Reports to be Provided by the Servicer. (a) By 3:00 p.m. eastern time on the second Business Day following the fifteenth (15th) day of each month (the “Servicer Reporting Date”), the Servicer shall deliver to the Indenture Trustee, the Underwriter, Intex and Bloomberg a Servicer Remittance Report for the related Servicer Remittance Date in an electronic format reporting on a loan-by-loan basis in such format as the Servicer and the Indenture Trustee may agree, and setting forth the following information with respect to all Mortgage Loans as well as a break out as to each Loan Group as of the close of business on the last Business Day of the prior calendar month (except as otherwise provided in clause (v) below): (i) the total number of Mortgage Loans and the Aggregate Principal Balances thereof, together with the number, Aggregate Principal Balances of such Mortgage Loans and the percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans (A) 31-60 days Delinquent, (B) 61-90 days Delinquent and (C) 91 or more days Delinquent; (ii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans in foreclosure proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i); (iii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to Mortgagors in bankruptcy proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i); (iv) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to REO Properties and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i); (v) the weighted average Mortgage Interest Rate for the Mortgage Loans in Loan Group I and Loan Group II, in each case, as of the Due Date occurring in the Due Period related to such Payment Date; (vi) the weighted average remaining term to stated maturity of all Mortgage Loans; (vii) the book value of any REO Property; (viii) the Cumulative Realized Loss Percentage and the Rolling Six Month Delinquency Ratio as of the related Payment Date; (ix) with respect to each Monthly Payment, the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, and any Prepayment Charges); (x) with respect to each Monthly Payment, the amount of such remittance allocable to interest; (xi) the number and the Aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 5.15; and (xii) such other loan level information as either the Indenture Trustee may reasonably request to enable it to prepare the Indenture Trustee’s Remittance Report. (b) [Reserved.] (c) [Reserved.]
Appears in 8 contracts
Sources: Sale and Servicing Agreement (Accredited Mortgage Loan REIT Trust), Sale and Servicing Agreement (Accredited Mortgage Loan Trust 2005-3), Sale and Servicing Agreement (Accredited Mortgage Loan REIT Trust)
Reports to be Provided by the Servicer. (a) By 3:00 p.m. eastern time on the second Business Day following the fifteenth (15th) day of each month (the “Servicer Reporting Date”), the Servicer shall deliver to the Indenture Trustee, the Underwriter, Intex and Bloomberg a Servicer Remittance Report for the related Servicer Remittance Date in an electronic format reporting on a loan-by-loan basis in such format as the Servicer and the Indenture Trustee may agree, and setting forth the following information with respect to all Mortgage Loans as well as a break out as to each Loan Group as of the close of business on the last Business Day of the prior calendar month (except as otherwise provided in clause (v) below):
(i) the total number of Mortgage Loans and the Aggregate Principal Balances thereof, together with the number, Aggregate Principal Balances of such Mortgage Loans and the percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans (A) 31-60 days Delinquent, (B) 61-90 days Delinquent and (C) 91 or more days Delinquent;
(ii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans in foreclosure proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to Mortgagors in bankruptcy proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iv) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to REO Properties and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(v) the weighted average Mortgage Interest Rate for the Mortgage Loans in Loan Group I and Loan Group II, in each case, as of the Due Date occurring in the Due Period related to such Payment Date;
(vi) the weighted average remaining term to stated maturity of all Mortgage Loans;
(vii) the book value of any REO Property;
(viii) the Cumulative Realized Loss Percentage and the Rolling Six Month Delinquency Ratio as of the related Payment Date;
(ix) with respect to each Monthly Payment, the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, and any Prepayment Charges);
(x) with respect to each Monthly Payment, the amount of such remittance allocable to interest;
(xi) the number and the Aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 5.15; and
(xii) such other loan level information as either the Indenture Trustee may reasonably request to enable it to prepare the Indenture Trustee’s Remittance Report.
(b) [Reserved.]
(c) [Reserved.]
Appears in 3 contracts
Sources: Sale and Servicing Agreement (Accredited Mortgage Loan REIT Trust), Sale and Servicing Agreement (Accredited Mortgage Loan REIT Trust), Sale and Servicing Agreement (Accredited Mortgage Loan Trust 2006-2)
Reports to be Provided by the Servicer. (a) By 3:00 p.m. eastern time on the second Business Day following the fifteenth (15th) day of On each month (the “Servicer Reporting Payment Date”), the Servicer shall deliver to the Indenture Trustee, Trustee and the Underwriter, Intex Note Insurer (i) a Noteholder Statement and Bloomberg (ii) a Servicer Remittance Report for the related such Servicer Remittance Payment Date in an electronic format reporting on a loan-by-loan basis in such format as the Servicer and the Indenture Trustee may agree, and setting forth the following information with respect to all Mortgage Loans as well as a break out as to consumer purpose and business purpose Mortgage Loans, in each Loan Group case, as of the close of business on the last Business Day of the prior calendar month (except as otherwise provided in clause (v) below):
(i) the total number of Mortgage Loans and the Aggregate Principal Balances thereof, together with the number, Aggregate Principal Balances principal balances of such Mortgage Loans and the percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans (A) 31-60 59 days Delinquent, (B) 6160-90 89 days Delinquent and (C) 91 90 or more days Delinquent;
(ii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate aggregate Principal Balance of all Mortgage Loans in foreclosure proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to Mortgagors in bankruptcy proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iv) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to REO Properties and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(v) the weighted average Mortgage Interest Rate for the Mortgage Loans in Loan Group I and Loan Group II, in each case, as of the Due Date occurring in the Due Period related to such Payment Date;
(vi) the weighted average remaining term to stated maturity of all Mortgage Loans;
(vii) the book value of any REO Property;
(viii) the Cumulative Realized Loss Percentage Loan Losses and the Rolling Six Month Delinquency Ratio as of aggregate Cumulative Loan Losses since the related Payment Closing Date;; and
(ix) with respect to each Monthly Payment, the amount total number of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, and any Prepayment Charges);
(x) with respect to each Monthly Payment, the amount of such remittance allocable to interest;
(xi) the number Mortgage Loans and the Aggregate Principal Balance of the Mortgage Loans repurchased pursuant to Section 5.15; and
(xii) such other loan level information as either the Indenture Trustee may reasonably request to enable it to prepare the Indenture Trustee’s Remittance ReportLoans.
(b) [ReservedIn connection with the transfer of the Notes, the Indenture Trustee on behalf of any Noteholder may request that the Servicer make available to any prospective Noteholder annual audited financial statements of the Servicer for one or more of the most recently completed five (5) fiscal years for which such statements are publicly available, which request shall not be unreasonably denied or unreasonably delayed. Such annual audited financial statements also shall be made available to the Note Insurer upon request.]
(c) [ReservedThe Servicer also agrees, upon reasonable advanced written notice, to make available on a reasonable basis to the Note Insurer or any prospective Noteholder a knowledgeable financial or accounting officer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Note Insurer or any prospective Noteholder to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Note Insurer or such prospective Noteholder that the Servicer has the ability to service the Mortgage Loans in accordance with this Agreement.]
Appears in 3 contracts
Sources: Sale and Servicing Agreement (Bear Stearns Asset Backed Securities Inc), Sale and Servicing Agreement (Prudential Securities Secured Financing Corp), Sale and Servicing Agreement (Prudential Securities Secured Financing Corp)
Reports to be Provided by the Servicer. (a) By 3:00 p.m. eastern time on the second Business Day following the fifteenth (15th) day of On each month (the “Servicer Reporting Payment Date”), the Servicer shall deliver to the Indenture Trustee, Trustee and the Underwriter, Intex Note Insurer (i) a Noteholder Statement and Bloomberg (ii) a Servicer Remittance Report for the related such Servicer Remittance Payment Date in an electronic format reporting on a loan-by-loan basis in such format as the Servicer and the Indenture Trustee may agree, and setting forth the following information with respect to all Mortgage Loans as well as a break out as to (x) consumer purpose and business purpose Mortgage Loans and (y) each Mortgage Loan Group Group, in each case, as of the close of business on the last Business Day of the prior calendar month (except as otherwise provided in clause (v) below):
(i) the total number of Mortgage Loans and the Aggregate Principal Balances thereof, together with the number, Aggregate Principal Balances principal balances of such Mortgage Loans and the percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans (A) 31-60 59 days Delinquent, (B) 6160-90 89 days Delinquent and (C) 91 90 or more days Delinquent;
(ii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate aggregate Principal Balance of all Mortgage Loans in foreclosure proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to Mortgagors in bankruptcy proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iv) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to REO Properties and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(v) the weighted average Mortgage Interest Rate for the Mortgage Loans in Loan Group I and Loan Group II, in each case, as of the Due Date occurring in the Due Period related to such Payment Date;
(vi) the weighted average remaining term to stated maturity of all Mortgage Loans;
(vii) the book value of any REO Property;
(viii) the Cumulative Realized Loss Percentage Loan Losses and the Rolling Six Month Delinquency Ratio as of aggregate Cumulative Loan Losses since the related Payment Closing Date;; and
(ix) with respect to each Monthly Payment, the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, and any Prepayment Charges);
(x) with respect to each Monthly Payment, the amount of such remittance allocable to interest;
(xi) the total number and the Aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 5.15; and
(xii) such other loan level information as either and the Indenture Trustee may reasonably request to enable it to prepare the Indenture Trustee’s Remittance ReportPool Principal Balance.
(b) [ReservedIn connection with the transfer of the Notes, the Indenture Trustee on behalf of any Noteholder may request that the Servicer make available to any prospective Noteholder annual audited financial statements of the Servicer for one or more of the most recently completed five (5) fiscal years for which such statements are publicly available, which request shall not be unreasonably denied or unreasonably delayed. Such annual audited financial statements also shall be made available to the Note Insurer upon request.]
(c) [ReservedThe Servicer also agrees to make available on a reasonable basis to the Note Insurer or any prospective Noteholder a knowledgeable financial or accounting officer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Note Insurer or any prospective Noteholder to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Note Insurer or such prospective Noteholder that the Servicer has the ability to service the Mortgage Loans in accordance with this Agreement.]
Appears in 2 contracts
Sources: Sale and Servicing Agreement (American Business Financial Services Inc /De/), Sale and Servicing Agreement (Prudential Securities Secured Financing Corp)
Reports to be Provided by the Servicer. (a) By 3:00 p.m. eastern time on the second Business Day following the fifteenth (15th) day of each month (the “Servicer Reporting Date”), the Servicer shall deliver to the Indenture Trustee, the Underwriter, Intex Intex, Bloomberg and Bloomberg the Note Insurer a Servicer Remittance Report for the related Servicer Remittance Date in an electronic format reporting on a loan-by-loan basis in such format as the Servicer and the Indenture Trustee may agree, and setting forth the following information with respect to all Mortgage Loans as well as a break out as to each Loan Group as of the close of business on the last Business Day of the prior calendar month (except as otherwise provided in clause (v) below):
(i) the total number of Mortgage Loans and the Aggregate Principal Balances thereof, together with the number, Aggregate Principal Balances of such Mortgage Loans and the percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans (A) 31-60 days Delinquent, (B) 61-90 days Delinquent and (C) 91 90 or more days Delinquent;
(ii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans in foreclosure proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to Mortgagors in bankruptcy proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iv) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to REO Properties and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(v) the weighted average Mortgage Interest Rate for the Mortgage Loans in Loan Group I 1 and Loan Group II2, in each case, as of the Due Date occurring in the Due Period related to such Payment Date;
(vi) the weighted average remaining term to stated maturity of all Mortgage Loans;
(vii) the book value of any REO Property;
(viii) the Cumulative Realized Loss Percentage and the Rolling Six Month Delinquency Ratio as of the related Payment Date;
(ix) with respect to each Monthly Payment, the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, and any Prepayment Charges);
(x) with respect to each Monthly Payment, the amount of such remittance allocable to interest;
(xi) the number and the Aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 5.15; and
(xii) such other loan level information as either (a) the Indenture Trustee may reasonably request to enable it to prepare the Indenture Trustee’s Remittance ReportReport or (b) the Note Insurer may reasonably request.
(b) [Reserved].]
(c) [Reserved].]
Appears in 2 contracts
Sources: Sale and Servicing Agreement (Accredited Mortgage Loan REIT Trust), Sale and Servicing Agreement (Accredited Mortgage Loan REIT Trust)
Reports to be Provided by the Servicer. (a) By 3:00 p.m. eastern time on the second Four Business Day following the fifteenth (15th) day of Days prior to each month (the “Servicer Reporting Payment Date”), the Servicer shall deliver to the Indenture TrusteeTrustee and the Note Purchaser a Monthly Report for such Payment Date, setting forth the information required in the definition of "Monthly Report."
(b) On the date which is four Business Days prior to each Payment Date and each Transfer Date, the Underwriter, Intex and Bloomberg a Servicer Remittance Report for the related Servicer Remittance Date in an electronic format reporting on a loan-by-loan basis in such format as the Servicer and shall deliver to the Indenture Trustee may agree, and setting forth the Note Purchaser (as directed by the Note Purchaser) the following information with respect to all Mortgage Loans as well as a break out as to consumer purpose and business purpose Mortgage Loans, in each Loan Group case, as of the close of business on the last Business Day of the prior calendar month (except as otherwise provided in clause (v) below):
(i) the total number of Mortgage Loans and the Aggregate Principal Balances thereof, together with the number, Aggregate Principal Balances of such Mortgage Loans and the percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans (A) 31-60 59 days Delinquent, (B) 6160-90 89 days Delinquent and (C) 91 90 or more days Delinquent;
(ii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate aggregate Principal Balance of all Mortgage Loans in foreclosure proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to Mortgagors in bankruptcy proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iv) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to REO Properties and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(v) the weighted average Mortgage Interest Rate for the Mortgage Loans in Loan Group I and Loan Group II, in each case, such loan level information as of the Due Date occurring is generally included in the Due Period related to such Payment Dateoffering documents for Securitizations entered into by the Servicer and the Originators;
(vi) the weighted average remaining term to stated maturity of all Mortgage Loans;
(vii) the book value of any REO Property;
(vii) the aggregate Principal Balance of all Mortgage Loans that have ceased to be Eligible Mortgage Loans since the Initial Cut-Off Date (such Principal Balance measured as of the day immediately preceding the date on which each such Mortgage Loan ceased to be an Eligible Mortgage Loan), provided that each such Mortgage Loan was Delinquent more than 30 days at the time such Mortgage Loan ceased to be an Eligible Mortgage Loan, but excluding any Mortgage Loans that have been released from the lien of the Indenture due to the Disposition of such Mortgage Loans aggregating $5,000,000 or more in unpaid Principal Balance;
(viii) the Cumulative Realized Loss Percentage total number of Mortgage Loans and the Rolling Six Month Delinquency Ratio as aggregate Principal Balance; of all the related Payment Date;Mortgage Loans; and
(ix) with respect to each Monthly Payment, any other information reasonably requested by the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, and any Prepayment Charges);
(x) with respect to each Monthly Payment, the amount of such remittance allocable to interest;
(xi) the number and the Aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 5.15; and
(xii) such other loan level information as either the Indenture Trustee may reasonably request to enable it to prepare the Indenture Trustee’s Remittance ReportNote Purchaser.
(b) [Reserved.]
(c) [ReservedIn connection with the transfer of the Secured Notes, the Indenture Trustee on behalf of any Noteholder may request that the Servicer make available to any prospective Noteholder annual audited financial statements of the Servicer for one or more of the most recently completed five (5) fiscal years for which such statements are publicly available together with the most recent unaudited quarterly financial statements of the Servicer, which request shall not be unreasonably denied or unreasonably delayed. Such annual audited financial statements also shall be made available to the Note Purchaser upon request.]
(d) Upon reasonable advance notice, the Servicer also agrees to make available on a reasonable basis to the Note Purchaser and any prospective Noteholder a knowledgeable financial or accounting officer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Note Purchaser and any prospective Noteholder to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Note Purchaser and such prospective Noteholder that the Servicer has the ability to service the Mortgage Loans in accordance with this Agreement.
Appears in 1 contract
Sources: Sale and Servicing Agreement (American Business Financial Services Inc /De/)
Reports to be Provided by the Servicer. (a) By 3:00 p.m. eastern time on the second Business Day following the fifteenth (15th) day of On each month (the “Servicer Reporting Payment Date”), the Servicer shall deliver to the Indenture Trustee, Back-up Servicer, Liquidity Provider and the UnderwriterNote Insurer (i) a Noteholder Statement, Intex (ii) a collateral file containing all loan level information as is generally provided to the lead underwriter for securitizations entered into by the Servicer and Bloomberg the Originators for purposes of calculation of the Market Value of the Mortgage Loans and (iii) a Servicer Remittance Report for the related Servicer Remittance Date in an electronic format reporting on a loan-by-loan basis in such format as the Servicer and the Indenture Trustee may agreePayment Date, and setting forth the following information with respect to all Mortgage Loans as well as a break out as to consumer purpose and business purpose Mortgage Loans, in each Loan Group case, as of the close of business on the last Business Day of the prior calendar month (except as otherwise provided in clause (v) below):
(i) the total number of Mortgage Loans and the Aggregate Principal Balances thereof, together with the number, Aggregate Principal Balances of such Mortgage Loans and the percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans (A) 31-60 59 days Delinquent, (B) 6160-90 89 days Delinquent and (C) 91 90 or more days Delinquent;
(ii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans in foreclosure proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to Mortgagors in bankruptcy proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iv) the number, Aggregate Principal Balances of all Mortgage Loans and percentage of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to REO Properties and the number, Aggregate Principal Balances of all Mortgage Loans and percentage of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(v) such loan level information as is generally included in the offering documents for securitizations entered into by the Servicer and the Originators;
(vi) the book value of any REO Property;
(vii) the Aggregate Principal Balance of all Mortgage Loans that have ceased to be Eligible Mortgage Loans since the Initial Closing Date (such Principal Balance measured as of the day immediately preceding the date on which each such Mortgage Loan ceased to be an Eligible Mortgage Loan), provided that each such Mortgage Loan was Delinquent more than 30 days at the time such Mortgage Loan ceased to be an Eligible Mortgage Loan, but excluding any Mortgage Loans that have been released from the lien of the Indenture due to the Disposition of such Mortgage Loans in a securitization or as part of a whole loan sale;
(viii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans in foreclosure proceedings and transferred to or removed from the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on Trust during the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i)prior Due Period;
(iii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to Mortgagors in bankruptcy proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iv) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to REO Properties and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(vix) the weighted average Mortgage Interest Rate for the Mortgage Loans in Loan Group I and Loan Group II, in each case, (weighted by Principal Balance) as of the Due Date occurring in the Due Period related to such Payment Date;
(vix) the weighted average remaining term to stated maturity of all Mortgage Loans;
(viixi) the book value weighted average initial LTV ratio (by Principal Balance) of any REO all of the Mortgage Loans and the aggregate Principal Balance of the Mortgage Loans that have an LTV greater than 90%;
(xii) the weighted average original term to stated maturity of all Mortgage Loans;
(xiii) the Aggregate Principal Balance of the Mortgage Loans the proceeds of which are to be used for business purposes;
(xiv) the Aggregate Principal Balance of the Mortgage Loans that are secured exclusively by Owner Occupied Mortgaged Property;
(viiixv) the Cumulative Realized Loss Percentage and weighted average FICO (by Principal Balance) for the Rolling Six Month Delinquency Ratio as of the related Payment Date;
(ix) with respect to each Monthly Payment, the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, and any Prepayment Charges);
(x) with respect to each Monthly Payment, the amount of such remittance allocable to interest;
(xi) the number Mortgage Loans and the Aggregate Principal Balance of Mortgage Loans repurchased pursuant with a FICO less than 500;
(xvi) the weighted average CLTV (by Principal Balance) of the Mortgage Loans and the Aggregate Principal Balance of the Mortgage Loans that have a CLTV greater than 80%;
(xvii) the Aggregate Principal Balance of the Mortgage Loans made to Section 5.15limited or no documentation borrowers;
(xviii) the Net Excess Spread for the Due Period related to such Payment Date;
(xix) the Aggregate Principal Balance of the Mortgage Loans included in the Trust Estate for more than 240 days; and
(xiixx) such any other loan level information as either reasonably requested by the Indenture Trustee may reasonably request to enable it to prepare the Indenture Trustee’s Remittance ReportNote Insurer.
(b) [ReservedIn the event the Servicer is replaced by a successor Servicer, the successor Servicer, upon reasonable advance written notice, shall make available the information contained in the Noteholder Statement to be posted by Bloomberg News Services. The Liquidity Provider, at its expense and discretion, may provide the information relating to the Trust to Bloomberg.]
(c) [ReservedIn connection with the transfer of the Note, the Indenture Trustee on behalf of any Noteholder may request that the Servicer make available to any prospective Noteholder annual audited financial statements of the Servicer for one or more of the most recently completed five (5) fiscal years for which such statements are publicly available together with the most recent unaudited quarterly financial statements of the Servicer, which request shall not be unreasonably denied or unreasonably delayed. Such annual audited financial statements also shall be made available to the Initial Purchaser and Back-up Servicer upon request.]
(d) The Servicer also agrees, upon reasonable advance written notice, to make available on a reasonable basis to the Initial Purchaser, the Note Insurer, the Back-up Servicer and any prospective Noteholder a knowledgeable financial or accounting officer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Initial Purchaser, the Note Insurer, the Back-up Servicer and any prospective Noteholder to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Initial Purchaser, the Note Insurer, the Back-up Servicer and such prospective Noteholder that the Servicer has the ability to service the Mortgage Loans in accordance with this Agreement.
Appears in 1 contract
Sources: Sale and Servicing Agreement (American Business Financial Services Inc /De/)
Reports to be Provided by the Servicer. (a) By 3:00 p.m. eastern time on the second Business Day following the fifteenth (15th) day of On each month (the “Servicer Reporting Payment Date”), the Servicer shall deliver to the Indenture Trustee, Trustee and the Underwriter, Intex and Bloomberg Note Insurer (via E-mail at ▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇) a Servicer Remittance Report for the related such Servicer Remittance Payment Date in an electronic format reporting on a loan-by-loan basis in such format as the Servicer and the Indenture Trustee may agree, and setting forth the following information with respect to all Mortgage Loans as well as a break out as to (x) consumer purpose and business purpose Mortgage Loans and (y) each Mortgage Loan Group Group, in each case, as of the close of business on the last Business Day of the prior calendar month (except as otherwise provided in clause (v) below):
(i) the total number of Mortgage Loans and the Aggregate Principal Balances thereof, together with the number, Aggregate Principal Balances principal balances of such Mortgage Loans and the percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans (A) 31-60 59 days Delinquent, (B) 6160-90 89 days Delinquent and (C) 91 90 or more days Delinquent;
(ii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate aggregate Principal Balance of all Mortgage Loans in foreclosure proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to Mortgagors in bankruptcy proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iv) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to REO Properties and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(v) the weighted average Mortgage Interest Rate for the Mortgage Loans in Loan Group I and Loan Group II, in each case, as of the Due Date occurring in the Due Period related to such Payment Date;
(vi) the weighted average remaining term to stated maturity of all Mortgage Loans;
(vii) the book value of any REO Property;
(viii) the Cumulative Realized Loss Percentage Loan Losses and the Rolling Six Month Delinquency Ratio as of aggregate Cumulative Loan Losses since the related Payment Closing Date;
(ix) with respect to each Monthly Payment, the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, and any Prepayment Charges);
(x) with respect to each Monthly Payment, the amount of such remittance allocable to interest;
(xi) the total number and the Aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 5.15and the Pool Principal Balance; and
(xiix) such other loan level information as either the Indenture Trustee may reasonably request to enable it to prepare the Indenture Trustee’s 's Remittance Report.
(b) [ReservedIn connection with the transfer of the Notes, the Indenture Trustee on behalf of any Noteholder may request that the Servicer make available to any prospective Noteholder annual audited financial statements of the Servicer for one or more of the most recently completed five (5) fiscal years for which such statements are publicly available, which request shall not be unreasonably denied or unreasonably delayed. Such annual audited financial statements also shall be made available to the Note Insurer upon request.]
(c) [ReservedThe Servicer also agrees to make available on a reasonable basis to the Note Insurer or any prospective Noteholder a knowledgeable financial or accounting officer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Note Insurer or any prospective Noteholder to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Note Insurer or such prospective Noteholder that the Servicer has the ability to service the Mortgage Loans in accordance with this Agreement.]
Appears in 1 contract
Sources: Sale and Servicing Agreement (Prudential Securities Secured Financing Corp)
Reports to be Provided by the Servicer. (a) By 3:00 p.m. eastern time on the second Two (2) Business Day following the fifteenth (15th) day of Days prior to each month (the “Servicer Reporting Payment Date”), the Servicer shall deliver to the Indenture Trustee, Trustee and the Underwriter, Intex and Bloomberg Initial Purchaser a Servicer Remittance Report for such Payment Date, setting forth the related information required in the definition of "Servicer Remittance Report."
(b) On each Servicer Payment Date in an electronic format reporting on a loan-by-loan basis in such format as and each Subsequent Transfer Date, the Servicer and shall deliver to the Indenture Trustee may agree, and setting forth the Initial Purchaser (as directed by the Initial Purchaser) the following information with respect to all Mortgage Loans as well as a break out as to consumer purpose and business purpose Mortgage Loans, in each Loan Group case, as of the close of business on the last Business Day of the prior calendar month (except as otherwise provided in clause (v) below):
(i) the total number of Mortgage Loans and the Aggregate Principal Balances thereof, together with the number, Aggregate Principal Balances principal balances of such Mortgage Loans and the percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans (A) 31-60 59 days Delinquent, (B) 6160-90 89 days Delinquent and (C) 91 90 or more days Delinquent;
(ii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate aggregate Principal Balance of all Mortgage Loans in foreclosure proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to Mortgagors in bankruptcy proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iv) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to REO Properties and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(v) the weighted average Mortgage Interest Rate for the Mortgage Loans in Loan Group I and Loan Group II, in each case, such loan level information as of the Due Date occurring is generally included in the Due Period related to such Payment Dateoffering documents for Securitizations entered into by the Servicer and the Originators;
(vi) the weighted average remaining term to stated maturity of all Mortgage Loans;
(vii) the book value of any REO Property;
(vii) the aggregate Principal Balance of all Mortgage Loans that have ceased to be Eligible Mortgage Loans since the Initial Cut-Off Date (such Principal Balance measured as of the day immediately preceding the date on which each such Mortgage Loan ceased to be an Eligible Mortgage Loan), provided that each such Mortgage Loan was Delinquent more than 30 days at the time such Mortgage Loan ceased to be an Eligible Mortgage Loan, but excluding any Mortgage Loans that have been released from the lien of the Indenture due to the disposition of such Mortgage Loans in a Securitization or as part of a whole loan sale aggregating $5,000,000 or more in unpaid Principal Balance;
(viii) the Cumulative Realized Loss Percentage total number of Mortgage Loans and the Rolling Six Month Delinquency Ratio as of the related Payment Date;Pool Principal Balance; and
(ix) with respect to each Monthly Payment, any other information reasonably requested by the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, and any Prepayment Charges);
(x) with respect to each Monthly Payment, the amount of such remittance allocable to interest;
(xi) the number and the Aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 5.15; and
(xii) such other loan level information as either the Indenture Trustee may reasonably request to enable it to prepare the Indenture Trustee’s Remittance ReportInitial Purchaser.
(b) [Reserved.]
(c) [ReservedIn connection with the transfer of the Notes, the Indenture Trustee on behalf of any Noteholder may request that the Servicer make available to any prospective Noteholder annual audited financial statements of the Servicer for one or more of the most recently completed five (5) fiscal years for which such statements are publicly available together with the most recent unaudited quarterly financial statements of the Servicer, which request shall not be unreasonably denied or unreasonably delayed. Such annual audited financial statements also shall be made available to the Initial Purchaser upon request. In addition, the Servicer shall make available to any prospective Noteholder any and all information that the Servicer is required to provide to the lender under the Existing Warehouse Facility.]
(d) The Servicer also agrees to make available on a reasonable basis to the Initial Purchaser and any prospective Noteholder a knowledgeable financial or accounting officer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Initial Purchaser and any prospective Noteholder to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Initial Purchaser and such prospective Noteholder that the Servicer has the ability to service the Mortgage Loans in accordance with this Agreement.
Appears in 1 contract
Sources: Sale and Servicing Agreement (American Business Financial Services Inc /De/)
Reports to be Provided by the Servicer. (a) By 3:00 p.m. eastern time on the second Two (2) Business Day following the fifteenth (15th) day of Days prior to each month (the “Servicer Reporting Distribution Date”), the Servicer shall deliver to the Indenture Trustee, the Underwriter, Intex and Bloomberg Trustee a Servicer Remittance Report for such Distribution Date, setting forth the related information required in the definition of "Indenture Trustee's Remittance Report."
(b) On each Servicer Remittance Date in an electronic format reporting on a loan-by-loan basis in such format as Distribution Date, the Servicer and shall deliver to the Indenture Trustee may agree, and setting forth the Note Insurer (via E-mail at ▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇) the following information with respect to all Mortgage Loans as well as a break out as to (x) consumer purpose and business purpose Mortgage Loans and (y) each Mortgage Loan Group Group, in each case, as of the close of business on the last Business Day of the prior calendar month (except as otherwise provided in clause (v) below):
(i) the total number of Mortgage Loans and the Aggregate Principal Balances thereof, together with the number, Aggregate Principal Balances principal balances of such Mortgage Loans and the percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans (A) 31-60 59 days Delinquent, (B) 6160-90 89 days Delinquent and (C) 91 90 or more days Delinquent;
(ii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate aggregate Principal Balance of all Mortgage Loans in foreclosure proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to Mortgagors in bankruptcy proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iv) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to REO Properties and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(v) the weighted average Mortgage Interest Rate for the Mortgage Loans in Loan Group I and Loan Group II, in each case, as of the Due Date occurring in the Due Period related to such Payment Distribution Date;
(vi) the weighted average remaining term to stated maturity of all Mortgage Loans;
(vii) the book value of any REO Property;
(viii) the Cumulative Realized Loss Percentage Loan Losses and the Rolling Six Month Delinquency Ratio as of aggregate Cumulative Loan Losses since the related Payment Closing Date;; and
(ix) with respect to each Monthly Payment, the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, and any Prepayment Charges);
(x) with respect to each Monthly Payment, the amount of such remittance allocable to interest;
(xi) the total number and the Aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 5.15; and
(xii) such other loan level information as either and the Indenture Trustee may reasonably request to enable it to prepare the Indenture Trustee’s Remittance ReportPool Principal Balance.
(b) [Reserved.]
(c) [ReservedIn connection with the transfer of the Notes, the Indenture Trustee on behalf of any Noteholder may request that the Servicer make available to any prospective Noteholder annual audited financial statements of the Servicer for one or more of the most recently completed five (5) fiscal years for which such statements are publicly available, which request shall not be unreasonably denied or unreasonably delayed. Such annual audited financial statements also shall be made available to the Note Insurer upon request.]
(d) The Servicer also agrees to make available on a reasonable basis to the Note Insurer or any prospective Noteholder a knowledgeable financial or accounting officer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Note Insurer or any prospective Noteholder to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Note Insurer or such prospective Noteholder that the Servicer has the ability to service the Mortgage Loans in accordance with this Agreement.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Prudential Securities Secured Financing Corp)
Reports to be Provided by the Servicer. (a) By 3:00 p.m. eastern time on the second Two (2) Business Day following the fifteenth (15th) day of Days prior to each month (the “Servicer Reporting Distribution Date”), the Servicer shall deliver to the Indenture Trustee, the Underwriter, Intex and Bloomberg Trustee a Servicer Remittance Report for such Distribution Date, setting forth the related information required in the definition of "Indenture Trustee's Remittance Report."
(b) On each Servicer Remittance Date in an electronic format reporting on a loan-by-loan basis in such format as Distribution Date, the Servicer and shall deliver to the Indenture Trustee may agree, and setting forth the Note Insurer (via E-mail at ▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇) the following information with respect to all Mortgage Loans as well as a break out as to (x) consumer purpose and business purpose Mortgage Loans and (y) each Mortgage Loan Group Group, in each case, as of the close of business on the last Business Day of the prior calendar month (except as otherwise provided in clause (v) below):
(i) the total number of Mortgage Loans and the Aggregate Principal Balances thereof, together with the number, Aggregate Principal Balances principal balances of such Mortgage Loans and the percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans (A) 31-60 59 days Delinquent, (B) 6160-90 89 days Delinquent and (C) 91 90 or more days Delinquent;
(ii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate aggregate Principal Balance of all Mortgage Loans in foreclosure proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to Mortgagors in bankruptcy proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iv) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to REO Properties and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(v) the weighted average Mortgage Interest Rate for the Mortgage Loans in Loan Group I and Loan Group II, in each case, as of the Due Date occurring in the Due Period related to such Payment Distribution Date;
(vi) the weighted average remaining term to stated maturity of all Mortgage Loans;
(vii) the book value of any REO Property;
(viii) the Cumulative Realized Loss Percentage Loan Losses and the Rolling Six Month Delinquency Ratio as of aggregate Cumulative Loan Losses since the related Payment Closing Date;; and
(ix) with respect to each Monthly Payment, the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, and any Prepayment Charges);
(x) with respect to each Monthly Payment, the amount of such remittance allocable to interest;
(xi) the total number and the Aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 5.15; and
(xii) such other loan level information as either and the Indenture Trustee may reasonably request to enable it to prepare the Indenture Trustee’s Remittance ReportPool Principal Balance.
(b) [Reserved.]
(c) [ReservedIn connection with the transfer of the Notes, the Indenture Trustee on behalf of any Noteholder may request that the Servicer make available to any prospective Noteholder annual audited financial statements of the Servicer for one or more of the most recently completed five (5) fiscal years for which such statements are publicly available, which request shall not be unreasonably denied or unreasonably delayed. Such annual audited financial statements also shall be made available to the Note Insurer upon request.]
(d) The Servicer also agrees to make available on a reasonable basis to the Note Insurer or any prospective Noteholder a knowledgeable financial or accounting officer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Note Insurer or any prospective Noteholder to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Note Insurer or such prospective Noteholder that the Servicer has the ability to service the Mortgage Loans in accordance with this Agreement.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Prudential Securities Secured Financing Corp)
Reports to be Provided by the Servicer. (a) By 3:00 p.m. eastern time on the second Two (2) Business Day following the fifteenth (15th) day of Days prior to each month (the “Servicer Reporting Payment Date”), the Servicer shall deliver to the Indenture Trustee, the Underwriter, Intex and Bloomberg Trustee a Servicer Remittance Report for such Payment Date, setting forth the related information required in the definition of "Indenture Trustee's Remittance Report."
(b) On each Servicer Remittance Date in an electronic format reporting on a loan-by-loan basis in such format as Payment Date, the Servicer and shall deliver to the Indenture Trustee may agree, and setting forth the Note Insurer (via E-mail at ▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇) the following information with respect to all Mortgage Loans as well as a break out as to (x) consumer purpose and business purpose Mortgage Loans and (y) each Mortgage Loan Group Group, in each case, as of the close of business on the last Business Day of the prior calendar month (except as otherwise provided in clause (v) below):
(i) the total number of Mortgage Loans and the Aggregate Principal Balances thereof, together with the number, Aggregate Principal Balances principal balances of such Mortgage Loans and the percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans (A) 31-60 59 days Delinquent, (B) 6160-90 89 days Delinquent and (C) 91 90 or more days Delinquent;
(ii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate aggregate Principal Balance of all Mortgage Loans in foreclosure proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to Mortgagors in bankruptcy proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iv) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to REO Properties and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(v) the weighted average Mortgage Interest Rate for the Mortgage Loans in Loan Group I and Loan Group II, in each case, as of the Due Date occurring in the Due Period related to such Payment Date;
(vi) the weighted average remaining term to stated maturity of all Mortgage Loans;
(vii) the book value of any REO Property;
(viii) the Cumulative Realized Loss Percentage Loan Losses and the Rolling Six Month Delinquency Ratio as of aggregate Cumulative Loan Losses since the related Payment Closing Date;; and
(ix) with respect to each Monthly Payment, the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, and any Prepayment Charges);
(x) with respect to each Monthly Payment, the amount of such remittance allocable to interest;
(xi) the total number and the Aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 5.15; and
(xii) such other loan level information as either and the Indenture Trustee may reasonably request to enable it to prepare the Indenture Trustee’s Remittance ReportPool Principal Balance.
(b) [Reserved.]
(c) [ReservedIn connection with the transfer of the Notes, the Indenture Trustee on behalf of any Noteholder may request that the Servicer make available to any prospective Noteholder annual audited financial statements of the Servicer for one or more of the most recently completed five (5) fiscal years for which such statements are publicly available, which request shall not be unreasonably denied or unreasonably delayed. Such annual audited financial statements also shall be made available to the Note Insurer upon request.]
(d) The Servicer also agrees to make available on a reasonable basis to the Note Insurer or any prospective Noteholder a knowledgeable financial or accounting officer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Note Insurer or any prospective Noteholder to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Note Insurer or such prospective Noteholder that the Servicer has the ability to service the Mortgage Loans in accordance with this Agreement.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Prudential Securities Secured Financing Corp)
Reports to be Provided by the Servicer. (a) By 3:00 p.m. eastern time on the second Two (2) Business Day following the fifteenth (15th) day of Days prior to each month (the “Servicer Reporting Distribution Date”), the Servicer shall deliver to the Indenture Trustee, the Underwriter, Intex and Bloomberg Trustee a Servicer Remittance Report for such Distribution Date, setting forth the related information required in the definition of "Indenture Trustee's Remittance Report."
(b) On each Servicer Remittance Date in an electronic format reporting on a loan-by-loan basis in such format as Distribution Date, the Servicer and shall deliver to the Indenture Trustee may agree, and setting forth the Note Insurer the following information with respect to all Mortgage Loans as well as a break out as to (x) consumer purpose and business purpose Mortgage Loans and (y) each Mortgage Loan Group Group, in each case, as of the close of business on the last Business Day of the prior calendar month (except as otherwise provided in clause (v) below):
(i) the total number of Mortgage Loans and the Aggregate Principal Balances thereof, together with the number, Aggregate Principal Balances principal balances of such Mortgage Loans and the percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans (A) 31-60 59 days Delinquent, (B) 6160-90 89 days Delinquent and (C) 91 90 or more days Delinquent;
(ii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate aggregate Principal Balance of all Mortgage Loans in foreclosure proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to Mortgagors in bankruptcy proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iv) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to REO Properties and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(v) the weighted average Mortgage Interest Rate for the Mortgage Loans in Loan Group I and Loan Group II, in each case, as of the Due Date occurring in the Due Period related to such Payment Distribution Date;
(vi) the weighted average remaining term to stated maturity of all Mortgage Loans;
(vii) the book value of any REO Property;
(viii) the Cumulative Realized Loss Percentage Loan Losses and the Rolling Six Month Delinquency Ratio as of aggregate Cumulative Loan Losses since the related Payment Closing Date;; and
(ix) with respect to each Monthly Payment, the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, and any Prepayment Charges);
(x) with respect to each Monthly Payment, the amount of such remittance allocable to interest;
(xi) the total number and the Aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 5.15; and
(xii) such other loan level information as either and the Indenture Trustee may reasonably request to enable it to prepare the Indenture Trustee’s Remittance ReportPool Principal Balance.
(b) [Reserved.]
(c) [ReservedIn connection with the transfer of the Notes, the Indenture Trustee on behalf of any Noteholder may request that the Servicer make available to any prospective Noteholder annual audited financial statements of the Servicer for one or more of the most recently completed five (5) fiscal years for which such statements are publicly available, which request shall not be unreasonably denied or unreasonably delayed. Such annual audited financial statements also shall be made available to the Note Insurer upon request.]
(d) The Servicer also agrees to make available on a reasonable basis to the Note Insurer or any prospective Noteholder a knowledgeable financial or accounting officer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Note Insurer or any prospective Noteholder to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Note Insurer or such prospective Noteholder that the Servicer has the ability to service the Mortgage Loans in accordance with this Agreement.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Prudential Securities Secured Financing Corp)
Reports to be Provided by the Servicer. (a) By 3:00 p.m. eastern No later than 12:00 noon, New York, New York time on the second Business Day following the fifteenth (15th) day of each month (the “Servicer Reporting Remittance Date”), the Servicer shall deliver to the Indenture TrusteeTrustee a report in computer-readable form containing such information as to enable the Indenture Trustee to make the distribution pursuant to Section 8.02(a) (i) through (x) of the Indenture, and such other information as the Indenture Trustee shall reasonably require.
(b) On each Servicer Remittance Date, the Underwriter, Intex Servicer shall deliver to the Indenture Trustee and Bloomberg the Note Insurer: (i) a Noteholder Statement and (ii) a Servicer Remittance Report for the related Report. The Servicer Remittance Date in an electronic format reporting on a loan-by-loan basis in such format as the Servicer and the Indenture Trustee may agree, and setting forth Report shall include the following information with respect to all Mortgage Loans in both Mortgage Loan Groups on a group-by-group basis as well as a break out as to each Loan Group (x) consumer purpose and business purpose Mortgage Loans as of the close of business on the last Business Day of the prior calendar month (except as otherwise provided in clause (v) below):), which is hereby required to be prepared by the Servicer and furnished to the Indenture Trustee for such purpose and to the Note Insurer on or prior to the related Servicer Remittance Date:
(i) for the related Due Period, the total number of Mortgage Loans and the Aggregate aggregate Principal Balances thereof, together with the number, Aggregate Principal Balances aggregate principal balances of such Mortgage Loans and the percentage (based on the Aggregate aggregate Principal Balances of the Mortgage Loans) of the Aggregate aggregate Principal Balances of such Mortgage Loans to the Aggregate aggregate Principal Balance of all Mortgage Loans (A) 31-60 days Delinquent, (B) 61-90 days Delinquent and (C) 91 or more days Delinquent;
(ii) for the related Due Period, the number, Aggregate aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate aggregate Principal Balances of the Mortgage Loans) of the Aggregate aggregate Principal Balances of such Mortgage Loans to the Aggregate aggregate Principal Balance of all Mortgage Loans in foreclosure proceedings and the number, Aggregate aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iii) for the related Due Period, the number, Aggregate aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate aggregate Principal Balances of the Mortgage Loans) of the Aggregate aggregate Principal Balances of such Mortgage Loans to the Aggregate aggregate Principal Balance of all Mortgage Loans relating to Mortgagors in bankruptcy proceedings and the number, Aggregate aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iv) for the related Due Period, the number, Aggregate aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate aggregate Principal Balances of the Mortgage Loans) of the Aggregate aggregate Principal Balances of such Mortgage Loans to the Aggregate aggregate Principal Balance of all Mortgage Loans relating to REO Properties and the number, Aggregate aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(v) the weighted average Mortgage Interest Rate for the Mortgage Loans in Loan Group I and Loan Group II, in each case, as of the Due Date occurring in the Due Period related to such Payment Distribution Date;
(vi) the weighted average remaining term to stated maturity of all Mortgage Loans;
(vii) the book value of any REO Property;
(viii) the Cumulative Realized Loss Percentage for the related Due Period and the Rolling Six Month Delinquency Ratio as of aggregate Cumulative Loss Percentage since the related Payment Closing Date;
(ix) with respect to each Monthly Paymentthe Delinquency Ratio, the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including Rolling Three Month Delinquency Rate and the date of such prepayment, and any Prepayment Charges)Twelve Month Loss Amount;
(x) with respect to each Monthly Payment, the amount aggregate Principal Balance of such remittance allocable to interest;the three largest Mortgage Loans; and
(xi) the total number of Mortgage Loans and the Aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 5.15; and
(xii) such other loan level information as either the Indenture Trustee may reasonably request to enable it to prepare the Indenture Trustee’s Remittance ReportBalance.
(b) [Reserved.]
(c) [ReservedIn connection with the transfer of the Notes, the Indenture Trustee on behalf of any Noteholder may request that the Servicer make available to any prospective Noteholder annual financial statements of the Servicer for one or more of the most recently completed five fiscal years for which such statements are publicly available, which request shall not be unreasonably denied or unreasonably delayed. Such annual financial statements also shall be made available to the Note Insurer upon request.]
(d) The Servicer also agrees, upon reasonable advanced written notice, to make available on a reasonable basis to the Note Insurer or any prospective Noteholder a knowledgeable financial or accounting officer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Note Insurer or any prospective Noteholder to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Note Insurer or such prospective Noteholder that the Servicer has the ability to service the Mortgage Loans in accordance with this Agreement.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Morgan Stanley Abs Capital I Inc)
Reports to be Provided by the Servicer. (a) By 3:00 p.m. eastern time on Two (2) Business Days prior to each Servicer Distribution Date, the second Business Day following Servicer shall deliver to the fifteenth Indenture Trustee a report for such Distribution Date, setting forth the information required in the definition of "Indenture Trustee's Remittance Report."
(15thb) day of On each month (the “Servicer Reporting Distribution Date”), the Servicer shall deliver to the Indenture Trustee, the UnderwriterBack-up Servicer, Intex and Bloomberg the Note Insurer (via E-mail at ▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇) a Servicer Remittance Report for the related such Servicer Remittance Distribution Date in an electronic format reporting on a loan-by-loan basis in such format as the Servicer and the Indenture Trustee may agree, and setting forth the following information with respect to all Mortgage Loans as well as a break out as to (x) consumer purpose and business purpose Mortgage Loans and (y) each Mortgage Loan Group Group, in each case, as of the close of business on the last Business Day of the prior calendar month (except as otherwise provided in clause (v) below):
(i) the total number of Mortgage Loans and the Aggregate Principal Balances thereof, together with the number, Aggregate Principal Balances principal balances of such Mortgage Loans and the percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans (A) 31-60 59 days Delinquent, (B) 6160-90 89 days Delinquent and (C) 91 90 or more days Delinquent;
(ii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate aggregate Principal Balance of all Mortgage Loans in foreclosure proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to Mortgagors in bankruptcy proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iv) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to REO Properties and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(v) the weighted average Mortgage Interest Rate for the Mortgage Loans in Loan Group I and Loan Group II, in each case, as of the Due Date occurring in the Due Period related to such Payment Distribution Date;
(vi) the weighted average remaining term to stated maturity of all Mortgage Loans;
(vii) the book value of any REO Property;
(viii) the Cumulative Realized Loss Percentage Loan Losses and the Rolling Six Month Delinquency Ratio as of aggregate Cumulative Loan Losses since the related Payment Closing Date;; and
(ix) with respect to each Monthly Payment, the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, and any Prepayment Charges);
(x) with respect to each Monthly Payment, the amount of such remittance allocable to interest;
(xi) the total number and the Aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 5.15; and
(xii) such other loan level information as either and the Indenture Trustee may reasonably request to enable it to prepare the Indenture Trustee’s Remittance ReportPool Principal Balance.
(b) [Reserved.]
(c) [ReservedIn connection with the transfer of the Notes, the Indenture Trustee on behalf of any Noteholder may request that the Servicer make available to any prospective Noteholder annual audited financial statements of the Servicer for one or more of the most recently completed five (5) fiscal years for which such statements are publicly available, which request shall not be unreasonably denied or unreasonably delayed. Such annual audited financial statements also shall be made available to the Note Insurer upon request.]
(d) The Servicer also agrees to make available on a reasonable basis to the Note Insurer or any prospective Noteholder a knowledgeable financial or accounting officer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Note Insurer or any prospective Noteholder to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Note Insurer or such prospective Noteholder that the Servicer has the ability to service the Mortgage Loans in accordance with this Agreement.
Appears in 1 contract
Sources: Sale and Servicing Agreement (American Business Financial Services Inc /De/)
Reports to be Provided by the Servicer. (a) By 3:00 p.m. eastern No later than 12:00 noon, New York, New York time on the second Business Day following the fifteenth (15th) day of each month (the “Servicer Reporting Remittance Date”), the Servicer shall deliver to the Indenture TrusteeTrustee a report in computer-readable form containing such information as to enable the Indenture Trustee to make the distribution pursuant to Section 8.02(a) (i) through (x) of the Indenture, and such other information as the Indenture Trustee shall reasonably require.
(b) On each Servicer Remittance Date, the Underwriter, Intex Servicer shall deliver to the Indenture Trustee and Bloomberg the Note Insurer: (i) a Noteholder Statement and (ii) a Servicer Remittance Report for the related Report. The Servicer Remittance Date in an electronic format reporting on a loan-by-loan basis in such format as the Servicer and the Indenture Trustee may agree, and setting forth Report shall include the following information with respect to all Mortgage Loans in the Mortgage Loan Group as well as a break out as to each Loan Group (x) consumer purpose and (y) business purpose Mortgage Loans as of the close of business on the last Business Day of the prior calendar month (except as otherwise provided in clause (v) below):), which is hereby required to be prepared by the Servicer and furnished to the Indenture Trustee for such purpose and to the Note Insurer on or prior to the related Servicer Remittance Date:
(i) for the related Due Period, the total number of Mortgage Loans and the Aggregate aggregate Principal Balances thereof, together with the number, Aggregate Principal Balances aggregate principal balances of such Mortgage Loans and the percentage (based on the Aggregate aggregate Principal Balances of the Mortgage Loans) of the Aggregate aggregate Principal Balances of such Mortgage Loans to the Aggregate aggregate Principal Balance of all Mortgage Loans (A) 31-60 days Delinquent, (B) 61-90 days Delinquent and (C) 91 or more days Delinquent;
(ii) for the related Due Period, the number, Aggregate aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate aggregate Principal Balances of the Mortgage Loans) of the Aggregate aggregate Principal Balances of such Mortgage Loans to the Aggregate aggregate Principal Balance of all Mortgage Loans in foreclosure proceedings and the number, Aggregate aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iii) for the related Due Period, the number, Aggregate aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate aggregate Principal Balances of the Mortgage Loans) of the Aggregate aggregate Principal Balances of such Mortgage Loans to the Aggregate aggregate Principal Balance of all Mortgage Loans relating to Mortgagors in bankruptcy proceedings and the number, Aggregate aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iv) for the related Due Period, the number, Aggregate aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate aggregate Principal Balances of the Mortgage Loans) of the Aggregate aggregate Principal Balances of such Mortgage Loans to the Aggregate aggregate Principal Balance of all Mortgage Loans relating to REO Properties and the number, Aggregate aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(v) the weighted average Mortgage Interest Rate for the Mortgage Loans in Loan Group I and Loan Group II, in each case, as of the Due Date occurring in the Due Period related to such Payment Distribution Date;
(vi) the weighted average remaining term to stated maturity of all Mortgage Loans;
(vii) the book value of any REO Property;
(viii) the Cumulative Realized Loss Percentage for the related Due Period and the Rolling Six Month Delinquency Ratio as of aggregate Cumulative Loss Percentage since the related Payment Closing Date;
(ix) with respect to each Monthly Paymentthe Delinquency Ratio, the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including Rolling Three Month Delinquency Rate and the date of such prepayment, and any Prepayment Charges)Twelve Month Loss Amount;
(x) with respect to each Monthly Payment, the amount aggregate Principal Balance of such remittance allocable to interest;the three largest Mortgage Loans; and
(xi) the total number of Mortgage Loans and the Aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 5.15; and
(xii) such other loan level information as either the Indenture Trustee may reasonably request to enable it to prepare the Indenture Trustee’s Remittance ReportBalance.
(b) [Reserved.]
(c) [ReservedIn connection with the transfer of the Notes, the Indenture Trustee on behalf of any Noteholder may request that the Servicer make available to any prospective Noteholder annual financial statements of the Servicer for one or more of the most recently completed five fiscal years for which such statements are publicly available, which request shall not be unreasonably denied or unreasonably delayed. Such annual financial statements also shall be made available to the Note Insurer upon request.]
(d) The Servicer also agrees, upon reasonable advanced written notice, to make available on a reasonable basis to the Note Insurer or any prospective Noteholder a knowledgeable financial or accounting officer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Note Insurer or any prospective Noteholder to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Note Insurer or such prospective Noteholder that the Servicer has the ability to service the Mortgage Loans in accordance with this Agreement.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)
Reports to be Provided by the Servicer. (a) By 3:00 p.m. eastern time on Two (2) Business Days prior to each Servicer Distribution Date, the second Business Day following Servicer shall deliver to the fifteenth Indenture Trustee a Servicer Remittance Report for such Distribution Date, setting forth the information required in the definition of "Indenture Trustee's Remittance Report."
(15thb) day of On each month (the “Servicer Reporting Distribution Date”), the Servicer shall deliver to the Indenture Trustee, the Underwriter, Intex and Bloomberg a Servicer Remittance Report for the related Servicer Remittance Date in an electronic format reporting on a loanBack-by-loan basis in such format as the up Servicer and the Indenture Trustee may agree, and setting forth Note Insurer (via E-mail at ▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇) the following information with respect to all Mortgage Loans as well as a break out as to (x) consumer purpose and business purpose Mortgage Loans and (y) each Mortgage Loan Group Group, in each case, as of the close of business on the last Business Day of the prior calendar month (except as otherwise provided in clause (v) below):
(i) the total number of Mortgage Loans and the Aggregate Principal Balances thereof, together with the number, Aggregate Principal Balances principal balances of such Mortgage Loans and the percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans (A) 31-60 59 days Delinquent, (B) 6160-90 89 days Delinquent and (C) 91 90 or more days Delinquent;
(ii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate aggregate Principal Balance of all Mortgage Loans in foreclosure proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iii) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to Mortgagors in bankruptcy proceedings and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(iv) the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of the Aggregate Principal Balances of such Mortgage Loans to the Aggregate Principal Balance of all Mortgage Loans relating to REO Properties and the number, Aggregate Principal Balances of all Mortgage Loans and percentage (based on the Aggregate Principal Balances of the Mortgage Loans) of any such Mortgage Loans also included in any of the statistics described in the foregoing clause (i);
(v) the weighted average Mortgage Interest Rate for the Mortgage Loans in Loan Group I and Loan Group II, in each case, as of the Due Date occurring in the Due Period related to such Payment Distribution Date;
(vi) the weighted average remaining term to stated maturity of all Mortgage Loans;
(vii) the book value of any REO Property;
(viii) the Cumulative Realized Loss Percentage Loan Losses and the Rolling Six Month Delinquency Ratio as of aggregate Cumulative Loan Losses since the related Payment Closing Date;; and
(ix) with respect to each Monthly Payment, the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, and any Prepayment Charges);
(x) with respect to each Monthly Payment, the amount of such remittance allocable to interest;
(xi) the total number and the Aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 5.15; and
(xii) such other loan level information as either and the Indenture Trustee may reasonably request to enable it to prepare the Indenture Trustee’s Remittance ReportPool Principal Balance.
(b) [Reserved.]
(c) [ReservedIn connection with the transfer of the Notes, the Indenture Trustee on behalf of any Noteholder may request that the Servicer make available to any prospective Noteholder annual audited financial statements of the Servicer for one or more of the most recently completed five (5) fiscal years for which such statements are publicly available, which request shall not be unreasonably denied or unreasonably delayed. Such annual audited financial statements also shall be made available to the Note Insurer upon request.]
(d) The Servicer also agrees to make available on a reasonable basis to the Note Insurer or any prospective Noteholder a knowledgeable financial or accounting officer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer or the financial statements of the Servicer and to permit the Note Insurer or any prospective Noteholder to inspect the Servicer's servicing facilities during normal business hours for the purpose of satisfying the Note Insurer or such prospective Noteholder that the Servicer has the ability to service the Mortgage Loans in accordance with this Agreement.
Appears in 1 contract
Sources: Sale and Servicing Agreement (American Business Financial Services Inc /De/)