificate Balance as of January 25July 29, 2000 2004 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25July 29, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, Wells Fargo Bank, N.A., as Securities Administrator, and The Bank of New YorkWachovia Bank, ▇▇▇▇onal Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ ------------------------------------------ (Transferor) By:_________________________________________ : --------------------------------------- Name:_______________________________________ : ------------------------------------- Title:______________________________________ : ------------------------------------ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇▇erica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002004-1G, Class ___, having an initial aggregate Certificate Balance as of January 25July 29, 2000 2004 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25July 29, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, Wells Fargo Bank, N.A., as Securities Administrator, and The Bank of New YorkWachovia Bank, ▇▇▇▇onal Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Mortgage Securities Inc)
Nonliquidation Reason. By:_________________________________________ : (authorized signer of Bank of America Mortgage Securities, Inc.) Issuer:_____________________________________ : Address:____________________________________ ____________________________________ : Date:_______________________________________ : Custodian The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25July 27, 20001999, among Bank of America Mortgage Securities, Inc., as Depositor, NationsBanc Mortgage Corporation, as Servicer, Bank of America, FSB, as Servicer, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________---------------], By: Name: Title: EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Barclay Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇12 E New York, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20001999-18, Class ___, having an initial aggregate Certificate Balance as of January 25July 27, 2000 1999 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25July 27, 20001999, among Bank of America Mortgage Securities, Inc., as Depositor, NationsBanc Mortgage Corporation, as Servicer, Bank of America, FSB, as Servicer, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ --------------------------------------------- (Transferor) By:_________________________________________ : Name:_______________________________________ : Title:______________________________________ : EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Barclay Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇12 E New York, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20001999-18, Class ___, having an initial aggregate Certificate Balance as of January 25July 27, 2000 1999 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25July 27, 20001999, among Bank of America Mortgage Securities, Inc., as Depositor, NationsBanc Mortgage Corporation, as Servicer, Bank of America, FSB, as Servicer, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bank of America Mort Secs Inc Mort Pas Thru Cert Ser 1999-8)
Nonliquidation Reason. By:_________________________________________ : ---------------------------------------- (authorized signer of Bank of America Mortgage Securities, Inc.) Issuer:_____________________________________ : ------------------------------------- Address:____________________________________ ____________________________________ : ------------------------------------ -------------------------------------------- Date:_______________________________________ : --------------------------------------- Custodian --------- The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25November 21, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________---------------], By: --------------------------------------------- Name: ------------------------------------------- Title: ------------------------------------------ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Barclay Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇12 E New York, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-17, Class ___, having an initial aggregate Certificate Balance as of January 25November 21, 2000 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25November 21, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ -------------------------------------------- (Transferor) By:_________________________________________ : ----------------------------------------- Name:_______________________________________ : --------------------------------------- Title:______________________________________ : -------------------------------------- EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ - 12 E New York, New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-17, Class ___, having an initial aggregate Certificate Balance as of January 25November 21, 2000 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25November 21, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
2. The Transferee has been furnished with all information regarding (a) the Depositor, (b) the Transferred Certificates and distributions thereon, (c) the nature, performance and servicing of the Mortgage Loans, (d) the Pooling and Servicing Agreement and the Trust created pursuant thereto, (e) any credit enhancement mechanism associated with the Transferred Certificate, and (f) all related matters, that it has requested.
3. If the Transferee proposes that the Transferred Certificates be registered in the name of a nominee, such nominee has completed the Nominee Acknowledgment below. Very truly yours, -------------------------------------------- (Transferor) By: ----------------------------------------- Name: --------------------------------------- Title: -------------------------------------- Nominee Acknowledgment ---------------------- The undersigned hereby acknowledges and agrees that as to the Transferred Certificates being registered in its name, the sole beneficial owner thereof is and shall be the Transferee identified above, for whom the undersigned is acting as nominee. -------------------------------------------- (Nominee) By: ----------------------------------------- Name: --------------------------------------- Title: --------------------------------------
ANNEX 1 TO EXHIBIT G-2A QUALIFIED INSTITUTIONAL BUYER STATUS UNDER SEC RULE 144A [For Transferees Other Than Registered Investment Companies] The undersigned hereby certifies as follows to [__________________] (the "Transferor") and The Bank of New York, as Trustee, with respect to the mortgage pass-through certificates (the "Transferred Certificates") described in the Transferee certificate to which this certification relates and to which this certification is an Annex:
1. As indicated below, the undersigned is the chief financial officer, a person fulfilling an equivalent function, or other executive officer of the entity purchasing the Transferred Certificates (the "Transferee").
2. The Transferee is a "qualified institutional buyer" as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended, because (i) the Transferee owned and/or invested on a discretionary basis $______________________(1) in securities (other than the excluded securities referred to below) as of the end of the Transferee's most recent fiscal year (such amount being calculated in accordance with Rule 144A) and (ii) the Transferee satisfies the criteria in the category marked below.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pass THR Cert Ser 2000-7)
Nonliquidation Reason. By:_________________________________________ By:------------------------------------ (authorized signer of Bank of America Mortgage Securities, Inc.) Issuer:_____________________________________ Address:________________________________ _____ ____________________________________ Date:_______________________________________ Custodian --------- The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25August 26, 20001999, among Bank of America Mortgage Securities, Inc., as Depositor, NationsBanc Mortgage Corporation, as Servicer, Bank of America, FSB, as Servicer, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [---------------], By:_______________], By: ________________________ Name: :_____________________________________ Title: :____________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ - 12 E New York, New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20001999-110, Class ___, having an initial aggregate Certificate Balance as of January 25August 26, 2000 1999 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25August 26, 20001999, among Bank of America Mortgage Securities, Inc., as Depositor, NationsBanc Mortgage Corporation, as Servicer, Bank of America, FSB, as Servicer, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ -------------------------------------------- (Transferor) By:_________________________________________ : Name:_______________________________________ : Title:______________________________________ : EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ - 12 E New York, New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20001999-110, Class ___, having an initial aggregate Certificate Balance as of January 25August 26, 2000 1999 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25August 26, 20001999, among Bank of America Mortgage Securities, Inc., as Depositor, NationsBanc Mortgage Corporation, as Servicer, Bank of America, FSB, as Servicer, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pass THR Cert Ser 1999-10)
Nonliquidation Reason. By:__________________________________________ (authorized signer of Bank of America Mortgage Securities, Inc.applicable Servicer) Issuer:______________________________________ Address:_____________________________________ _____________________________________________ Date:________________________________________ Custodian The Bank of New York --------- Wachovia Bank, National Association Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: ___________________________________ ________________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 2527, 20002005, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as ServicerMaster Servicer and Securities Administrator, and The Bank of New York▇▇▇ Wachovia Bank, National Association, as Trustee. [_______________], By: ______________________________________________ Name: ____________________________________________ Title: ___________________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇▇▇ Street - ▇▇ ▇ ota 55479 Attenti▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of ▇▇▇▇ ▇▇ America Mortgage Securities, Inc.Funding Corporation, Mortgage Pass-Through Certificates, Series 20002005-1A, Class ___, having an initial aggregate Certificate Balance as of January 2527, 2000 2005 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 2527, 20002005, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as ServicerMaster Servicer and Securities Administrator, and The Bank of New York▇▇▇ Wachovia Bank, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇▇▇ Street - ▇▇ ▇ ota 55479 Attenti▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of ▇▇▇▇ ▇▇ America Mortgage Securities, Inc.Funding Corporation, Mortgage Pass-Through Certificates, Series 20002005-1A, Class ___, having an initial aggregate Certificate Balance as of January 2527, 2000 2005 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 2527, 20002005, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as ServicerMaster Servicer and Securities Administrator, and The Bank of New York▇▇▇ Wachovia Bank, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Nonliquidation Reason. By:_________________________________________ (authorized signer of Bank of America National City Mortgage Securities, Inc.Co.) Issuer:_____________________________________ Address:_________________________________ ____ ______________________________________ Date:_______________________________________ Custodian The Bank of New York Wells Fargo Bank, N.A. Please acknowledge the execution of the above request ▇▇▇▇est by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: ___________________________________ ________________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25February 28, 20002008, among Bank of America National City Mortgage Securities, Inc.Capital LLC, as Depositor, Bank of AmericaNational City Mortgage Co., as Servicer and Mortgage Loan Seller, and Wells Fargo Bank, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________], By: :______________________________________________ Name: :____________________________________________ Title: :___________________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, ▇▇▇▇esota 55479-0113 A▇▇▇: ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇▇▇▇▇ ▇ity Mortgage Securities, Inc.Capital Trust 2008-1, Mortgage Pass-Through Certificates, Series 2000▇▇▇▇▇▇ ▇▇▇▇-1▇, Class ▇▇▇▇▇ ___, having an initial aggregate Certificate Balance as of January 25February 28, 2000 2008 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25February 28, 20002008, among Bank of America National City Mortgage Securities, Inc.Capital LLC, as Depositor, Bank of AmericaNational City Mortgage Co., as Servicer and Mortgage Loan Seller, and Wells Fargo Bank, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and ▇▇▇ not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, ▇▇▇▇esota 55479-0113 A▇▇▇: ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇▇▇▇▇ ▇ity Mortgage Securities, Inc.Capital Trust 2008-1, Mortgage Pass-Through Certificates, Series 2000▇▇▇▇▇▇ ▇▇▇▇-1▇, Class ▇▇▇▇▇ ___, having an initial aggregate Certificate Balance as of January 25February 28, 2000 2008 of $[_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25February 28, 20002008, among Bank of America National City Mortgage Securities, Inc.Capital LLC, as Depositor, Bank of AmericaNational City Mortgage Co., as Servicer and Mortgage Loan Seller, and Wells Fargo Bank, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and ▇▇▇ not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (National City Mortgage Capital Trust 2008-1)
Nonliquidation Reason. By:_________________________________________ (authorized signer of Bank of America Mortgage Securities, Inc.applicable Servicer) Issuer:_____________________________________ Address:_________________________________ ____ ______________________________________ Date:_______________________________________ Custodian The Bank of New York
A. Please acknowledge the execution of the above request re▇▇▇▇▇ by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: __________________________________ _______________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25October 27, 20002005, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as ServicerMaster Servicer and Securities Administrator, and The Bank of New York▇▇▇ Wachovia Bank, National Association, as Trustee. [_______________], By: :_____________________________________ Name: :___________________________________ Title: :__________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇▇▇ Street - ▇▇ ▇ ota 55479 Attenti▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of ▇▇▇▇ ▇▇ America Mortgage Securities, Inc.Funding Corporation, Mortgage Pass-Through Certificates, Series 20002005-1H, Class ___, having an initial aggregate Certificate Balance as of January 25October 27, 2000 2005 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25October 27, 20002005, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as ServicerMaster Servicer and Securities Administrator, and The Bank of New York▇▇▇ Wachovia Bank, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇▇▇ Street - ▇▇ ▇ ota 55479 Attent▇▇▇ ▇: ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank ▇▇▇▇ of America Mortgage Securities, Inc.Funding Corporation, Mortgage Pass-Through Certificates, Series 20002005-1H, Class ___, having an initial aggregate Certificate Balance as of January 25October 27, 2000 2005 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25October 27, 20002005, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as ServicerMaster Servicer and Securities Administrator, and The Bank of New York▇▇▇ Wachovia Bank, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Funding 2005-H Trust)
Nonliquidation Reason. By:_________________________________________ : ---------------------------------------------- (authorized signer of Bank of America Mortgage Securities, Inc.) Issuer:_____________________________________ : ------------------------------------------- Address:____________________________________ ____________________________________ : ------------------------------------------ ------------------------------------------ Date:_______________________________________ : --------------------------------------------- Custodian The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25June 26, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________---------------], By: ---------------------------------------------- Name: -------------------------------------------- Title: ------------------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ - 12 E New York, New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002001-17, Class ___, having an initial aggregate Certificate Balance as of January 25June 26, 2000 2001 of $________________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25June 26, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-1, Class ___, having an initial aggregate Certificate Balance as of January 25, 2000 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Mortgage Pass Through Certificates Series 2001-7)
Nonliquidation Reason. By:_________________________________________ : -------------------------------------- (authorized signer of Bank Banc of America Mortgage Securities, Inc.) Issuer:_____________________________________ : ---------------------------------- Address:____________________________________ ____________________________________ : --------------------------------- ----------------------------------------- Date:_______________________________________ : ------------------------------------ Custodian The Wells Fargo Bank of New York Minnesota, National Association Please acknowledge the execution ▇▇▇▇ution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January March 25, 20002003, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Wells Fargo Bank of New YorkMinnesota, National Association, as Trustee. [_______________---------------], By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Wells Fargo Bank of New York 101 Minnesota, N.A. Sixth Street and Marquette Avenue Minn▇▇▇▇▇is, Minnesota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of ▇▇▇▇ ▇▇ America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002003-1C, Class ___, having an initial aggregate Certificate Balance as of January March 25, 2000 2003 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January March 25, 20002003, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Wells Fargo Bank of New YorkMinnesota, National Association, as Trustee. All capitalized capit▇▇▇▇▇d terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ ------------------------------------------- (Transferor) By:_________________________________________ : ---------------------------------------- Name:_______________________________________ : -------------------------------------- Title:______________________________________ : ------------------------------------- EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Wells Fargo Bank of New York 101 Minnesota, N.A. Sixth Street and Marquette Avenue Minn▇▇▇▇▇is, Minnesota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of ▇▇▇▇ ▇▇ America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002003-1C, Class ___, having an initial aggregate Certificate Balance as of January March 25, 2000 2003 of $__________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January March 25, 20002003, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Wells Fargo Bank of New YorkMinnesota, National Association, as Trustee. All capitalized capit▇▇▇▇▇d terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
2. The Transferee has been furnished with all information regarding (a) the Depositor, (b) the Transferred Certificates and distributions thereon, (c) the nature, performance and servicing of the Mortgage Loans, (d) the Pooling and Servicing Agreement and the Trust created pursuant thereto, (e) any credit enhancement mechanism associated with the Transferred Certificate, and (f) all related matters, that it has requested.
3. If the Transferee proposes that the Transferred Certificates be registered in the name of a nominee, such nominee has completed the Nominee Acknowledgment below. Very truly yours, ------------------------------------------- (Transferor) By: ---------------------------------------- Name: -------------------------------------- Title: ------------------------------------- Nominee Acknowledgment The undersigned hereby acknowledges and agrees that as to the Transferred Certificates being registered in its name, the sole beneficial owner thereof is and shall be the Transferee identified above, for whom the undersigned is acting as nominee. ------------------------------------------- (Nominee) By: ---------------------------------------- Name: -------------------------------------- Title: -------------------------------------
ANNEX 1 TO EXHIBIT G-2A QUALIFIED INSTITUTIONAL BUYER STATUS UNDER SEC RULE 144A [For Transferees Other Than Registered Investment Companies] The undersigned hereby certifies as follows to [__________________] (the "Transferor") and Wells Fargo Bank Minnesota, National Association, as Trustee, with resp▇▇▇ ▇o the mortgage pass-through certificates (the "Transferred Certificates") described in the Transferee certificate to which this certification relates and to which this certification is an Annex:
1. As indicated below, the undersigned is the chief financial officer, a person fulfilling an equivalent function, or other executive officer of the entity purchasing the Transferred Certificates (the "Transferee").
2. The Transferee is a "qualified institutional buyer" as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended, because (i) the Transferee owned and/or invested on a discretionary basis $______________________1 in securities (other than the excluded securities referred to below) as of the end of the Transferee's most recent fiscal year (such amount being calculated in accordance with Rule 144A) and (ii) the Transferee satisfies the criteria in the category marked below.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Mort Sec Inc Mort Pass THR Cert Ser 2003-C)
Nonliquidation Reason. By:_________________________________________ (authorized signer of Bank of America Mortgage SecuritiesAmerica, Inc.National Association) Issuer:_____________________________________ Address:____________________________________ ____________________________________________ Date:_______________________________________ Custodian The Bank of New York --------- Wells Fargo Bank, N.A. Please acknowledge the execution of the above request ▇▇▇▇est by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25April 27, 20002006, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. [_______________], By: _____________________________________________ Name: ___________________________________________ Title: __________________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, ▇▇▇▇esota 55479-0113 A▇▇▇: ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of ▇▇▇▇ ▇▇ America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002006-1, Class ___, having an initial aggregate Certificate Balance as of January 25April 27, 2000 2006 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25April 27, 20002006, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and ▇▇▇ not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, ▇▇▇▇esota 55479-0113 A▇▇▇: ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of ▇▇▇▇ ▇▇ America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002006-1, Class ___, having an initial aggregate Certificate Balance as of January 25April 27, 2000 2006 of $[_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25April 27, 20002006, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and ▇▇▇ not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Mortgage 2006-1 Trust)
Nonliquidation Reason. By:_________________________________________ : -------------------------------------- (authorized signer of Bank of America Mortgage SecuritiesAmerica, Inc.National Association) Issuer:_____________________________________ : ----------------------------------- Address:____________________________________ ____________________________________ : ------------------------------------ ------------------------------------ Date:_______________________________________ Custodian The Bank of New York : -------------------------------------
A. Please acknowledge the execution of the above request ▇▇▇▇▇st by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25April 27, 20002006, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. [_______________], By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, ▇▇▇▇esota 55479-0113 A▇▇▇: ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America Mortgage Securities, Inc.▇▇▇▇ ▇▇ ▇merica Alternative Loan Trust 2006-4, Mortgage Pass-Through Certificates, Series 20002006-14, Class ___, having an initial aggregate Certificate Balance as of January 25April 27, 2000 2006 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25April 27, 20002006, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and ▇▇▇ not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ -------------------------------------------- (Transferor) By:_________________________________________ : -------------------------------------- Name:_______________________________________ : ------------------------------------ Title:______________________________________ : ------------------------------------ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, ▇▇▇▇esota 55479-0113 A▇▇▇: ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America Mortgage Securities, Inc.▇▇▇▇ ▇▇ ▇merica Alternative Loan Trust 2006-4, Mortgage Pass-Through Certificates, Series 20002006-14, Class ___, having an initial aggregate Certificate Balance as of January 25April 27, 2000 2006 of $[_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25April 27, 20002006, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and ▇▇▇ not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
2. The Transferee has been furnished with all information regarding (a) the Depositor, (b) the Transferred Certificates and distributions thereon, (c) the nature, performance and servicing of the Mortgage Loans, (d) the Pooling and Servicing Agreement and the Trust created pursuant thereto, (e) any credit enhancement mechanism associated with the Transferred Certificate, and (f) all related matters, that it has requested.
3. If the Transferee proposes that the Transferred Certificates be registered in the name of a nominee, such nominee has completed the Nominee Acknowledgment below. Very truly yours, -------------------------------------------- (Transferor) By: -------------------------------------- Name: ------------------------------------ Title: ----------------------------------- Nominee Acknowledgment The undersigned hereby acknowledges and agrees that as to the Transferred Certificates being registered in its name, the sole beneficial owner thereof is and shall be the Transferee identified above, for whom the undersigned is acting as nominee. ----------------------------------------- (Nominee) By: -------------------------------------- Name: ------------------------------------ Title: -----------------------------------
ANNEX 1 TO EXHIBIT G-2A QUALIFIED INSTITUTIONAL BUYER STATUS UNDER SEC RULE 144A [For Transferees Other Than Registered Investment Companies] The undersigned hereby certifies as follows to [__________________] (the "Transferor") and Wells Fargo Bank, N.A., as Trustee, with respect to the mortgage pass-▇▇▇▇ugh certificates (the "Transferred Certificates") described in the Transferee certificate to which this certification relates and to which this certification is an Annex:
1. As indicated below, the undersigned is the chief financial officer, a person fulfilling an equivalent function, or other executive officer of the entity purchasing the Transferred Certificates (the "Transferee").
2. The Transferee is a "qualified institutional buyer" as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended, because (i) the Transferee owned and/or invested on a discretionary basis $______________________(1) in securities (other than the excluded securities referred to below) as of the end of the Transferee's most recent fiscal year (such amount being calculated in accordance with Rule 144A) and (ii) the Transferee satisfies the criteria in the category marked below.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Alternative Loan Trust 2006-4)
Nonliquidation Reason. By:_________________________________________ (authorized signer of Bank Banc of America Mortgage Securities, Inc.) Issuer:_____________________________________ Address:_________________________________ ____ ______________________________________ Date:_______________________________________ Custodian The Bank of New York Wells Fargo Bank, National Association Please acknowledge the execution of executio▇ ▇▇ the above request by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: __________________________________ _______________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25March 30, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, National Association, as Trustee. [_______________], By: _____________________________________________ Name: ___________________________________________ Title: __________________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇: ▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc.rica Alternative Loan Trust 2004-3, Mortgage Pass-Through Certificates, Series 20002004-13, Class ___, having an initial aggregate Certificate Balance as of January 25March 30, 2000 2004 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25March 30, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, National Association, as Trustee. All capitalized terms used ter▇▇ ▇▇ed herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, National Association Sixth Street and Marquette Avenu▇ ▇▇▇neapolis, Minnesota 55479-0113 Att▇: ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America Mortgage Securities, Inc.▇▇▇▇ ▇▇ ▇▇▇rica Alternative Loan Trust 2004-3, Mortgage Pass-Through Certificates, Series 20002004-13, Class ___, having an initial aggregate Certificate Balance as of January 25March 30, 2000 2004 of $[_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25March 30, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, National Association, as Trustee. All capitalized terms used ter▇▇ ▇▇ed herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Mort Sec Inc Mort Pas THR Cert Series 2004 3)
Nonliquidation Reason. By:_________________________________________ : -------------------------------------- (authorized signer of Bank Banc of America Mortgage Securities, Inc.) Issuer:_____________________________________ : ----------------------------------- Address:____________________________________ ____________________________________ : ---------------------------------- ------------------------------------------ Date:_______________________________________ : ------------------------------------- Custodian The --------- Wells Fargo Bank of New York Minnesota, National Association Please acknowledge the execution ▇▇▇▇ution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January March 25, 20002003, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Wells Fargo Bank of New YorkMinnesota, National Association, as Trustee. [_______________], By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Wells Fargo Bank of New York 101 Minnesota, N.A. Sixth Street and Marquette Avenue Minn▇▇▇▇▇is, Minnesota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America Mortgage Securities, Inc., ▇▇▇▇ ▇▇ ▇▇▇rica Alternative Loan Trust 2003-2 Mortgage Pass-Through Certificates, Series 20002003-12, Class ___, having an initial aggregate Certificate Balance as of January March 25, 2000 2003 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January March 25, 20002003, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Wells Fargo Bank of New YorkMinnesota, National Association, as Trustee. All capitalized capit▇▇▇▇▇d terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ ------------------------------------------ (Transferor) By:_________________________________________ : --------------------------------------- Name:_______________________________________ : ------------------------------------- Title:______________________________________ : ------------------------------------ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Wells Fargo Bank of New York 101 Minnesota, N.A. Sixth Street and Marquette Avenue Minn▇▇▇▇▇is, Minnesota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America Mortgage Securities, Inc., ▇▇▇▇ ▇▇ ▇▇▇rica Alternative Loan Trust 2003-2 Mortgage Pass-Through Certificates, Series 20002003-12, Class ___, having an initial aggregate Certificate Balance as of January March 25, 2000 2003 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January March 25, 20002003, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Wells Fargo Bank of New YorkMinnesota, National Association, as Trustee. All capitalized capit▇▇▇▇▇d terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Mortgage Sec Inc Alternative Loan Tr 2003-2)
Nonliquidation Reason. By:_________________________________________ (authorized signer of Bank Banc of America Mortgage Securities, Inc.) Issuer:_____________________________________ Address:_________________________________ ____ ______________________________________ Date:_______________________________________ Custodian The Bank of New York
A. Please acknowledge the execution of the above request re▇▇▇▇▇ by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: ___________________________________ ________________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25August 26, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. [_______________], By: :____________________________________ Name: :__________________________________ Title: :_________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇: ▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc.rica Alternative Loan Trust 2004-8, Mortgage Pass-Through Certificates, Series 20002004-18, Class ___, having an initial aggregate Certificate Balance as of January 25August 26, 2000 2004 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25August 26, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I 1 OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America Mortgage Securities, Inc.▇▇▇▇ ▇▇ ▇▇▇rica Alternative Loan Trust 2004-8, Mortgage Pass-Through Certificates, Series 20002004-18, Class ___, having an initial aggregate Certificate Balance as of January 25August 26, 2000 2004 of $[_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25August 26, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Nonliquidation Reason. By:_________________________________________ (authorized signer of Bank Banc of America Mortgage Securities, Inc.) Issuer:_____________________________________ Address:___________________________________ __ __________________________________________ Date:_______________________________________ Custodian The W▇▇▇▇ Fargo Bank of New York Minnesota, National Association Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: __________________________________ _______________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25July 24, 20002003, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The W▇▇▇▇ Fargo Bank of New YorkMinnesota, National Association, as Trustee. [_______________], By: :_______________________________________ Name: :_____________________________________ Title: :____________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The W▇▇▇▇ Fargo Bank of New York 101 Minnesota, N.A. S▇▇▇▇ ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attn: Corporate Trust Services - BOAMS 2003-G Re: Bank Banc of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002003-1G, Class ___, having an initial aggregate Certificate Balance as of January 25July 24, 2000 2003 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25July 24, 20002003, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The W▇▇▇▇ Fargo Bank of New YorkMinnesota, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The W▇▇▇▇ Fargo Bank of New York 101 Minnesota, N.A. S▇▇▇▇ ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attn: Corporate Trust Services - BOAMS 2003-G Re: Bank Banc of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002003-1G, Class ___, having an initial aggregate Certificate Balance as of January 25July 24, 2000 2003 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25July 24, 20002003, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The W▇▇▇▇ Fargo Bank of New YorkMinnesota, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Mort Sec Inc Mort Pass THR Certs Ser 2003 G)
Nonliquidation Reason. By:_________________________________________ : ---------------------------------------------- (authorized signer of Bank of America Mortgage Securities, Inc.) Issuer:_____________________________________ : ------------------------------------------- Address:____________________________________ ____________________________________ : ------------------------------------------ Date:_______________________________________ : --------------------------------------------- Custodian The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January June 25, 20002002, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________---------------], By: --------------------------------------- Name: ------------------------------------- Title: ------------------------------------ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇ ▇▇▇▇ ▇▇▇▇▇ Street - ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002002-16, Class ___, having an initial aggregate Certificate Balance as of January June 25, 2000 2002 of $___________ ----------- Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January June 25, 20002002, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ ------------------------------------ (Transferor) By:_________________________________________ : --------------------------------- Name:_______________________________________ : ------------------------------- Title:______________________________________ : ------------------------------ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇ ▇▇▇▇ ▇▇▇▇▇ Street - ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002002-16, Class ___, having an initial aggregate Certificate Balance as of January June 25, 2000 2002 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January June 25, 20002002, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bank of America Mortgage Sec Inc Mor Pa Th Cert Ser 2002-6)
Nonliquidation Reason. By:_________________________________________ : -------------------------------- (authorized signer of Bank Banc of America Mortgage Securities, Inc.Funding Corporation) Issuer:___: __________________________________ Address:___: _________________________________ ____________________________________ Date:_______ Date: ____________________________________ Custodian The Bank of New York --------- Wachovia Bank, National Association Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: __________________________________ _______________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25August 30, 20002005, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as Securities Administrator and Master Servicer, and The Bank of New York▇▇▇ Wachovia Bank, National Association, as Trustee. [_______________], By: ________________________________________ Name: ______________________________________ Title: _____________________________________ EXHIBIT G-1 FORM OF TRANSFEROR TRANSFEROR'S CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇Wells Fargo Bank, N.A. Sixth and Marquette Minneapolis, Minnesota 55479-▇▇▇▇ Street - ▇▇ ▇ Re: Banc of America Fund▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through ▇▇rough Certificates, Series 20002005-14, Class ___, having an initial aggregate Certificate Balance as of January 25August 30, 2000 2005 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25August 30, 20002005, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as Securities Administrator and Master Servicer, and The Bank of New York▇▇▇ Wachovia Bank, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_: ________________________________________ Name:_: ______________________________________ Title:_: _____________________________________ EXHIBIT G-2A FORM I 1 OF TRANSFEREE TRANSFEREE'S CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇Wells Fargo Bank, N.A. Sixth and Marquette Minneapolis, Minnesota 55479-▇▇▇▇ Street - ▇▇ ▇ Re: Banc of America Fund▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through ▇▇rough Certificates, Series 20002005-14, Class ___, having an initial aggregate Certificate Balance as of January 25August 30, 2000 2005 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25August 30, 20002005, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as Securities Administrator and Master Servicer, and The Bank of New York▇▇▇ Wachovia Bank, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Funding Corp. 2005-4 Trust)
Nonliquidation Reason. By:_________________________________________ (authorized signer of Bank of America Mortgage SecuritiesAmerica, Inc.National Association) Issuer:_____________________________________ Address:_________________________________ ____ ______________________________________ Date:_______________________________________ Custodian The Bank of New York --------- Wachovia Bank, National Association Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] November 29, 2005 [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25November 29, 20002005, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as Securities Administrator and Master Servicer, and The Bank of New York▇▇▇ Wachovia Bank, National Association, as Trustee. [_______________], By: _____________________________________________ Name: ___________________________________________ Title: __________________________________________ EXHIBIT G-1 FORM OF TRANSFEROR TRANSFEROR'S CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank November 29, 2005 Wells Fargo Bank, N.A. Sixth and Marquette Minneapolis, Minnesota 55479-▇▇▇▇ Re: Banc of New York 101 America Funding ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through ▇▇▇▇▇▇h Certificates, Series 20002005-17, Class ___, having an initial aggregate Certificate Balance as of January 25November 29, 2000 2005 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25November 29, 20002005, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as Securities Administrator and Master Servicer, and The Bank of New York▇▇▇ Wachovia Bank, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I 1 OF TRANSFEREE TRANSFEREE'S CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 November 29, 2005 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 ▇▇: ▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ Re: Bank of America Mortgage Securities▇▇▇▇▇▇▇▇▇▇▇, Inc., Mortgage Pass▇▇▇▇▇▇▇▇ ▇▇▇▇-Through ▇▇▇▇▇▇h Certificates, Series 20002005-17, Class ___, having an initial aggregate Certificate Balance as of January 25November 29, 2000 2005 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25November 29, 20002005, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as Securities Administrator and Master Servicer, and The Bank of New York▇▇▇ Wachovia Bank, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Funding Corp. 2005-7 Trust)
Nonliquidation Reason. By:_________________________________________ : ----------------------------------------- (authorized signer of Bank Banc of America Mortgage Securities, Inc.Funding Corporation) Issuer:_____________________________________ : ------------------------------------- Address:____________________________________ ____________________________________ : ------------------------------------ -------------------------------------------- Date:_______________________________________ : --------------------------------------- Custodian The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- ----------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ---------------------------------- ----------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25November 26, 20002002, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________], By: ----------------------------------------------- Name: --------------------------------------------- Title: -------------------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ - 8-West New York, New York 10286 Re: Bank Banc of America Mortgage Securities, Inc.Funding Corporation, Mortgage Pass-Through Certificates, Series 20002002-12, Class ___, having an initial aggregate Certificate Balance as of January 25November 26, 2000 2002 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25November 26, 20002002, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ -------------------------------------------- (Transferor) By:_________________________________________ : ----------------------------------------- Name:_______________________________________ : --------------------------------------- Title:______________________________________ : -------------------------------------- EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ - 8-West New York, New York 10286 Re: Bank Banc of America Mortgage Securities, Inc.Funding Corporation, Mortgage Pass-Through Certificates, Series 20002002-12, Class ___, having an initial aggregate Certificate Balance as of January 25November 26, 2000 2002 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25November 26, 20002002, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Funding Corp Mort Pass THR Cert Ser 2002-2)
Nonliquidation Reason. By:_________________________________________ : -------------------------------------- (authorized signer of Bank Banc of America Mortgage Securities, Inc.) Issuer:_____________________________________ : ----------------------------------- Address:____________________________________ ____________________________________ : ---------------------------------- ------------------------------------------ Date:_______________________________________ Custodian The Bank of New York : -------------------------------------
A. Please acknowledge the execution of the above request req▇▇▇▇ by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25June 28, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. [_______________---------------], By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ : ▇▇▇▇ ▇▇ ▇▇▇▇ Re: Bank of America Mortgage Securities, Inc.merica Alternative Loan Trust 2004-6, Mortgage Pass-Through Certificates, Series 20002004-16, Class ___, having an initial aggregate Certificate Balance as of January 25June 28, 2000 2004 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25June 28, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not an▇ ▇▇▇ otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ ------------------------------------------ (Transferor) By:_________________________________________ : --------------------------------------- Name:_______________________________________ : ------------------------------------- Title:______________________________________ : ------------------------------------ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ : ▇▇▇▇ ▇▇ ▇▇▇▇ Re: Bank of America Mortgage Securities, Inc.merica Alternative Loan Trust 2004-6, Mortgage Pass-Through Certificates, Series 20002004-16, Class ___, having an initial aggregate Certificate Balance as of January 25June 28, 2000 2004 of $[_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25June 28, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not an▇ ▇▇▇ otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
2. The Transferee has been furnished with all information regarding (a) the Depositor, (b) the Transferred Certificates and distributions thereon, (c) the nature, performance and servicing of the Mortgage Loans, (d) the Pooling and Servicing Agreement and the Trust created pursuant thereto, (e) any credit enhancement mechanism associated with the Transferred Certificate, and (f) all related matters, that it has requested.
3. If the Transferee proposes that the Transferred Certificates be registered in the name of a nominee, such nominee has completed the Nominee Acknowledgment below. Very truly yours, ------------------------------------------ (Transferor) By: --------------------------------------- Name: ------------------------------------- Title: ------------------------------------ Nominee Acknowledgment The undersigned hereby acknowledges and agrees that as to the Transferred Certificates being registered in its name, the sole beneficial owner thereof is and shall be the Transferee identified above, for whom the undersigned is acting as nominee. ------------------------------------------ (Nominee) By: --------------------------------------- Name: ------------------------------------- Title: ------------------------------------
ANNEX 1 TO EXHIBIT G-2A QUALIFIED INSTITUTIONAL BUYER STATUS UNDER SEC RULE 144A [For Transferees Other Than Registered Investment Companies] The undersigned hereby certifies as follows to [__________________] (the "Transferor") and Wells Fargo Bank, N.A., as Trustee, with respect to the mortgage pass-th▇▇▇▇▇ certificates (the "Transferred Certificates") described in the Transferee certificate to which this certification relates and to which this certification is an Annex:
1. As indicated below, the undersigned is the chief financial officer, a person fulfilling an equivalent function, or other executive officer of the entity purchasing the Transferred Certificates (the "Transferee").
2. The Transferee is a "qualified institutional buyer" as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended, because (i) the Transferee owned and/or invested on a discretionary basis $______________________[1] in securities (other than the excluded securities referred to below) as of the end of the Transferee's most recent fiscal year (such amount being calculated in accordance with Rule 144A) and (ii) the Transferee satisfies the criteria in the category marked below.
Appears in 1 contract
Nonliquidation Reason. By:_________________________________________ (authorized signer of Bank Banc of America Mortgage Securities, Inc.) Issuer:_____________________________________ Address:_________________________________ ____ ______________________________________ Date:_______________________________________ Custodian The Bank of New York
A. Please acknowledge the execution of the above request re▇▇▇▇▇ by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: __________________________________ _______________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25October 28, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. [_______________], By: _____________________________________ Name: ___________________________________ Title: __________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ : ▇▇▇▇ ▇▇ ▇▇▇▇ Re: Bank of America Mortgage Securities, Inc.merica Alternative Loan Trust 2004-10, Mortgage Pass-Through Certificates, Series 20002004-110, Class ___, having an initial aggregate Certificate Balance as of January 25October 28, 2000 2004 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25October 28, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ : ▇▇▇▇ ▇▇ ▇▇▇▇ Re: Bank of America Mortgage Securities, Inc.merica Alternative Loan Trust 2004-10, Mortgage Pass-Through Certificates, Series 20002004-110, Class ___, having an initial aggregate Certificate Balance as of January 25October 28, 2000 2004 of $[_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25October 28, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
2. The Transferee has been furnished with all information regarding (a) the Depositor, (b) the Transferred Certificates and distributions thereon, (c) the nature, performance and servicing of the Mortgage Loans, (d) the Pooling and Servicing Agreement and the Trust created pursuant thereto, (e) any credit enhancement mechanism associated with the Transferred Certificate, and (f) all related matters, that it has requested.
3. If the Transferee proposes that the Transferred Certificates be registered in the name of a nominee, such nominee has completed the Nominee Acknowledgment below. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ Nominee Acknowledgment The undersigned hereby acknowledges and agrees that as to the Transferred Certificates being registered in its name, the sole beneficial owner thereof is and shall be the Transferee identified above, for whom the undersigned is acting as nominee. ____________________________________________ (Nominee) By:_________________________________________ Name:_______________________________________ Title:______________________________________ ANNEX 1 TO EXHIBIT G-2A QUALIFIED INSTITUTIONAL BUYER STATUS UNDER SEC RULE 144A [For Transferees Other Than Registered Investment Companies] The undersigned hereby certifies as follows to [__________________] (the "Transferor") and Wells Fargo Bank, N.A., as Trustee, with respect to the mortgage pass-t▇▇▇▇▇h certificates (the "Transferred Certificates") described in the Transferee certificate to which this certification relates and to which this certification is an Annex:
1. As indicated below, the undersigned is the chief financial officer, a person fulfilling an equivalent function, or other executive officer of the entity purchasing the Transferred Certificates (the "Transferee").
2. The Transferee is a "qualified institutional buyer" as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended, because (i) the Transferee owned and/or invested on a discretionary basis $______________________(1) in securities (other than the excluded securities referred to below) as of the end of the Transferee's most recent fiscal year (such amount being calculated in accordance with Rule 144A) and (ii) the Transferee satisfies the criteria in the category marked below.
Appears in 1 contract
Nonliquidation Reason. By:_________________________________________ (authorized signer of Bank of America Mortgage Securities, Inc.[Servicer] [WMMSC Master Servicer]) Issuer:_____________________________________ Address:______________________________ _______ ____________________________________ Date:_______________________________________ Custodian The [Custodian][Trustee] -------------------- [U.S. Bank of New York National Association] [Wachovia Bank, National Association] Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian[Custodian][Trustee]: ___________________________________ ________________ Custodian [Custodian][Trustee] Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25December 29, 20002004, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWashington Mutual Mortgage Securities Corp., as WMMSC Master Servicer and Representing Party, Wells Fargo Bank, N.A., as ServicerSecurities Administrator and WF Master Servi▇▇▇, and The Bank of New YorkWachovia Bank, National Association, as Trustee. [_______________], By: :___________________________________ Name: :_________________________________ Title: :________________________________ EXHIBIT G-1 FORM OF TRANSFEROR TRANSFEROR'S CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 ▇▇: ▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ Re: Bank of America Mortgage Securities▇▇▇▇▇▇▇▇▇▇▇, Inc., Mortgage Pass▇▇▇▇▇▇▇▇ ▇▇▇▇-Through ▇▇▇▇▇▇h Certificates, Series 20002004-1D, Class ___, having an initial aggregate Certificate Balance as of January 25December 29, 2000 2004 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25December 29, 20002004, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWashington Mutual Mortgage Securities Corp., as WMMSC Master Servicer and Representing Party, Wells Fargo Bank, N.A., as ServicerSecurities Administrator and WF Master Servi▇▇▇, and The Bank of New YorkWachovia Bank, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I 1 OF TRANSFEREE TRANSFEREE'S CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 ▇▇: ▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ Re: Bank of America Mortgage Securities▇▇▇▇▇▇▇▇▇▇▇, Inc., Mortgage Pass▇▇▇▇▇▇▇▇ ▇▇▇▇-Through ▇▇▇▇▇▇h Certificates, Series 20002004-1D, Class ___, having an initial aggregate Certificate Balance as of January 25December 29, 2000 2004 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25December 29, 20002004, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWashington Mutual Mortgage Securities Corp., as WMMSC Master Servicer and Representing Party, Wells Fargo Bank, N.A., as ServicerSecurities Administrator and WF Master Servi▇▇▇, and The Bank of New YorkWachovia Bank, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Nonliquidation Reason. By:_________________________________________ : ----------------------------------------- (authorized signer of Bank Banc of America Mortgage Securities, Inc.) Issuer:_____________________________________ : ------------------------------------- Address:____________________________________ ____________________________________ : ------------------------------------ -------------------------------------------- Date:_______________________________________ : --------------------------------------- Custodian The Bank of New York Wells Fargo Bank, N.A. Please acknowledge the execution of the above request re▇▇▇▇▇ by your signature and date below: __________________________________ _______________ ---------------------------------- ---------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ---------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25May 27, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. [_______________], By: ----------------------------------------- Name: --------------------------------------- Title: -------------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇▇▇rica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002004-15, Class ___, having an initial aggregate Certificate Balance as of January 25May 27, 2000 2004 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25May 27, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) -------------------------------------------- Transferor By:_________________________________________ : ----------------------------------------- Name:_______________________________________ : --------------------------------------- Title:______________________________________ : -------------------------------------- EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇▇▇rica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002004-15, Class ___, having an initial aggregate Certificate Balance as of January 25May 27, 2000 2004 of $[_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25May 27, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Nonliquidation Reason. By:: _________________________________________ (authorized signer of Bank of America Mortgage SecuritiesAmerica, Inc.National Association) Issuer:_____________________________________ Address:____________________________________ ____________________________________ Date:_______________________________________ Custodian The Bank of New York Wells Fargo Bank, N.A. Please acknowledge the execution of the above request ▇▇▇▇▇st by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: ___________________________________ ________________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25April 27, 20002007, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. [_______________], By: ----------------------------------------------- Name: --------------------------------------------- Title: -------------------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, ▇▇▇▇esota 55479-0113 A▇▇▇: ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇merica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002007-1, 2 Class ___, having an initial aggregate Certificate Balance as of January 25April 27, 2000 2007 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25April 27, 20002007, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and ▇▇▇ not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ -------------------------------------------- (Transferor) By:_________________________________________ : ----------------------------------------- Name:_______________________________________ : --------------------------------------- Title:______________________________________ : -------------------------------------- EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, ▇▇▇▇esota 55479-0113 A▇▇▇: ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇merica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002007-12, Class ___, having an initial aggregate Certificate Balance as of January 25April 27, 2000 2007 of $[_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25April 27, 20002007, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and ▇▇▇ not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
2. The Transferee has been furnished with all information regarding (a) the Depositor, (b) the Transferred Certificates and distributions thereon, (c) the nature, performance and servicing of the Mortgage Loans, (d) the Pooling and Servicing Agreement and the Trust created pursuant thereto, (e) any credit enhancement mechanism associated with the Transferred Certificate, and (f) all related matters, that it has requested.
3. If the Transferee proposes that the Transferred Certificates be registered in the name of a nominee, such nominee has completed the Nominee Acknowledgment below. Very truly yours, -------------------------------------------- (Transferor) By: ----------------------------------------- Name: --------------------------------------- Title: -------------------------------------- Nominee Acknowledgment The undersigned hereby acknowledges and agrees that as to the Transferred Certificates being registered in its name, the sole beneficial owner thereof is and shall be the Transferee identified above, for whom the undersigned is acting as nominee. Very truly yours, -------------------------------------------- (Nominee) By: ----------------------------------------- Name: --------------------------------------- Title: --------------------------------------
ANNEX 1 TO EXHIBIT G-2A QUALIFIED INSTITUTIONAL BUYER STATUS UNDER SEC RULE 144A [For Transferees Other Than Registered Investment Companies] The undersigned hereby certifies as follows to [__________________] (the "Transferor") and Wells Fargo Bank, N.A., as Trustee, with respect to the mortgage pass-▇▇▇▇ugh certificates (the "Transferred Certificates") described in the Transferee certificate to which this certification relates and to which this certification is an Annex:
1. As indicated below, the undersigned is the chief financial officer, a person fulfilling an equivalent function, or other executive officer of the entity purchasing the Transferred Certificates (the "Transferee").
2. The Transferee is a "qualified institutional buyer" as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended, because (i) the Transferee owned and/or invested on a discretionary basis $______________________(1) in securities (other than the excluded securities referred to below) as of the end of the Transferee's most recent fiscal year (such amount being calculated in accordance with Rule 144A) and (ii) the Transferee satisfies the criteria in the category marked below.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Mortgage 2007-2 Trust)
Nonliquidation Reason. By:_: ________________________________________ (authorized signer of Bank Banc of America Mortgage Securities, Inc.Funding Corporation) Issuer:_____________________________________ Address:____________________________________ ____________________________________________ Date:_______________________________________ Custodian The --------- U.S. Bank of New York National Association Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: ___________________________________ ________________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing AgreementAgreement dated September 30, dated January 25, 20002003, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of America, N.A.Washington Mutual Mortgage Securities Corp., as ServicerMaster Servicer and Representing Party, and The Wells Fargo Bank of New YorkMinnesota, National Association, as Trustee. [_______________], By: _____________________________________________ Name: ___________________________________________ Title: __________________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Wells Fargo Bank of New York 101 Minnesota, National Association Sixth and Marquette Mi▇▇▇▇▇olis, Minnesota 55479-0113 Attn: Corporate Trust Services - BAF▇ ▇▇▇▇-▇ ▇▇: ▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc.rica Funding Corporation, Mortgage Pass-Through Certificates, Series 20002003-13, Class ___, having an initial aggregate Certificate Balance as of January 25September 30, 2000 2003 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25September 30, 20002003, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of America, N.A.Washington Mutual Mortgage Securities Corp., as ServicerMaster Servicer and Representing Party, and The Wells Fargo Bank of New YorkMinnesota, National Association, as Trustee. All capitalized capit▇▇▇▇▇d terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Wells Fargo Bank of New York 101 Minnesota, National Association Sixth and Marquette Mi▇▇▇▇▇olis, Minnesota 55479-0113 Attn: Corporate Trust Services - BAF▇ ▇▇▇▇-▇ ▇▇: ▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc.rica Funding Corporation, Mortgage Pass-Through Certificates, Series 20002003-13, Class ___, having an initial aggregate Certificate Balance as of January 25September 30, 2000 2003 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25September 30, 20002003, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of America, N.A.Washington Mutual Mortgage Securities Corp., as ServicerMaster Servicer and Representing Party, and The Wells Fargo Bank of New YorkMinnesota, National Association, as Trustee. Trustee All capitalized capita▇▇▇▇▇ terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Funding MTG Pass Thru Certs Ser 2003-3)
Nonliquidation Reason. By:__________________________________________ (authorized signer of Bank Banc of America Mortgage Securities, Inc.Funding Corporation) Issuer:_____________________________________ Address:____________________________________ ____________________________________________ Date:_______________________________________ Custodian The --------- U.S. Bank of New York National Association Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: __________________________________ _______________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25September 30, 20002004, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWashington Mutual Mortgage Securities Corp., as Master Servicer and Representing Party, and Wells Fargo Bank, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________], By: :_____________________________________ Name: :___________________________________ Title: :__________________________________ EXHIBIT G-1 FORM OF TRANSFEROR TRANSFEROR'S CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth and Marquette Minneapolis, Minnesota 55479-▇▇▇▇ Attn: Corporate Trust Services - BAFC ▇▇▇▇-▇ ▇▇: ▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc.ica Funding Corporation, Mortgage Pass-Through Certificates, Series 20002004-13, Class ___, having an initial aggregate Certificate Balance as of January 25September 30, 2000 2004 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25September 30, 20002004, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWashington Mutual Mortgage Securities Corp., as Master Servicer and Representing Party, and Wells Fargo Bank, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I 1 OF TRANSFEREE TRANSFEREE'S CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth and Marquette Minneapolis, Minnesota 55479-▇▇▇▇ Attn: Corporate Trust Services - BAFC ▇▇▇▇-▇ ▇▇: ▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc.ica Funding Corporation, Mortgage Pass-Through Certificates, Series 20002004-13, Class ___, having an initial aggregate Certificate Balance as of January 25September 30, 2000 2004 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25September 30, 20002004, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWashington Mutual Mortgage Securities Corp., as Master Servicer and Representing Party, and Wells Fargo Bank, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Nonliquidation Reason. Address to which Trustee should deliver the Trustee's Mortgage File: By:: ----------------------------------- (authorized signer) Issuer: ------------------------------- Address: ------------------------------- Date: ------------------------------- TRUSTEE [_] Please acknowledge the execution of the above request by your signature and date below: ------------------------------ ----------------------- Signature Date Documents returned to Trustee: ------------------------------ ----------------------- Trustee Date EXHIBIT F-1 FORM OF TRANSFEROR REPRESENTATION LETTER [DATED] [_] Re: Boardwalk Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series [_], Class [CE] [P], [representing a % Percentage Interest] [with an ------ aggregate Certificate Principal Balance of _____] [with a Notional Amount of ____] Ladies and Gentlemen: In connection with the transfer by __________________________ (the "Transferor") to ________________ (authorized signer of Bank of America Mortgage Securities, Inc.) Issuer:_____________________________________ Address:____________________________________ ____________________________________ Date:_______________________________________ Custodian The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: __________________________________ _______________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________], By: Name: Title: EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-1, Class ___, having an initial aggregate Certificate Balance as of January 25, 2000 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the above-captioned Certificates asset-backed pass-through certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, certifies as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. follows: Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold sold, disposed of or otherwise disposed of transferred any Transferred Certificate, any interest in a Transferred any Certificate or any other similar security to any person in any manner, (b) has solicited any offer to buy or to accept a transferpledge, pledge disposition or other disposition transfer of any Transferred Certificate, any interest in a Transferred any Certificate or any other similar security from any person in any manner, (c) has otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred any Certificate or any other similar security with any person in any manner, (d) has made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) has taken any other action with respect to any Transferred Certificateaction, any interest in a Transferred Certificate or any other similar security, which that (in the case of any each of the acts described in clauses subclauses (a) through (e) hereofabove) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), or would render the disposition of the Transferred Certificates any Certificate a violation of Section 5 of the 1933 Act or any state securities laws, law or would require registration or qualification pursuant thereto. The Transferor will not act, nor has it authorized or will it authorize any person to act, in any manner set forth in the foregoing sentence with respect to any Certificate. The Transferor will not sell or otherwise transfer any of the Transferred Certificates Certificates, except in compliance with the provisions of that certain Pooling and Servicing Agreement, dated as of [_] (the "Pooling and Servicing Agreement"), among Boardwalk Mortgage Securities Inc. as Depositor, [_] as Master Servicer and [_] as Trustee, pursuant to which Pooling and Servicing Agreement the 1933 Act or any state securities lawsCertificates were issued. Capitalized terms used but not defined herein shall have the meanings assigned thereto in the Pooling and Servicing Agreement. Very truly yours, [Transferor] By: ------------------------------ Name: Title: FORM OF TRANSFEREE REPRESENTATION LETTER [Date] [-] Re: Boardwalk Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series [_], Class [CE] [P], [representing a ___ % Percentage Interest] [with an aggregate Certificate Principal Balance of ___] [with a Notional Amount of ___] Ladies and Gentlemen: In connection with the purchase from ______________________________ (the "Transferor") on the date hereof of the captioned trust certificates (the "Certificates"), _______________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-1, Class ___, having an initial aggregate Certificate Balance as of January 25, 2000 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25, 2000, among Bank of America Mortgage Securities, Inc., hereby certifies as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, thatfollows:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Boardwalk Mortgage Securities Inc.)
Nonliquidation Reason. By:____: _____________________________________ (authorized signer of Bank of America Mortgage SecuritiesAmerica, Inc.National Association) Issuer:____: _________________________________ Address:____: ________________________________ ____________________________________ Date:____: ___________________________________ Custodian The Bank of New York --------- Wells Fargo Bank, N.A. Please acknowledge the execution of the above request ▇▇▇▇▇st by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: ___________________________________ ________________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25February 27, 20002007, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. [_______________], By: ______________________________________________ Name: ____________________________________________ Title: ___________________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, ▇▇▇▇▇▇▇ Street - ▇▇ ▇ sota 55479-0113 At▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇merica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002007-1, Class ___, having an initial aggregate Certificate Balance as of January 25February 27, 2000 2007 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25February 27, 20002007, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not ▇▇▇ ▇ot otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:____: _____________________________________ Name:___: ____________________________________ Title:___: ___________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, ▇▇▇▇▇▇▇ Street - ▇▇ ▇ sota 55479-0113 A▇▇▇ ▇: ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of ▇▇▇▇ ▇▇ America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002007-1, Class ___, having an initial aggregate Certificate Balance as of January 25February 27, 2000 2007 of $[_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25February 27, 20002007, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not ▇▇▇ ▇ot otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Mortgage 2007-1 Trust)
Nonliquidation Reason. By:_________________________________________ : ----------------------------------- (authorized signer of Bank Banc of America Mortgage Securities, Inc.Funding Corporation) Issuer:_____________________________________ : ------------------------------- Address:____________________________________ ____________________________________ : ------------------------------ --------------------------------------- Date:_______________________________________ Custodian The Bank of New York : --------------------------------- Custodian
E-1 Wachovia Bank, National Association Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ---------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25June 30, 20002005, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of America▇▇▇▇▇ Fargo Bank, N.A., as Securities Administrator and as Master Servicer, and The Bank of New YorkWachovia Bank, National Association, as Trustee. [__________________], By: ----------------------------------- Name: --------------------------------- Title: -------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR TRANSFEROR'S CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇ Fargo Bank, N.A. Sixth and Marquette ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Re: Bank Banc of America Mortgage Securities, Inc.Funding Corporation, Mortgage Pass-Through Certificates, Series 20002005-1D, Class _____, having an initial aggregate Certificate Balance as of January 25June 30, 2000 2005 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25June 30, 20002005, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of America▇▇▇▇▇ Fargo Bank, N.A., as Securities Administrator and as Master Servicer, and The Bank of New YorkWachovia Bank, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. G-1-1 Very truly yours, ____________________________________________ --------------------------------------- (Transferor) By:_________________________________________ : ----------------------------------- Name:_______________________________________ : --------------------------------- Title:______________________________________ : -------------------------------- EXHIBIT G-2A FORM I 1 OF TRANSFEREE TRANSFEREE'S CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇ Fargo Bank, N.A. Sixth and Marquette ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Re: Bank Banc of America Mortgage Securities, Inc.Funding Corporation, Mortgage Pass-Through Certificates, Series 20002005-1D, Class ___, having an initial aggregate Certificate Balance as of January 25June 30, 2000 2005 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25June 30, 20002005, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of America▇▇▇▇▇ Fargo Bank, N.A., as Securities Administrator and as Master Servicer, and The Bank of New YorkWachovia Bank, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Funding Corp. 2005-D Trust)
Nonliquidation Reason. By:_________________________________________ : -------------------------------------- (authorized signer of Bank Banc of America Mortgage Securities, Inc.) Issuer:_____________________________________ : ----------------------------------- Address:____________________________________ ____________________________________ : ---------------------------------- Date:_______________________________________ : ------------------------------------- Custodian The --------- Wells Fargo Bank of New York Minnesota, National Association Please acknowledge the execution ▇▇▇▇ution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25October 27, 20002003, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Wells Fargo Bank of New YorkMinnesota, National Association, as Trustee. [_______________], By: ______________________________________ Name: ____________________________________ Title: ___________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Wells Fargo Bank of New York 101 Minnesota, National Association Sixth Street and Marqu▇▇▇▇ Avenue Minneapolis, Minnesota 55479-0113 Att▇: ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America Mortgage Securities, Inc.▇▇▇▇ ▇▇ ▇▇erica Alternative Loan Trust 2003-9, Mortgage Pass-Through Certificates, Series 20002003-19, Class ___, having an initial aggregate Certificate Balance as of January 25October 27, 2000 2003 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25October 27, 20002003, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Wells Fargo Bank of New YorkMinnesota, National Association, as Trustee. All capitalized capit▇▇▇▇▇d terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Wells Fargo Bank of New York 101 Minnesota, National Association Sixth Street and Marqu▇▇▇▇ Avenue Minneapolis, Minnesota 55479-0113 Att▇: ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America Mortgage Securities, Inc.▇▇▇▇ ▇▇ ▇▇erica Alternative Loan Trust 2003-9, Mortgage Pass-Through Certificates, Series 20002003-19, Class ___, having an initial aggregate Certificate Balance as of January 25October 27, 2000 2003 of $[_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25October 27, 20002003, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Wells Fargo Bank of New YorkMinnesota, National Association, as Trustee. All capitalized capit▇▇▇▇▇d terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Alternative Loan Trust Ser 2003 9)
Nonliquidation Reason. By:_________________________________________ : -------------------------------------- (authorized signer of Bank of America Mortgage SecuritiesAmerica, Inc.National Association) Issuer:_____________________________________ : ----------------------------------- Address:____________________________________ ____________________________________ : ---------------------------------- ------------------------------------------ Date:_______________________________________ Custodian The Bank of New York : -------------------------------------
A. Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 2527, 20002006, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. [_______________---------------], By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, Minnesota 55479-0113 Attn: Corporate Trust Services - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ BOAMS 2006-A Re: Bank Banc of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002006-1A, Class ___, having an initial aggregate Certificate Balance as of January 2527, 2000 2006 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 2527, 20002006, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ ------------------------------------------ (Transferor) By:_________________________________________ : --------------------------------------- Name:_______________________________________ : ------------------------------------- Title:______________________________________ : ------------------------------------ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, Minnesota 55479-0113 Attn: Corporate Trust Services - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ BOAMS 2006-A Re: Bank Banc of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002006-1A, Class ___, having an initial aggregate Certificate Balance as of January 2527, 2000 2006 of $_________] _ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 2527, 20002006, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
2. The Transferee has been furnished with all information regarding (a) the Depositor, (b) the Transferred Certificates and distributions thereon, (c) the nature, performance and servicing of the Mortgage Loans, (d) the Pooling and Servicing Agreement and the Trust created pursuant thereto, (e) any credit enhancement mechanism associated with the Transferred Certificate, and (f) all related matters, that it has requested.
3. If the Transferee proposes that the Transferred Certificates be registered in the name of a nominee, such nominee has completed the Nominee Acknowledgment below. Very truly yours, ------------------------------------------ (Transferor) By: --------------------------------------- Name: ------------------------------------- Title: ------------------------------------ Nominee Acknowledgment ---------------------- The undersigned hereby acknowledges and agrees that as to the Transferred Certificates being registered in its name, the sole beneficial owner thereof is and shall be the Transferee identified above, for whom the undersigned is acting as nominee. ------------------------------------------ (Nominee) By: --------------------------------------- Name: ------------------------------------- Title: ------------------------------------
ANNEX 1 TO EXHIBIT G-2A QUALIFIED INSTITUTIONAL BUYER STATUS UNDER SEC RULE 144A [For Transferees Other Than Registered Investment Companies] The undersigned hereby certifies as follows to [__________________] (the "Transferor") and Wells Fargo Bank, N.A., as Trustee, with respect to the mortgage pass-through certificates (the "Transferred Certificates") described in the Transferee certificate to which this certification relates and to which this certification is an Annex:
1. As indicated below, the undersigned is the chief financial officer, a person fulfilling an equivalent function, or other executive officer of the entity purchasing the Transferred Certificates (the "Transferee").
2. The Transferee is a "qualified institutional buyer" as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended, because (i) the Transferee owned and/or invested on a discretionary basis $______________________(1) in securities (other than the excluded securities referred to below) as of the end of the Transferee's most recent fiscal year (such amount being calculated in accordance with Rule 144A) and (ii) the Transferee satisfies the criteria in the category marked below.
(1) Transferee must own and/or invest on a discretionary basis at least $100,000,000 in securities unless Transferee is a dealer, and, in that case, Transferee must own and/or invest on a discretionary basis at least $10,000,000 in securities.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Mortgage 2006-a Trust)
Nonliquidation Reason. By:___: ______________________________________ (authorized signer of Bank of America Mortgage Securities, Inc.) Issuer:_____________________________________ Address:__________________________________ ___ ________________________________________ Date:_______________________________________ Custodian --------- The Bank of New York Please acknowledge the execution of the above request by your signature and date below: ____________________________________ ________________ Signature Date Documents returned to Custodian: ____________________________________ ________________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January May 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [____________________], By: :_______________________________________ Name: :_____________________________________ Title: :____________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ - 12 E New York, New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-13, Class ___, having an initial aggregate Certificate Balance as of January May 25, 2000 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January May 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ - 12 E New York, New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-13, Class ___, having an initial aggregate Certificate Balance as of January May 25, 2000 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January May 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
2. The Transferee has been furnished with all information regarding (a) the Depositor, (b) the Transferred Certificates and distributions thereon, (c) the nature, performance and servicing of the Mortgage Loans, (d) the Pooling and Servicing Agreement and the Trust created pursuant thereto, (e) any credit enhancement mechanism associated with the Transferred Certificate, and (f) all related matters, that it has requested.
3. If the Transferee proposes that the Transferred Certificates be registered in the name of a nominee, such nominee has completed the Nominee Acknowledgment below. Very truly yours, ____________________________________________ (Transferor) By:________________________________________ Name:______________________________________ Title:_____________________________________ Nominee Acknowledgment ---------------------- The undersigned hereby acknowledges and agrees that as to the Transferred Certificates being registered in its name, the sole beneficial owner thereof is and shall be the Transferee identified above, for whom the undersigned is acting as nominee. ____________________________________________ (Nominee) By:_________________________________________ Name:_______________________________________ Title:______________________________________ ANNEX 1 TO EXHIBIT G-2A QUALIFIED INSTITUTIONAL BUYER STATUS UNDER SEC RULE 144A [For Transferees Other Than Registered Investment Companies] The undersigned hereby certifies as follows to [__________________] (the "Transferor") and The Bank of New York, as Trustee, with respect to the mortgage pass-through certificates (the "Transferred Certificates") described in the Transferee certificate to which this certification relates and to which this certification is an Annex:
1. As indicated below, the undersigned is the chief financial officer, a person fulfilling an equivalent function, or other executive officer of the entity purchasing the Transferred Certificates (the "Transferee").
2. The Transferee is a "qualified institutional buyer" as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended, because (i) the Transferee owned and/or invested on a discretionary basis $______________________(1) in securities (other than the excluded securities referred to below) as of the end of the Transferee's most recent fiscal year (such amount being calculated in accordance with Rule 144A) and (ii) the Transferee satisfies the criteria in the category marked below.
(1) Transferee must own and/or invest on a discretionary basis at least $100,000,000 in securities unless Transferee is a dealer, and, in that case, Transferee must own and/or invest on a discretionary basis at least $10,000,000 in securities.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pass THR Cert Ser 2000-3)
Nonliquidation Reason. By:_________________________________________ : ----------------------------------------- (authorized signer of Bank Banc of America Mortgage Securities, Inc.) Issuer:_____________________________________ : ------------------------------------- Address:____________________________________ ____________________________________ : ------------------------------------ -------------------------------------------- Date:_______________________________________ : --------------------------------------- Custodian The Bank of New York Wells Fargo Bank, National Association Please acknowledge the execution of executio▇ ▇▇ the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25April 29, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, National Association, as Trustee. [_______________], By: ----------------------------------------------- Name: --------------------------------------------- Title: -------------------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇▇erica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002004-1D, Class ___, having an initial aggregate Certificate Balance as of January 25April 29, 2000 2004 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25April 29, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, National Association, as Trustee. All capitalized terms used ter▇▇ ▇▇ed herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ -------------------------------------------- (Transferor) By:_________________________________________ : ----------------------------------------- Name:_______________________________________ : --------------------------------------- Title:______________________________________ : -------------------------------------- EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇▇erica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002004-1D, Class ___, having an initial aggregate Certificate Balance as of January 25April 29, 2000 2004 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25April 29, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, National Association, as Trustee. All capitalized terms used ter▇▇ ▇▇ed herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
2. The Transferee has been furnished with all information regarding (a) the Depositor, (b) the Transferred Certificates and distributions thereon, (c) the nature, performance and servicing of the Mortgage Loans, (d) the Pooling and Servicing Agreement and the Trust created pursuant thereto, (e) any credit enhancement mechanism associated with the Transferred Certificate, and (f) all related matters, that it has requested.
3. If the Transferee proposes that the Transferred Certificates be registered in the name of a nominee, such nominee has completed the Nominee Acknowledgment below. Very truly yours, -------------------------------------------- (Transferor) By: ----------------------------------------- Name: --------------------------------------- Title: -------------------------------------- Nominee Acknowledgment The undersigned hereby acknowledges and agrees that as to the Transferred Certificates being registered in its name, the sole beneficial owner thereof is and shall be the Transferee identified above, for whom the undersigned is acting as nominee. -------------------------------------------- (Nominee) By: ----------------------------------------- Name: --------------------------------------- Title: --------------------------------------
ANNEX 1 TO EXHIBIT G-2A QUALIFIED INSTITUTIONAL BUYER STATUS UNDER SEC RULE 144A [For Transferees Other Than Registered Investment Companies] The undersigned hereby certifies as follows to [__________________] (the "Transferor") and Wells Fargo Bank, National Association, as Trustee, with respect to the ▇▇▇▇gage pass-through certificates (the "Transferred Certificates") described in the Transferee certificate to which this certification relates and to which this certification is an Annex:
1. As indicated below, the undersigned is the chief financial officer, a person fulfilling an equivalent function, or other executive officer of the entity purchasing the Transferred Certificates (the "Transferee").
2. The Transferee is a "qualified institutional buyer" as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended, because (i) the Transferee owned and/or invested on a discretionary basis $______________________(1) in securities (other than the excluded securities referred to below) as of the end of the Transferee's most recent fiscal year (such amount being calculated in accordance with Rule 144A) and (ii) the Transferee satisfies the criteria in the category marked below.
Appears in 1 contract
Nonliquidation Reason. By:_________________________________________ : ------------------------------------ (authorized signer of Bank of America Mortgage SecuritiesAmerica, Inc.National Association) Issuer:_____________________________________ : -------------------------------- Address:____________________________________ ____________________________________ : ------------------------------- Date:_______________________________________ : ---------------------------------- Custodian The Bank of New York Wells Fargo Bank, N.A. Please acknowledge the execution of the above request ▇▇▇▇▇st by your signature and date below: __________________________________ _______________ ----------------------------------- ---------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25December 28, 20002006, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. [_________________], By: ----------------------------------------- Name: --------------------------------------- Title: -------------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, ▇▇▇▇esota 55479-0113 A▇▇▇: ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America Mortgage Securities, Inc.▇▇▇▇ ▇▇ ▇merica Alternative Loan Trust 2006-9, Mortgage Pass-Through Certificates, Series 20002006-19, Class ___, having an initial aggregate Certificate Balance as of January 25December 28, 2000 2006 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25December 28, 20002006, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and ▇▇▇ not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ -------------------------------------------- (Transferor) By:_________________________________________ : ----------------------------------------- Name:_______________________________________ : --------------------------------------- Title:______________________________________ : -------------------------------------- EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, ▇▇▇▇esota 55479-0113 A▇▇▇: ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America Mortgage Securities, Inc.▇▇▇▇ ▇▇ ▇merica Alternative Loan Trust 2006-9, Mortgage Pass-Through Certificates, Series 20002006-19, Class ___, having an initial aggregate Certificate Balance as of January 25December 28, 2000 2006 of $[_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25December 28, 20002006, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and ▇▇▇ not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Alternative Loan Trust 2006-9)
Nonliquidation Reason. By:_________________________________________ : ---------------------------------- (authorized signer of Bank of America Mortgage Securities, Inc.) Issuer:_____________________________________ : ------------------------------- Address:____________________________________ ____________________________________ : ------------------------------ ------------------------------ Date:_______________________________________ : ------------------------------ Custodian The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ------------------------------ ----------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ------------------------------ ----------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25February 21, 20002002, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________], By: ---------------------------------- Name: -------------------------------- Title: ------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇ ▇▇▇▇ ▇▇▇▇▇ Street - ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002002-1B, Class ___, having an initial aggregate Certificate Balance as of January 25February 21, 2000 2002 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25February 21, 20002002, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-1, Class ___, having an initial aggregate Certificate Balance as of January 25, 2000 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bank of America Mortgage Securities Inc 2002 B)
Nonliquidation Reason. By:_________________________________________ (authorized signer of Bank of America Mortgage Securities, Inc.applicable Servicer) Issuer:_____________________________________ Address:_________________________________ ____ ______________________________________ Date:_______________________________________ Custodian The Bank of New York --------- Wachovia Bank, National Association Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: __________________________________ _______________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25June 30, 20002005, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as ServicerMaster Servicer and Securities Administrator, and The Bank of New York▇▇▇ Wachovia Bank, National Association, as Trustee. [_______________], By: ______________________________________________ Name: ____________________________________________ Title: ___________________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇▇▇ Street - ▇▇ ▇ ota 55479 Attenti▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of ▇▇▇▇ ▇▇ America Mortgage Securities, Inc.Funding Corporation, Mortgage Pass-Through Certificates, Series 20002005-1E, Class ___, having an initial aggregate Certificate Balance as of January 25June 30, 2000 2005 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25June 30, 20002005, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as ServicerMaster Servicer and Securities Administrator, and The Bank of New York▇▇▇ Wachovia Bank, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇▇▇ Street - ▇▇ ▇ ota 55479 Attenti▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of ▇▇▇▇ ▇▇ America Mortgage Securities, Inc.Funding Corporation, Mortgage Pass-Through Certificates, Series 20002005-1E, Class ___, having an initial aggregate Certificate Balance as of January 25June 30, 2000 2005 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25June 30, 20002005, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as ServicerMaster Servicer and Securities Administrator, and The Bank of New York▇▇▇ Wachovia Bank, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Funding Corp. 2005-E Trust)
Nonliquidation Reason. By:_________________________________________ : ----------------------------------- (authorized signer of Bank Banc of America Mortgage Securities, Inc.Funding Corporation) Issuer:_____________________________________ : --------------------------------- Address:____________________________________ ____________________________________ : --------------------------------- Date:_______________________________________ : ---------------------------------- Custodian The Bank of New York Wachovia Bank, National Association Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25April 29, 20002004, among Bank Banc of America Mortgage SecuritiesFunding Corporation, as Depositor, Wells Fargo Home Mortgage, Inc., as DepositorServicer, Bank of AmericaWells Fargo Bank, N.A.Nationa▇ ▇▇▇ociation, as ServicerSecurities Administrator, and The Bank of New Yorkan▇ ▇▇▇hovia Bank, National Association, as Trustee. [_______________---------------], By: ----------------------------------- Name: ---------------------------------- Title: --------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, National Association Sixth Street and Marquette Aven▇▇ ▇▇nneapolis, Minnesota 55479-0113 At▇▇: ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America Mortgage Securities, Inc.▇▇▇▇ ▇▇ ▇▇▇rica Funding Corporation, Mortgage Pass-Through Certificates, Series 20002004-1, Class ___, having an initial aggregate Certificate Balance as of January 25April 29, 2000 2004 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25April 29, 20002004, among Bank Banc of America Mortgage SecuritiesFunding Corporation, as Depositor, Wells Fargo Home Mortgage, Inc., as DepositorServicer, Bank of AmericaWells Fargo Bank, N.A.Nationa▇ ▇▇▇ociation, as ServicerSecurities Administrator, and The Bank of New Yorkan▇ ▇▇▇hovia Bank, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ -------------------------------------------- (Transferor) By:_________________________________________ : -------------------------------------- Name:_______________________________________ : ------------------------------------- Title:______________________________________ : ------------------------------------ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, National Association Sixth Street and Marquette Aven▇▇ ▇▇nneapolis, Minnesota 55479-0113 At▇▇: ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America Mortgage Securities, Inc.▇▇▇▇ ▇▇ ▇▇▇rica Funding Corporation, Mortgage Pass-Through Certificates, Series 20002004-1, Class ___, having an initial aggregate Certificate Balance as of January 25April 29, 2000 2004 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25April 29, 20002004, among Bank Banc of America Mortgage SecuritiesFunding Corporation, as Depositor, Wells Fargo Home Mortgage, Inc., as DepositorServicer, Bank of AmericaWells Fargo Bank, N.A.Nationa▇ ▇▇▇ociation, as ServicerSecurities Administrator, and The Bank of New Yorkan▇ ▇▇▇hovia Bank, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Nonliquidation Reason. By:_________________________________________ : --------------------------------------- (authorized signer of Bank of America Mortgage Securities, Inc.) Issuer:_____________________________________ : ---------------------------------- Address:____________________________________ ____________________________________ : --------------------------------- Date:_______________________________________ : ------------------------------------ Custodian The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- ---------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ---------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 2524, 20002002, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________], By: -------------------------------------- Name: ------------------------------------ Title: ----------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇ ▇▇▇▇ ▇▇▇▇▇ Street - ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002002-1, Class ___, having an initial aggregate Certificate Balance as of January 2524, 2000 2002 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 2524, 20002002, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ -------------------------------------------- (Transferor) By:_________________________________________ : ---------------------------------------- Name:_______________________________________ : -------------------------------------- Title:______________________________________ : ------------------------------------- EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇ ▇▇▇▇ ▇▇▇▇▇ Street - ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002002-1, Class ___, having an initial aggregate Certificate Balance as of January 2524, 2000 2002 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 2524, 20002002, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
2. The Transferee has been furnished with all information regarding (a) the Depositor, (b) the Transferred Certificates and distributions thereon, (c) the nature, performance and servicing of the Mortgage Loans, (d) the Pooling and Servicing Agreement and the Trust created pursuant thereto, (e) any credit enhancement mechanism associated with the Transferred Certificate, and (f) all related matters, that it has requested.
3. If the Transferee proposes that the Transferred Certificates be registered in the name of a nominee, such nominee has completed the Nominee Acknowledgment below. Very truly yours, -------------------------------------------- (Transferor) By: ---------------------------------------- Name: -------------------------------------- Title: ------------------------------------- Nominee Acknowledgment The undersigned hereby acknowledges and agrees that as to the Transferred Certificates being registered in its name, the sole beneficial owner thereof is and shall be the Transferee identified above, for whom the undersigned is acting as nominee. -------------------------------------------- (Nominee) By: ---------------------------------------- Name: -------------------------------------- Title: -------------------------------------
ANNEX 1 TO EXHIBIT G-2A QUALIFIED INSTITUTIONAL BUYER STATUS UNDER SEC RULE 144A [For Transferees Other Than Registered Investment Companies] The undersigned hereby certifies as follows to [__________________] (the "Transferor") and The Bank of New York, as Trustee, with respect to the mortgage pass-through certificates (the "Transferred Certificates") described in the Transferee certificate to which this certification relates and to which this certification is an Annex:
1. As indicated below, the undersigned is the chief financial officer, a person fulfilling an equivalent function, or other executive officer of the entity purchasing the Transferred Certificates (the "Transferee").
2. The Transferee is a "qualified institutional buyer" as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended, because (i) the Transferee owned and/or invested on a discretionary basis $______________________1 in securities (other than the excluded securities referred to below) as of the end of the Transferee's most recent fiscal year (such amount being calculated in accordance with Rule 144A) and (ii) the Transferee satisfies the criteria in the category marked below. 1 Transferee must own and/or invest on a discretionary basis at least $100,000,000 in securities unless Transferee is a dealer, and, in that case, Transferee must own and/or invest on a discretionary basis at least $10,000,000 in securities.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pass THR Cert Ser 2002-1)
Nonliquidation Reason. By:_________________________________________ : -------------------------------------- (authorized signer of Bank of America Mortgage SecuritiesAmerica, Inc.N.A.) Issuer:_____________________________________ : ----------------------------------- Address:____________________________________ ____________________________________ : ---------------------------------- ------------------------------------------ Date:_______________________________________ Custodian The Bank of New York : -------------------------------------
A. Please acknowledge the execution of the above request re▇▇▇▇▇ by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25November 29, 20002005, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. [_______________], By: --------------------------------------- Name: ------------------------------------- Title: ------------------------------------ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇merica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002005-111, Class ___, having an initial aggregate Certificate Balance as of January 25November 29, 2000 2005 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25November 29, 20002005, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ ------------------------------------------ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇merica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002005-111, Class ___, having an initial aggregate Certificate Balance as of January 25November 29, 2000 2005 of $[_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25November 29, 20002005, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Nonliquidation Reason. By:_________________________________________ : ------------------------------------------ (authorized signer of Bank Banc of America Mortgage Securities, Inc.Funding Corporation) Issuer:_____________________________________ : -------------------------------------- Address:____________________________________ ____________________________________ : ------------------------------------- --------------------------------------------- Date:_______________________________________ Custodian The Bank of New York : ---------------------------------------- Custodian
E-1 Wachovia Bank, National Association Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25March 30, 20002005, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of America▇▇▇▇▇ Fargo Bank, N.A., as Securities Administrator and as Master Servicer, and The Bank of New YorkWachovia Bank, National Association, as Trustee. [_______________---------------], By: --------------------------------- Name: ------------------------------- Title: ------------------------------ EXHIBIT G-1 FORM OF TRANSFEROR TRANSFEROR'S CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇ Fargo Bank, N.A. Sixth and Marquette ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Re: Bank Banc of America Mortgage Securities, Inc.Funding Corporation, Mortgage Pass-Through Certificates, Series 20002005-12, Class ___, having an initial aggregate Certificate Balance as of January 25March 30, 2000 2005 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25March 30, 20002005, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of America▇▇▇▇▇ Fargo Bank, N.A., as Securities Administrator and as Master Servicer, and The Bank of New YorkWachovia Bank, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. G-1-1 Very truly yours, ____________________________________________ ---------------------------------------- (Transferor) By:_________________________________________ : ------------------------------------- Name:_______________________________________ : ----------------------------------- Title:______________________________________ : ---------------------------------- EXHIBIT G-2A FORM I 1 OF TRANSFEREE TRANSFEREE'S CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇ Fargo Bank, N.A. Sixth and Marquette ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Re: Bank Banc of America Mortgage Securities, Inc.Funding Corporation, Mortgage Pass-Through Certificates, Series 20002005-12, Class ___, having an initial aggregate Certificate Balance as of January 25March 30, 2000 2005 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25March 30, 20002005, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of America▇▇▇▇▇ Fargo Bank, N.A., as Securities Administrator and as Master Servicer, and The Bank of New YorkWachovia Bank, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Funding Corp. 2005-2 Trust)
Nonliquidation Reason. By:_________________________________________ : ------------------------------------------ (authorized signer of Bank of America Mortgage Securities, Inc.applicable Servicer) Issuer:_____________________________________ : -------------------------------------- Address:____________________________________ ____________________________________ : ------------------------------------- ------------------------------------- Date:_______________________________________ : ---------------------------------------- Custodian The Bank of New York --------- Wachovia Bank, National Association Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25September 29, 20002005, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. [________________], By: ----------------------------------------------- Name: --------------------------------------------- Title: -------------------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇▇▇ Street - ▇▇ ▇ ota 55479 Attenti▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of ▇▇▇▇ ▇▇ America Mortgage Securities, Inc.Funding Corporation, Mortgage Pass-Through Certificates, Series 20002005-1G, Class ___, having an initial aggregate Certificate Balance as of January 25September 29, 2000 2005 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25September 29, 20002005, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ -------------------------------------------- (Transferor) By:_________________________________________ : ----------------------------------------- Name:_______________________________________ : --------------------------------------- Title:______________________________________ : -------------------------------------- EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇▇▇ Street - ▇▇ ▇ ota 55479 Attenti▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of ▇▇▇▇ ▇▇ America Mortgage Securities, Inc.Funding Corporation, Mortgage Pass-Through Certificates, Series 20002005-1G, Class ___, having an initial aggregate Certificate Balance as of January 25September 29, 2000 2005 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25September 29, 20002005, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
2. The Transferee has been furnished with all information regarding (a) the Depositor, (b) the Transferred Certificates and distributions thereon, (c) the nature, performance and servicing of the Mortgage Loans, (d) the Pooling and Servicing Agreement and the Trust created pursuant thereto, (e) any credit enhancement mechanism associated with the Transferred Certificate, and (f) all related matters, that it has requested.
3. If the Transferee proposes that the Transferred Certificates be registered in the name of a nominee, such nominee has completed the Nominee Acknowledgment below. Very truly yours, -------------------------------------------- (Transferor) By: ----------------------------------------- Name: --------------------------------------- Title: -------------------------------------- Nominee Acknowledgment ---------------------- The undersigned hereby acknowledges and agrees that as to the Transferred Certificates being registered in its name, the sole beneficial owner thereof is and shall be the Transferee identified above, for whom the undersigned is acting as nominee. -------------------------------------------- (Nominee) By: ----------------------------------------- Name: --------------------------------------- Title: --------------------------------------
ANNEX 1 TO EXHIBIT G-2A QUALIFIED INSTITUTIONAL BUYER STATUS UNDER SEC RULE 144A [For Transferees Other Than Registered Investment Companies] The undersigned hereby certifies as follows to [__________________] (the "Transferor") and Wells Fargo Bank, N.A., as Trustee, with respect to the mortgage pass-t▇▇▇▇▇h certificates (the "Transferred Certificates") described in the Transferee certificate to which this certification relates and to which this certification is an Annex:
1. As indicated below, the undersigned is the chief financial officer, a person fulfilling an equivalent function, or other executive officer of the entity purchasing the Transferred Certificates (the "Transferee").
2. The Transferee is a "qualified institutional buyer" as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended, because (i) the Transferee owned and/or invested on a discretionary basis $______________________1 in securities (other than the excluded securities referred to below) as of the end of the Transferee's most recent fiscal year (such amount being calculated in accordance with Rule 144A) and (ii) the Transferee satisfies the criteria in the category marked below.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Funding Corp. 2005-G Trust)
Nonliquidation Reason. By:_________________________________________ (authorized signer of Bank of America Mortgage Securities, Inc.Servicer) Issuer:_____________________________________ Address:________________________________ _____ ____________________________________ Date:_______________________________________ Custodian The Bank of New York Wells Fargo Bank, N.A. Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: __________________________________ _______________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25February 28, 20002006, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. [_______________], By: :_____________________________________ Name: :___________________________________ Title: :__________________________________ EXHIBIT G-1 FORM OF TRANSFEROR TRANSFEROR'S CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, Minnesota 55479-0113 Attention: Corporate Trust Services - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ BAFC 2006-B Re: Bank Banc of America Mortgage Securities, Inc.Funding Corporation, Mortgage Pass-Through Certificates, Series 20002006-1B, Class ___, having an initial aggregate Certificate Balance as of January 25February 28, 2000 2006 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25February 28, 20002006, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I 1 OF TRANSFEREE TRANSFEREE'S CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, Minnesota 55479-0113 Attention: Corporate Trust Services - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ BAFC 2006-B Re: Bank Banc of America Mortgage Securities, Inc.Funding Corporation, Mortgage Pass-Through Certificates, Series 20002006-1B, Class ___, having an initial aggregate Certificate Balance as of January 25February 28, 2000 2006 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25February 28, 20002006, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of America, N.A.National Association, as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Funding Corp)
Nonliquidation Reason. By:_________________________________________ : -------------------------------------- (authorized signer of Bank Banc of America Mortgage Securities, Inc.) Issuer:_____________________________________ : ----------------------------------- Address:____________________________________ ____________________________________ : ---------------------------------- ------------------------------------------ Date:_______________________________________ : ------------------------------------- Custodian The ▇▇▇▇▇ Fargo Bank of New York Minnesota, National Association Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 2528, 20002003, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The ▇▇▇▇▇ Fargo Bank of New YorkMinnesota, National Association, as Trustee. [_______________---------------], By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The ▇▇▇▇▇ Fargo Bank of New York 101 Minnesota, N.A. ▇▇▇▇▇ ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attn: Corporate Trust Services - BoALT 2003-1 Re: Bank Banc of America Mortgage Securities, Inc., Alternative Loan Trust 2003-1 Mortgage Pass-Through Certificates, Series 20002003-1, Class ___, having an initial aggregate Certificate Balance as of January 2528, 2000 2003 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 2528, 20002003, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The ▇▇▇▇▇ Fargo Bank of New YorkMinnesota, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ ------------------------------------------ (Transferor) By:_________________________________________ : --------------------------------------- Name:_______________________________________ : ------------------------------------- Title:______________________________________ : ------------------------------------ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The ▇▇▇▇▇ Fargo Bank of New York 101 Minnesota, N.A. ▇▇▇▇▇ ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attn: Corporate Trust Services - BoALT 2003-1 Re: Bank Banc of America Mortgage Securities, Inc., Alternative Loan Trust 2003-1 Mortgage Pass-Through Certificates, Series 20002003-1, Class ___, having an initial aggregate Certificate Balance as of January 2528, 2000 2003 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 2528, 20002003, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The ▇▇▇▇▇ Fargo Bank of New YorkMinnesota, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Mort Sec Inc Alternative Loan Trust 2003-1)
Nonliquidation Reason. By:___: ______________________________________ (authorized signer of Bank of America Mortgage Securities, Inc.) Issuer:_____________________________________ Address:__________________________________ ___ ________________________________________ Date:_______________________________________ Custodian --------- The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ ________________ Signature Date Documents returned to Custodian: __________________________________ ________________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25July 26, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________], By: ______________________________________ Name: ____________________________________ Title: ___________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇1▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ - 12 East New York, New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002001-1D, Class ___, having an initial aggregate Certificate Balance as of January 25July 26, 2000 2001 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25July 26, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:___: ______________________________________ Name:___: ____________________________________ Title:___: ___________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇1▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ - 12 East New York, New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002001-1D, Class ___, having an initial aggregate Certificate Balance as of January 25July 26, 2000 2001 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25July 26, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pass THR Cert Ser 2001-D)
Nonliquidation Reason. By:_________________________________________ : -------------------------------------- (authorized signer of Bank of America Mortgage SecuritiesAmerica, Inc.N.A.) Issuer:_____________________________________ : ------------------------------------ Address:____________________________________ ____________________________________ : ------------------------------------------- Date:_______________________________________ : ------------------------------------- Custodian The Bank of New York ---------
A. Please acknowledge the execution of the above request re▇▇▇▇▇ by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25April 28, 20002005, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. [_______________[ ], --------------- By: ------------------------------------------- Name: ----------------------------------------- Title: ---------------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇▇▇ Street - ▇▇ ▇ ota 55479-0113 At▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇merica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002005-14, Class ___, having an initial aggregate Certificate Balance as of January 25April 28, 2000 2005 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25April 28, 20002005, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ -------------------------------------------- (Transferor) By:_________________________________________ : -------------------------------------- Name:_______________________________________ : ------------------------------------- Title:______________________________________ : ------------------------------------- EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇▇erica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002005-14, Class ___, having an initial aggregate Certificate Balance as of January 25April 28, 2000 2005 of $[_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25April 28, 20002005, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Nonliquidation Reason. By:_________________________________________ : -------------------------------------- (authorized signer of Bank of America Mortgage Securities, Inc.) Issuer:_____________________________________ : ----------------------------------- Address:____________________________________ ____________________________________ : ---------------------------------- Date:_______________________________________ : ------------------------------------- Custodian --------- The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25August 28, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________], By: :_______________________________________ Name: :_____________________________________ Title: :____________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ - 12 East New York, New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002001-1E, Class ___, having an initial aggregate Certificate Balance as of January 25August 28, 2000 2001 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25August 28, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ ------------------------------------------ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ - 12 East New York, New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002001-1E, Class ___, having an initial aggregate Certificate Balance as of January 25August 28, 2000 2001 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25August 28, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Mortgage Pass Through Certificates Series 2001 E)
Nonliquidation Reason. By:_________________________________________ (authorized signer of Bank Banc of America Mortgage Securities, Inc.Funding Corporation) Issuer:_____________________________________ Address:________________________________ _____ ____________________________________ Date:_______________________________________ Custodian The Bank of New York --------- Wachovia Bank, National Association Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: ___________________________________ ________________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25December 29, 20002004, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as Master Servicer, Wells Fargo Bank, N.A., as ▇▇▇▇▇ities Administrator, and The Bank of New YorkWachovia Bank, ▇▇▇▇onal Association, as Trustee. [_______________], By: :______________________________________ Name: :____________________________________ Title: :___________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth and Marquette Minneapolis, Minnesota 55479-▇▇▇▇ Attn: Corporate Trust Services - BAFC ▇▇▇▇-▇ ▇▇: ▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc.ica Funding Corporation, Mortgage Pass-Through Certificates, Series 20002004-15, Class ___, having an initial aggregate Certificate Balance as of January 25December 29, 2000 2004 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25December 29, 20002004, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as Master Servicer, Wells Fargo Bank, N.A., as ▇▇▇▇▇ities Administrator, and The Bank of New YorkWachovia Bank, ▇▇▇▇onal Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth and Marquette Minneapolis, Minnesota 55479-▇▇▇▇ Attn: Corporate Trust Services - BAFC ▇▇▇▇-▇ ▇▇: ▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc.ica Funding Corporation, Mortgage Pass-Through Certificates, Series 20002004-15, Class ___, having an initial aggregate Certificate Balance as of January 25December 29, 2000 2004 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25December 29, 20002004, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Bank of AmericaWells Fargo Bank, N.A., as Master Servicer, Wells Fargo Bank, N.A., as ▇▇▇▇▇ities Administrator, and The Bank of New YorkWachovia Bank, ▇▇▇▇onal Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Funding Corp. 2004-5 Trust)
Nonliquidation Reason. By:_________________________________________ : ------------------------------------- (authorized signer of Bank Banc of America Mortgage Securities, Inc.) Issuer:_____________________________________ : --------------------------------- Address:____________________________________ ____________________________________ : --------------------------------- ----------------------------------------- Date:_______________________________________ : ------------------------------------ Custodian The W▇▇▇▇ Fargo Bank of New York Minnesota, National Association Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25May 22, 20002003, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The W▇▇▇▇ Fargo Bank of New YorkMinnesota, National Association, as Trustee. [_______________---------------], By: ---------------------------------- Name: -------------------------------- Title: -------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The W▇▇▇▇ Fargo Bank of New York 101 Minnesota, N.A. S▇▇▇▇ ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attn: Corporate Trust Services - BOAMS 2003-4 Re: Bank Banc of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002003-14, Class ___, having an initial aggregate Certificate Balance as of January 25May 22, 2000 2003 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25May 22, 20002003, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The W▇▇▇▇ Fargo Bank of New YorkMinnesota, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-1, Class ___, having an initial aggregate Certificate Balance as of January 25, 2000 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Mort Sec Inc Mort Ps THR Certs Ser 2003-4)
Nonliquidation Reason. By:_________________________________________ : ----------------------------------- (authorized signer of Bank of America Mortgage Securities, Inc.) Issuer:_____________________________________ : ------------------------------------ Address:____________________________________ ____________________________________ : ------------------------------------ -------------------------------------------- Date:_______________________________________ : ------------------------------------- Custodian The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25August 27, 20002002, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________---------------], By: ---------------------------------- Name: ------------------------------- Title: ------------------------------ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ - 8 West New York, New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002002-1I, Class ___, having an initial aggregate Certificate Balance as of January 25August 27, 2000 2002 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25August 27, 20002002, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-1, Class ___, having an initial aggregate Certificate Balance as of January 25, 2000 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bank of America Mortgage Sec Inc Mort Ps THR Cert 2002-I)
Nonliquidation Reason. By:_________________________________________ : ----------------------------------------- (authorized signer of Bank of America Mortgage Securities, Inc.) Issuer:_____________________________________ Address:____________________________________ ____________________________________________ Date:_______________________________________ Custodian --------- The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ --------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ Custodian --------------------------------- --------------- Signature Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January July 25, 20002002, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________], By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ - 8-W New York, New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002002-1H, Class ___, having an initial aggregate Certificate Balance as of January July 25, 2000 2002 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January July 25, 20002002, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ ------------------------------------------ (Transferor) By:_________________________________________ : --------------------------------------- Name:_______________________________________ : ------------------------------------- Title:______________________________________ : ------------------------------------ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ - 8-W New York, New York 10001 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002002-1H, Class ___, having an initial aggregate Certificate Balance as of January July 25, 2000 2002 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January July 25, 20002002, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bank of America Mortgage Securities Inc M Pa Th Ce Se 2002-H)
Nonliquidation Reason. By:_________________________________________ : -------------------------------------- (authorized signer of Bank Banc of America Mortgage Securities, Inc.) Issuer:_____________________________________ : ----------------------------------- Address:____________________________________ ____________________________________ : ---------------------------------- ------------------------------------------- Date:_______________________________________ : ------------------------------------- Custodian The --------- Wells Fargo Bank of New York Minnesota, National Association Please acknowledge the execution ▇▇▇▇ution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25December 23, 20002003, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Wells Fargo Bank of New YorkMinnesota, National Association, as Trustee. [_______________---------------], By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Wells Fargo Bank of New York 101 Minnesota, N.A. Sixth Street and Marquette Avenue Minn▇▇▇▇▇is, Minnesota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇▇erica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002003-1L, Class ___, having an initial aggregate Certificate Balance as of January 25December 23, 2000 2003 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25December 23, 20002003, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Wells Fargo Bank of New YorkMinnesota, National Association, as Trustee. All capitalized capit▇▇▇▇▇d terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ -------------------------------------------- (Transferor) By:_________________________________________ : --------------------------------------- Name:_______________________________________ : ------------------------------------- Title:______________________________________ : ------------------------------------ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Wells Fargo Bank of New York 101 Minnesota, N.A. Sixth Street and Marquette Avenue Minn▇▇▇▇▇is, Minnesota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇▇erica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002003-1L, Class ___, having an initial aggregate Certificate Balance as of January 25December 23, 2000 2003 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25December 23, 20002003, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Wells Fargo Bank of New YorkMinnesota, National Association, as Trustee. All capitalized capit▇▇▇▇▇d terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Mort Sec Inc Mort Pas THR Certs Ser 2003 L)
Nonliquidation Reason. By:: ------------------------------------ (authorized signatory) Issuer: -------------------------------- Address: ------------------------------- Date: ---------------------------------- Custodian JPMorgan Chase Bank, N.A. Please acknowledge the execution of the above request by your signature and date below: ------------------------------------- ---------------------------------------- Signature Date Documents returned to Custodian: ---------------------------------------- Custodian Date EXHIBIT M FORM OF TRANSFEREE ERISA REPRESENTATION LETTER [DATE] The Bank of New York Trust Company, N.A. ▇▇▇ ▇▇▇▇▇▇, 16th Floor Houston, TX 77002 Attn: Corporate Trust Services/CMFT 2007-A1 Chase Mortgage Finance Corporation ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Third Floor Woodcliff Lake, New Jersey 07675 Re: Chase Mortgage Finance Trust Series 2007-A1, Multi-Class Mortgage Pass-Through Certificates, Series 2007-A1, [CLASS B- ] Ladies and Gentlemen: _________________ (the "Purchaser") intends to purchase from _________________________ (authorized signer the "Transferor") $_______ by original principal balance (the "Transferred Certificate") of Chase Mortgage Finance Trust Series 2007-A1, Multi-Class Mortgage Pass-Through Certificates, Series 2007-A1, [CLASS B-__] (the "Certificates"), issued pursuant to a pooling and servicing agreement, dated as of February 1, 2007 (the "Pooling and Servicing Agreement"), among Chase Mortgage Finance Corporation (the "Depositor"), JPMorgan Chase Bank, N.A. ("Chase"), as servicer (the "Servicer") and Custodian, and The Bank of America Mortgage SecuritiesNew York Trust Company, Inc.N.A., as trustee (the "Trustee") Issuer:and paying agent. [THE PURCHASER INTENDS TO REGISTER THE TRANSFERRED CERTIFICATE IN THE NAME OF _____________________________________ Address:, AS NOMINEE FOR ____________________________________ ____________________________________ Date:_______________________________________ Custodian The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: __________________________________ _______________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date.] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________], By: Name: Title: EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-1, Class ___, having an initial aggregate Certificate Balance as of January 25, 2000 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor For good and valuable consideration, the receipt and sufficiency of which is hereby certifiesacknowledged, represents we hereby certify, represent and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-1, Class ___, having an initial aggregate Certificate Balance as of January 25, 2000 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicerwarrant to, and The Bank of New Yorkcovenant with, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, thatDepositor that we:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2007-A1)
Nonliquidation Reason. By:_________________________________________ : -------------------------------------- (authorized signer of Bank Banc of America Mortgage Securities, Inc.) Issuer:_____________________________________ : ----------------------------------- Address:____________________________________ ____________________________________ : ---------------------------------- Date:_______________________________________ : ------------------------------------- Custodian The W▇▇▇▇ Fargo Bank of New York Minnesota, National Association Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25April 24, 20002003, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The W▇▇▇▇ Fargo Bank of New YorkMinnesota, National Association, as Trustee. [_______________---------------], By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The W▇▇▇▇ Fargo Bank of New York 101 Minnesota, N.A. S▇▇▇▇ ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attn: Corporate Trust Services - BOAMS 2003-D Re: Bank Banc of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002003-1D, Class ___, having an initial aggregate Certificate Balance as of January 25April 24, 2000 2003 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25April 24, 20002003, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The W▇▇▇▇ Fargo Bank of New YorkMinnesota, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ ------------------------------------------ (Transferor) By:_________________________________________ : --------------------------------------- Name:_______________________________________ : ------------------------------------- Title:______________________________________ : ------------------------------------ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The W▇▇▇▇ Fargo Bank of New York 101 Minnesota, N.A. S▇▇▇▇ ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attn: Corporate Trust Services - BOAMS 2003-D Re: Bank Banc of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002003-1D, Class ___, having an initial aggregate Certificate Balance as of January 25April 24, 2000 2003 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25April 24, 20002003, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The W▇▇▇▇ Fargo Bank of New YorkMinnesota, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pass THR Cert Ser 2003-D)
Nonliquidation Reason. By:_________________________________________ : -------------------------------------- (authorized signer of Bank Banc of America Mortgage Securities, Inc.) Issuer:_____________________________________ : ----------------------------------- Address:____________________________________ ____________________________________ : ---------------------------------- ------------------------------------------ Date:_______________________________________ : ------------------------------------- Custodian The W▇▇▇▇ Fargo Bank of New York Minnesota, National Association Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25December 23, 20002003, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The W▇▇▇▇ Fargo Bank of New YorkMinnesota, National Association, as Trustee. [_______________[ ], --------------- By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The W▇▇▇▇ Fargo Bank of New York 101 Minnesota, National Association S▇▇▇▇ ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attn: Corporate Trust Services - BoALT 2003-10 Re: Bank Banc of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002003-110, Class ___, having an initial aggregate Certificate Balance as of January 25December 23, 2000 2003 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25December 23, 20002003, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The W▇▇▇▇ Fargo Bank of New YorkMinnesota, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-1, Class ___, having an initial aggregate Certificate Balance as of January 25, 2000 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Mort Sec Inc Mort Pass THR Certs Ser 2003 10)
Nonliquidation Reason. By:_________________________________________ : -------------------------------------- (authorized signer of Bank Banc of America Mortgage Securities, Inc.) Issuer:_____________________________________ : ----------------------------------- Address:____________________________________ ____________________________________ : ---------------------------------- ------------------------------------------ Date:_______________________________________ : ------------------------------------- Custodian The --------- Wells Fargo Bank of New York Minnesota, National Association Please acknowledge the execution ▇▇▇▇ution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25October 23, 20002003, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Wells Fargo Bank of New YorkMinnesota, National Association, as Trustee. [_______________], By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Wells Fargo Bank of New York 101 Minnesota, N.A. Sixth Street and Marquette Avenue Minn▇▇▇▇▇is, Minnesota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇▇▇rica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002003-18, Class ___, having an initial aggregate Certificate Balance as of January 25October 23, 2000 2003 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25October 23, 20002003, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Wells Fargo Bank of New YorkMinnesota, National Association, as Trustee. All capitalized capit▇▇▇▇▇d terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ ------------------------------------------ (Transferor) By:_________________________________________ : --------------------------------------- Name:_______________________________________ : ------------------------------------- Title:______________________________________ : ------------------------------------ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Wells Fargo Bank of New York 101 Minnesota, N.A. Sixth Street and Marquette Avenue Minn▇▇▇▇▇is, Minnesota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇▇▇rica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002003-18, Class ___, having an initial aggregate Certificate Balance as of January 25October 23, 2000 2003 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25October 23, 20002003, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Wells Fargo Bank of New YorkMinnesota, National Association, as Trustee. All capitalized capit▇▇▇▇▇d terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
2. The Transferee has been furnished with all information regarding (a) the Depositor, (b) the Transferred Certificates and distributions thereon, (c) the nature, performance and servicing of the Mortgage Loans, (d) the Pooling and Servicing Agreement and the Trust created pursuant thereto, (e) any credit enhancement mechanism associated with the Transferred Certificate, and (f) all related matters, that it has requested.
3. If the Transferee proposes that the Transferred Certificates be registered in the name of a nominee, such nominee has completed the Nominee Acknowledgment below. Very truly yours, ------------------------------------------ (Transferor) By: --------------------------------------- Name: ------------------------------------- Title: ------------------------------------ Nominee Acknowledgment ---------------------- The undersigned hereby acknowledges and agrees that as to the Transferred Certificates being registered in its name, the sole beneficial owner thereof is and shall be the Transferee identified above, for whom the undersigned is acting as nominee. ------------------------------------------ (Nominee) By: --------------------------------------- Name: ------------------------------------- Title: ------------------------------------
ANNEX 1 TO EXHIBIT G-2A QUALIFIED INSTITUTIONAL BUYER STATUS UNDER SEC RULE 144A [For Transferees Other Than Registered Investment Companies] The undersigned hereby certifies as follows to [__________________] (the "Transferor") and Wells Fargo Bank Minnesota, National Association, as Trustee, with resp▇▇▇ ▇o the mortgage pass-through certificates (the "Transferred Certificates") described in the Transferee certificate to which this certification relates and to which this certification is an Annex:
1. As indicated below, the undersigned is the chief financial officer, a person fulfilling an equivalent function, or other executive officer of the entity purchasing the Transferred Certificates (the "Transferee").
2. The Transferee is a "qualified institutional buyer" as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended, because (i) the Transferee owned and/or invested on a discretionary basis $______________________(1) in securities (other than the excluded securities referred to below) as of the end of the Transferee's most recent fiscal year (such amount being calculated in accordance with Rule 144A) and (ii) the Transferee satisfies the criteria in the category marked below.
(1) Transferee must own and/or invest on a discretionary basis at least $100,000,000 in securities unless Transferee is a dealer, and, in that case, Transferee must own and/or invest on a discretionary basis at least $10,000,000 in securities.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Mort Sec Inc Mort Pass THR Certs Ser 2003-8)
Nonliquidation Reason. By:_________________________________________ : -------------------------------------- (authorized signer of Bank Banc of America Mortgage Securities, Inc.Funding Corporation) Issuer:_____________________________________ : ---------------------------------- Address:____________________________________ ____________________________________ : --------------------------------- Date:_______________________________________ Custodian The Bank of New York : ------------------------------------
A. Please acknowledge the execution of the above request re▇▇▇▇▇ by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25August 27, 20002004, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Wells Fargo Bank, N.A., a Servicer, Bank of America, N.A., as a Servicer, ▇▇▇▇▇ Fargo Bank, N.A., as Securities Administrator, and The Bank of New YorkWachovia Bank, ▇▇▇▇onal Association, as Trustee. [________________], By: ------------------------------------ Name: ---------------------------------- Title: --------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America Mortgage Securities, Inc.▇▇▇▇ ▇▇ ▇▇▇▇ica Funding Corporation, Mortgage Pass-Through Certificates, Series 20002004-1A, Class ___, having an initial aggregate Certificate Balance as of January 25August 27, 2000 2004 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25August 27, 20002004, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Wells Fargo Bank, N.A., a Servicer, Bank of America, N.A., as a Servicer, ▇▇▇▇▇ Fargo Bank, N.A. as Securities Administrator, and The Bank of New YorkWachovia Bank, ▇▇▇▇▇nal Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ -------------------------------------------- (Transferor) By:_________________________________________ : ----------------------------------------- Name:_______________________________________ : --------------------------------------- Title:______________________________________ : -------------------------------------- EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America Mortgage Securities, Inc.▇▇▇▇ ▇▇ ▇▇▇rica Funding Corporation, Mortgage Pass-Through Certificates, Series 20002004-1A, Class ___, having an initial aggregate Certificate Balance as of January 25August 27, 2000 2004 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25August 27, 20002004, among Bank Banc of America Mortgage Securities, Inc.Funding Corporation, as Depositor, Wells Fargo Bank, N.A., a Servicer, Bank of America, N.A., as a Servicer, ▇▇▇▇▇ Fargo Bank, N.A., as Securities Administrator, and The Bank of New YorkWachovia Bank, ▇▇▇▇onal Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Nonliquidation Reason. By:_________________________________________ : -------------------------------- (authorized signer of Bank Banc of America Mortgage Securities, Inc.Funding Corporation) Issuer:_____________________________________ : ---------------------------- Address:____________________________________ ____________________________________ : --------------------------- Date:_______________________________________ : ------------------------------ Custodian The Bank of New York Wachovia Bank, National Association Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ --------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ --------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25April 30, 20002003, among Bank Banc of America Mortgage SecuritiesFunding Corporation, as Depositor, Wells Fargo Home Mortgage, Inc., as DepositorServicer, Wells Fargo Bank of AmericaMinnesot▇, N.A.▇▇tional Association, as ServicerSecurities Adminis▇▇▇▇▇r, and The Bank of New YorkWachovia Bank, National Association, as Trustee. [_______________---------------], ------------------------------------ Print Name of Transferee By: -------------------------------- Name: ------------------------------- Title: ------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Wells Fargo Bank of New York 101 Minnesota, National Association Sixth Street and Marqu▇▇▇▇ Avenue Minneapolis, Minnesota 55479-0113 Att▇: ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America Mortgage Securities, Inc.▇▇▇▇ ▇▇ ▇▇▇rica Funding Corporation, Mortgage Pass-Through Certificates, Series 20002003-1, Class ___, having an initial aggregate Certificate Balance as of January 25April 30, 2000 2003 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25April 30, 20002003, among Bank Banc of America Mortgage SecuritiesFunding Corporation, as Depositor, Wells Fargo Home Mortgage, Inc., as DepositorServicer, Wells Fargo Bank of AmericaMinnesot▇, N.A.▇▇tional Association, as ServicerSecurities Adminis▇▇▇▇▇r, and The Bank of New YorkWachovia Bank, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ ------------------------------------ (Transferor) By:_________________________________________ : -------------------------------- Name:_______________________________________ : ------------------------------- Title:______________________________________ : ------------------------------- EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Wells Fargo Bank of New York 101 Minnesota, National Association Sixth Street and Marqu▇▇▇▇ Avenue Minneapolis, Minnesota 55479-0113 Att▇: ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America Mortgage Securities, Inc.▇▇▇▇ ▇▇ ▇▇▇rica Funding Corporation, Mortgage Pass-Through Certificates, Series 20002003-1, Class ___, having an initial aggregate Certificate Balance as of January 25April 30, 2000 2003 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25April 30, 20002003, among Bank Banc of America Mortgage SecuritiesFunding Corporation, as Depositor, Wells Fargo Home Mortgage, Inc., as DepositorServicer, Wells Fargo Bank of AmericaMinnesot▇, N.A.▇▇tional Association, as ServicerSecurities Adminis▇▇▇▇▇r, and The Bank of New YorkWachovia Bank, National Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Funding Corp Mort Pas THR Certs Ser 2003 1)
Nonliquidation Reason. By:_________________________________________ : ----------------------------------------- (authorized signer of Bank of America Mortgage BA Residential Securities, Inc.) Issuer:_____________________________________ : ------------------------------------- Address:____________________________________ ____________________________________ : ------------------------------------ -------------------------------------------- Date:_______________________________________ : --------------------------------------- Custodian The Bank of New York ------------------------ Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25, 2000200 , among Bank of America Mortgage BA Residential Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York____________________, as Trustee. [_________________], By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ______________________ ______________________ ______________________ Re: Bank of America Mortgage BA Residential Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-1200 - , Class ___, having an initial aggregate Certificate Balance as of January 25, 2000 200 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25, 2000200 , among Bank of America Mortgage BA Residential Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York____________________, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ______________________-------------------------------------------- (Transferor) By: ----------------------------------------- Name: --------------------------------------- Title: -------------------------------------- EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] ______________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage BA Residential Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-1200 - , Class ___, having an initial aggregate Certificate Balance as of January 25, 2000 200 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25, 2000200 , among Bank of America Mortgage BA Residential Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York___________________, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
2. The Transferee has been furnished with all information regarding (a) the Depositor, (b) the Transferred Certificates and distributions thereon, (c) the nature, performance and servicing of the Mortgage Loans, (d) the Pooling and Servicing Agreement and the Trust created pursuant thereto, (e) any credit enhancement mechanism associated with the Transferred Certificate, and (f) all related matters, that it has requested.
3. If the Transferee proposes that the Transferred Certificates be registered in the name of a nominee, such nominee has completed the Nominee Acknowledgment below. Very truly yours, -------------------------------------------- (Transferor) By: ----------------------------------------- Name: --------------------------------------- Title: --------------------------------------
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Ba Residential Securities Inc)
Nonliquidation Reason. By:___: ______________________________________ (authorized signer of Bank of America Mortgage Securities, Inc.) Issuer:_____________________________________ Address:____________________________________ ____________________________________ Date:_______________________________________ Custodian The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ Signature Date Documents returned to Custodian: ___________________________________ ________________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January September 25, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________], By: _____________________________________ Name: ___________________________________ Title: __________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇1▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ - 12 E New York, New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002001-110, Class ___, having an initial aggregate Certificate Balance as of January September 25, 2000 2001 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January September 25, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇1▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ - 12 E New York, New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002001-110, Class ___, having an initial aggregate Certificate Balance as of January September 25, 2000 2001 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January September 25, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pass THR Cert Ser 2001-10)
Nonliquidation Reason. By:_________________________________________ : ------------------------------------ (authorized signer of Bank of America Mortgage Securities, Inc.signer) Issuer:_____________________________________ : -------------------------------- Address:____________________________________ ____________________________________ : ------------------------------- Date:_______________________________________ : ---------------------------------- Custodian The Bank of New York ▇▇▇▇▇ Fargo Bank, N.A. Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ Please acknowledge the execution of the above request by your signature and date below: ------------------------------------- ---------------------------------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ------------------------------------- ---------------------------------------- Custodian Date EXHIBIT F L FORM OF ANNUAL CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] Re: The [_______________] hereby certifies that it has established a agreement dated as of [__________] Account pursuant to Section _ l, 200[________] of the Pooling and Servicing Agreement, dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________], By: Name: Title: EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-1, Class ___, having an initial aggregate Certificate Balance as of January 25, 2000 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours[IDENTIFY PARTIES] I, ____________________________________________ (Transferor) By:__________________, the _______________________ of [NAME OF COMPANY] (the "Company"), certify to [the Purchaser], [the Depositor], and the [Master Servicer] [Securities Administrator] [Trustee], and their officers, with the knowledge and intent that they will rely upon this certification, that:
(1) I have reviewed, or persons under my supervision have reviewed, the servicer compliance statement of the Company provided in accordance with Item 1123 of Regulation AB (the "Compliance Statement"), the report on assessment of the Company's compliance with the servicing criteria set forth in Item 1122(d) of Regulation AB (the "Servicing Criteria"), provided in accordance with Rules 13a-18 and 15d-18 under Securities Exchange Act of 1934, as amended (the "Exchange Act") and Item 1122 of Regulation AB (the "Servicing Assessment"), the registered public accounting firm's attestation report provided in accordance with Rules 13a-18 and 15d-18 under the Exchange Act and Section 1122(b) of Regulation AB (the "Attestation Report"), and all servicing reports, officer's certificates and other information relating to the servicing of the Mortgage Loans by the Company during 200[ ] that were delivered by the Company to the [Depositor] [Master Servicer] [Securities Administrator] [Trustee] pursuant to the Agreement (collectively, the "Company Servicing Information");
(2) Based on my knowledge, the Company Servicing Information, 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 the light of the circumstances under which such statements were made, not misleading with respect to the period of time covered by the Company Servicing Information;
(3) Based on my knowledge, all of the Company Servicing Information required to be provided by the Company under the Agreement has been provided to the [Depositor] [Master Servicer] [Securities Administrator] [Trustee];
(4) I am responsible for reviewing the activities performed by the Company as servicer under the Agreement, and based on my knowledge and the compliance review conducted in preparing the Compliance Statement and except as disclosed in the Compliance Statement, the Servicing Assessment or the Attestation Report, the Company has fulfilled its obligations under the Agreement in all material respects; and
(5) The Compliance Statement required to be delivered by the Company pursuant to this Agreement, and the Servicing Assessment and Attestation Report required to be provided by the Company and by any Subservicer and Subcontractor pursuant to the Agreement, have been provided to the [Depositor] [Master Servicer]. Any material instances of noncompliance described in such reports have been disclosed to the [Depositor] [Master Servicer]. Any material instance of noncompliance with the Servicing Criteria has been disclosed in such reports. Date: ---------------------------------- By: ------------------------------------ Name:_______________________________________ : ---------------------------------- Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 : --------------------------------- ▇▇▇▇▇▇▇ Street ▇-▇ STANDARD FILE LAYOUT - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Bank MASTER SERVICING COLUMN NAME DESCRIPTION DECIMAL FORMAT COMMENT MAX SIZE ----------- ------------------------------------ ------- -------------------- --------- SER_INVESTOR_NBR A value assigned by the Servicer to Text up to 10 digits 20 define a group of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2000-1, Class ___, having an initial aggregate Certificate Balance loans. LOAN_NBR A unique identifier assigned to each Text up to 10 digits 10 loan by the investor. SERVICER_LOAN_NBR A unique number assigned to a loan Text up to 10 digits 10 by the Servicer. This may be different than the LOAN_NBR. BORROWER_NAME The borrower name as of January 25, 2000 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25, 2000, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth received in the Pooling Maximum length of 30 30 file. It is not separated by first (Last, First) and Servicing Agreementlast name. SCHED_PAY_AMT Scheduled monthly principal and 2 No commas(,) or 11 scheduled interest payment that a dollar signs ($) borrower is expected to pay, P&I constant. NOTE_INT_RATE The Transferor hereby certifies, represents and warrants loan interest rate as reported 4 Max length of 6 6 by the Servicer. NET_INT_RATE The loan gross interest rate less 4 Max length of 6 6 the service fee rate as reported by the Servicer. SERV_FEE_RATE The servicer's fee rate for a loan 4 Max length of 6 6 as reported by the Servicer. SERV_FEE_AMT The servicer's fee amount for a loan 2 No commas(,) or 11 as reported by the Servicer. dollar signs ($) NEW_PAY_AMT The new loan payment amount as 2 No commas(,) or 11 reported by the Servicer. dollar signs ($) NEW_LOAN_RATE The new loan rate as reported by the 4 Max length of 6 6 Servicer. ARM_INDEX_RATE The index the Servicer is using to you, as Trustee, that:
1. The Transferee is 4 Max length of 6 6 calculate a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Actforecasted rate.
Appears in 1 contract
Sources: Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-A2)
Nonliquidation Reason. By:_________________________________________ : -------------------------------------- (authorized signer of Bank of America Mortgage Securities, Inc.) Issuer:_____________________________________ : ----------------------------------- Address:____________________________________ ____________________________________ : ---------------------------------- ------------------------------------------ Date:_______________________________________ : ------------------------------------- Custodian --------- The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25April 24, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. [_______________], By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇1▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ - 12 E New York, New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002001-1A, Class ___, having an initial aggregate Certificate Balance as of January 25April 24, 2000 2001 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25April 24, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ ------------------------------------------ (Transferor) By:_________________________________________ : --------------------------------------- Name:_______________________________________ : ------------------------------------- Title:______________________________________ : ------------------------------------ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇1▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ - 12 E New York, New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002001-1A, Class ___, having an initial aggregate Certificate Balance as of January 25April 24, 2000 2001 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25April 24, 20002001, among Bank of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
2. The Transferee has been furnished with all information regarding (a) the Depositor, (b) the Transferred Certificates and distributions thereon, (c) the nature, performance and servicing of the Mortgage Loans, (d) the Pooling and Servicing Agreement and the Trust created pursuant thereto, (e) any credit enhancement mechanism associated with the Transferred Certificate, and (f) all related matters, that it has requested.
3. If the Transferee proposes that the Transferred Certificates be registered in the name of a nominee, such nominee has completed the Nominee Acknowledgment below. Very truly yours, ------------------------------------------ (Transferor) By: --------------------------------------- Name: ------------------------------------- Title: ------------------------------------ Nominee Acknowledgment ---------------------- The undersigned hereby acknowledges and agrees that as to the Transferred Certificates being registered in its name, the sole beneficial owner thereof is and shall be the Transferee identified above, for whom the undersigned is acting as nominee. ------------------------------------------ (Nominee) By: --------------------------------------- Name: ------------------------------------- Title: ------------------------------------
ANNEX 1 TO EXHIBIT G-2A QUALIFIED INSTITUTIONAL BUYER STATUS UNDER SEC RULE 144A [For Transferees Other Than Registered Investment Companies] The undersigned hereby certifies as follows to [__________________] (the "Transferor") and The Bank of New York, as Trustee, with respect to the mortgage pass-through certificates (the "Transferred Certificates") described in the Transferee certificate to which this certification relates and to which this certification is an Annex:
1. As indicated below, the undersigned is the chief financial officer, a person fulfilling an equivalent function, or other executive officer of the entity purchasing the Transferred Certificates (the "Transferee").
2. The Transferee is a "qualified institutional buyer" as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended, because (i) the Transferee owned and/or invested on a discretionary basis $______________________(1) in securities (other than the excluded securities referred to below) as of the end of the Transferee's most recent fiscal year (such amount being calculated in accordance with Rule 144A) and (ii) the Transferee satisfies the criteria in the category marked below.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bank of America Mortgage Sec Inc Mor Ps THR Cer Ser 2001-A)
Nonliquidation Reason. By:_________________________________________ : ------------------------------------- (authorized signer of Bank Banc of America Mortgage Securities, Inc.) Issuer:_____________________________________ Address:_____________________________ ________ ____________________________________ Date:_______________________________________ Custodian The Bank of New York --------- Wells Fargo Bank, N.A. Please acknowledge the execution of the above request r▇▇▇▇▇t by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25July 28, 20002005, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. [_____________________________], By: --------------------------------- Name: ------------------------------- Title: ------------------------------ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇▇▇ Street - ▇▇ ▇ ota 55479-0113 At▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇ Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002005-1G, Class ___, having an initial aggregate Certificate Balance as of January 25July 28, 2000 2005 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25July 28, 20002005, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ ------------------------------------- (Transferor) By:_________________________________________ : --------------------------------- Name:_______________________________________ : ------------------------------- Title:______________________________________ : ------------------------------ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇▇▇ Street - ▇▇ ▇ ota 55479-0113 At▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇▇erica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002005-1G, Class ___, having an initial aggregate Certificate Balance as of January 25July 28, 2000 2005 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25July 28, 20002005, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Nonliquidation Reason. By:_________________________________________ (authorized signer of Bank of America Mortgage SecuritiesAmerica, Inc.National Association) Issuer:_____________________________________ Address:____________________________________ ____________________________________________ Date:_______________________________________ Custodian The --------- LaSalle Bank of New York National Association Please acknowledge the execution of the above request by your signature and date below: __________________________________ ________________ Signature Date Documents returned to Custodian: __________________________________ ________________ Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25[________], 200020[__], among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A.National Association, as Servicer, LaSalle Bank National Association, as Securities Administrator and The U.S. Bank of New YorkNational Association, as Trustee. [_______________], By: :_______________________________________________ Name: :_____________________________________________ Title: :____________________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The LaSalle Bank of New York 101 National Association 135 South LaSalle Street, Suite 1511 Chicago, Illinois, 60603 Attn: B▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇[__]-[__] ▇▇, : ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc.▇▇[__]-[__] Trust, Mortgage Pass-Through Certificates, Series 2000-120[__]-[__], Class ___, having an initial aggregate Certificate Balance as of January 25[________], 2000 20[__] of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25[________], 200020[__], among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A.National Association, as Servicer, LaSalle Bank National Association, as Securities Administrator and The U.S. Bank of New YorkNational Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_________________________________________ Name:_______________________________________ Title:______________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The LaSalle Bank of New York 101 National Association 135 South LaSalle Street, Suite 1511 Chicago, Illinois, 60603 Attn: B▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇[__]-[__] ▇▇, : ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Re: Bank of America Mortgage Securities, Inc.▇▇[__]-[__] Trust, Mortgage Pass-Through Certificates, Series 2000-120[__]-[__], Class ___, having an initial aggregate Certificate Balance as of January 25[________], 2000 20[__] of $[_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25[________], 200020[__], among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A.National Association, as Servicer, LaSalle Bank National Association, as Securities Administrator and The U.S. Bank of New YorkNational Association, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as TrusteeSecurities Administrator, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Mortgage Securities Inc)
Nonliquidation Reason. By:_________________________________________ : ----------------------------------------- (authorized signer of Bank of America Mortgage SecuritiesAmerica, Inc.N.A.) Issuer:_____________________________________ : ------------------------------------- Address:____________________________________ ____________________________________ : ------------------------------------ ------------------------------------ Date:_______________________________________ : --------------------------------------- Custodian The Bank of New York ---------
A. Please acknowledge the execution of the above request re▇▇▇▇▇ by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25August 30, 20002005, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. [_______________], By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇▇erica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002005-18, Class ___, having an initial aggregate Certificate Balance as of January 25August 30, 2000 2005 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25August 30, 20002005, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ -------------------------------------------- (Transferor) By:_________________________________________ : ----------------------------------------- Name:_______________________________________ : --------------------------------------- Title:______________________________________ : -------------------------------------- EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, N.A. Sixth Street and Marquette Avenue Minneapolis, M▇▇▇▇▇ota 55479-0113 Att▇▇ Street - ▇▇ ▇ ▇▇▇ : ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of America ▇▇▇▇ ▇▇ ▇▇▇rica Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002005-18, Class ___, having an initial aggregate Certificate Balance as of January 25August 30, 2000 2005 of $[_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25August 30, 20002005, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, N.A., as Trustee. All capitalized terms used herein and not a▇▇ ▇▇t otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Nonliquidation Reason. By:_: ________________________________________ (authorized signer of Bank of America Mortgage Securities, Inc.) Issuer:_: ____________________________________ Address:_: ___________________________________ ____________________________________________ Date:_: ______________________________________ Custodian --------- The Bank of New York Please acknowledge the execution of the above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25June 24, 20001999, among Bank of America Mortgage Securities, Inc., as Depositor, NationsBanc Mortgage Corporation, as Servicer, Bank of America, N.A.FSB, as Servicer, and The Bank of New York, as Trustee. [_______________], By: ______________________________________ Name: ____________________________________ Title: ___________________________________ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ - 12 E New York, New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20001999-16, Class ___, having an initial aggregate Certificate Balance as of January 25June 24, 2000 1999 of $___________ Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25June 24, 20001999, among Bank of America Mortgage Securities, Inc., as Depositor, NationsBanc Mortgage Corporation, as Servicer, Bank of America, N.A.FSB, as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ (Transferor) By:_: ________________________________________ Name:_: ______________________________________ Title:_: _____________________________________ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ - 12 E New York, New York 10286 Re: Bank of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20001999-16, Class ___, having an initial aggregate Certificate Balance as of January 25June 24, 2000 1999 of $_________] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25June 24, 20001999, among Bank of America Mortgage Securities, Inc., as Depositor, NationsBanc Mortgage Corporation, as Servicer, Bank of America, N.A.FSB, as Servicer, and The Bank of New York, as Trustee. All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pass THR Cert Ser 1999-6)
Nonliquidation Reason. By:_________________________________________ : ----------------------------------------- (authorized signer of Bank Banc of America Mortgage Securities, Inc.) Issuer:_____________________________________ : -------------------------------------- Address:____________________________________ ____________________________________ : ------------------------------------- Date:_______________________________________ : ---------------------------------------- Custodian The Bank of New York --------- Wells Fargo Bank, National Association Please acknowledge the execution of the ▇▇ ▇he above request by your signature and date below: __________________________________ _______________ ---------------------------------- --------------- Signature Date Documents returned to Custodian: __________________________________ _______________ ----------------------------------- ---------------- Custodian Date EXHIBIT F FORM OF CERTIFICATION OF ESTABLISHMENT OF ACCOUNT [Date] [_______________] hereby certifies that it has established a [__________] Account pursuant to Section [________] of the Pooling and Servicing Agreement, dated January 25March 30, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, National Association, as Trustee. [_______________---------------], By: --------------------------------------- Name: ------------------------------------- Title: ------------------------------------ EXHIBIT G-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, National Association Sixth Street and Marquette Avenu▇ ▇▇▇neapolis, Minnesota 55479-0113 Att▇: ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank of ▇▇▇▇ ▇▇ America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002004-13, Class ___, having an initial aggregate Certificate Balance as of January 25March 30, 2000 2004 of $___________ ----------- Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [______________] (the "Transferor") to [______________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25March 30, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, National Association, as Trustee. All capitalized terms used ter▇▇ ▇▇ed herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferor is the lawful owner of the Transferred Certificates with the full right to transfer such Certificates free from any and all claims and encumbrances whatsoever.
2. Neither the Transferor nor anyone acting on its behalf has (a) offered, transferred, pledged, sold or otherwise disposed of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security to any person in any manner, (b) solicited any offer to buy or accept a transfer, pledge or other disposition of any Transferred Certificate, any interest in a Transferred Certificate or any other similar security from any person in any manner, (c) otherwise approached or negotiated with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security with any person in any manner, (d) made any general solicitation with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security by means of general advertising or in any other manner, or (e) taken any other action with respect to any Transferred Certificate, any interest in a Transferred Certificate or any other similar security, which (in the case of any of the acts described in clauses (a) through (e) hereof) would constitute a distribution of the Transferred Certificates under the Securities Act of 1933, as amended (the "1933 Act"), would render the disposition of the Transferred Certificates a violation of Section 5 of the 1933 Act or any state securities laws, or would require registration or qualification of the Transferred Certificates pursuant to the 1933 Act or any state securities laws. Very truly yours, ____________________________________________ ------------------------------------ (Transferor) By:_________________________________________ : --------------------------------- Name:_______________________________________ : ------------------------------- Title:______________________________________ : ------------------------------ EXHIBIT G-2A FORM I OF TRANSFEREE CERTIFICATE FOR TRANSFERS OF PRIVATE CERTIFICATES [Date] The Bank of New York 101 Wells Fargo Bank, National Association Sixth Street and Marquette Avenu▇ ▇▇▇neapolis, Minnesota 55479-0113 Att▇: ▇▇▇▇▇▇▇ Street - ▇▇ ▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re▇▇▇▇▇▇▇▇ - ▇▇▇▇▇ ▇▇▇▇-▇ ▇▇: Bank ▇▇▇▇ of America Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 20002004-13, Class ___, having an initial aggregate Certificate Balance as of January 25March 30, 2000 2004 of $_________[---------] Ladies and Gentlemen: This letter is delivered to you in connection with the transfer by [_______________] (the "Transferor") to [_________________________________] (the "Transferee") of the captioned Certificates (the "Transferred Certificates"), pursuant to Section 6.02 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated January 25March 30, 20002004, among Bank Banc of America Mortgage Securities, Inc., as Depositor, Bank of America, N.A., as Servicer, and The Bank of New YorkWells Fargo Bank, National Association, as Trustee. All capitalized terms used ter▇▇ ▇▇ed herein and not otherwise defined shall have the respective meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Trustee, that:
1. The Transferee is a "qualified institutional buyer" (a "Qualified Institutional Buyer") as that term is defined in Rule 144A ("Rule 144A") under the Securities Act of 1933, as amended (the "1933 Act"), and has completed one of the forms of certification to that effect attached hereto as Annex 1 and Annex 2. The Transferee is aware that the sale to it is being made in reliance on Rule 144A. The Transferee is acquiring the Transferred Certificates for its own account or for the account of another Qualified Institutional Buyer, and understands that such Transferred Certificates may be resold, pledged or transferred only (a) to a person reasonably believed to be a Qualified Institutional Buyer that purchases for its own account or for the account of another Qualified Institutional Buyer to whom notice is given that the resale, pledge or transfer is being made in reliance on Rule 144A, or (b) pursuant to another exemption from registration under the 1933 Act.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Mortgag Sec Inc Pass Thru Cert Series 2004-3)