Common use of Statements to Certificateholders Clause in Contracts

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Banc of America Mort Sec Inc Mort Pass THR Certs Ser 2003 G), Pooling and Servicing Agreement (Banc of America Mort Sec Inc Mort Pasthr Certs Ser 2003 F)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcyforeclosure) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, days and (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-A-IO Notional Amount for such Distribution Date, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income Class SES Distributable Amount for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇www.ctslink.com". Assistance in using the website can be obtained by calling the Trusteeca▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ee's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are unable to use the website are entitled to have a paper ▇▇ ▇▇▇▇ ▇ ▇▇▇er copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Banc of America Mortgage Sec Inc MRT Pas THR Cert Ser 2003-A), Pooling and Servicing Agreement (Banc of America Mort Sec Inc Mort Pass THR Cert Ser 2003-B)

Statements to Certificateholders. (a) (i) Prior to the Distribution Date in each month, based upon the information provided to the Trustee Securities Administrator on the Master Servicer's Certificates Certificate delivered to the Trustee Securities Administrator pursuant to Section 4.014.01 and with respect to subsections (V) and (W) below, after consultation with the Depositor, the Trustee Securities Administrator shall determine the following information with respect to the Shifting Interest Certificates and such Distribution Date: (iA) the actual Distribution Date, the related Record Date, the LIBOR Determination Date for the Class 1-A-1, Class 1-A-2 and Class 1-A-3 Certificates and the Interest Accrual Period for each Group, Class of Shifting Interest Certificates for such Distribution Date; (B) the Pool Distribution Amount; (C) the amount of the Pool Distribution Amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Prepayments, Liquidation Proceeds and other components included therein; (iiD) for each Group and the Class SES and Class WIO Certificates, the amount of the Pool Distribution Amount allocable to interest, the Class 1-A-5 Accrual Distribution Amount, the Class 1-A-6 Accrual Distribution Amount, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iiiE) if the distribution to the Holders of such Class of Shifting Interest Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (ivF) the Class Certificate Balance of each Class of Shifting Interest Certificates before and after giving effect to the distribution of principal on such Distribution Date; (vG) for each Loan Group, the Pool aggregate Stated Principal Balance of the Group 1 Mortgage Loans for the following preceding Distribution Date and the related Distribution Date; (viH) for each Loan Groupthe Senior Percentage, the Senior Prepayment Percentage, the Subordinate Percentage and the Subordinate Prepayment Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following such Distribution Date; (viiI) the amount of the Servicing Fee Fees paid to or retained by the Servicer Servicers with respect to each Loan Group 1 and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viiiJ) the Pass-Through Rate for each such Class of Shifting Interest Certificates (or Component) with respect to such Distribution Date; (ixK) for each with respect to the Shifting Interest Certificates and Loan GroupGroup 1, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on the Determination Date immediately preceding such Distribution Date; (xL) for each Loan Group, the number and aggregate principal amounts of Group 1 Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) days, 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiM) for each Loan Group, with respect to any Group 1 Mortgage Loan Loans that became an REO Property Properties during the preceding calendar month, the loan aggregate number of such Mortgage Loans and the aggregated Stated Principal Balance of such Mortgage Loan Loans as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereofof the REO Properties; (xiiN) for each Loan GroupGroup 1, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiiiO) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses with respect to the Group 1 Mortgage Loans incurred during the preceding calendar month and for each Group, or any Ratio Strip PO Deferred Amounts for such Distribution Date; (xvP) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for each Class of Interest Only Certificates ; (Q) for Loan Group 1, the Reimbursement Amount; (R) for Loan Group 1, the amount of Recoveries, the PO Recovery and the Non-PO Recovery; (S) any expenses or indemnification amounts paid by the Trust, the specific purpose of each payment and the parties to whom such payments were made; (T) any material modifications, extensions or waivers to Group 1 Mortgage Loan terms, fees, penalties or payments since the previous Distribution Date; (U) for the Group 1 Mortgage Loans, the number and aggregate Stated Principal Balance, the weighted average Mortgage Interest Rate, the weighted average remaining term, each as of the close of business on the last day of the calendar month preceding such Distribution Date; (xviV) unless such information is otherwise set forth in the Ancillary Income for Form 10-D relating to such Distribution DateDate and provided that the Securities Administrator is reasonably able to include such information in the statement, material breaches of Group 1 Mortgage Loan representations and warranties of which the Securities Administrator has knowledge or has received written notice; (W) unless such information is otherwise set forth in the Form 10-D relating to such Distribution Date and provided that the Securities Administrator is reasonably able to include such information in the statement, material breaches of any covenants under this Agreement of which the Securities Administrator has knowledge or has received written notice; and (xviiX) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this 1-A-4 Yield Maintenance Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible Payment paid to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Class 1-A-4 Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Banc of America Funding 2006-7 Trust), Pooling and Servicing Agreement (Banc of America Funding 2006-7 Trust)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee Securities Administrator on the Master Servicer's Certificates Certificate delivered to the Trustee Securities Administrator pursuant to Section 4.014.01 and with respect to subsections (xxii) and (xxiii) below, after consultation with the Depositor, the Trustee Securities Administrator shall determine the following information with respect to such Distribution Date: (i) the actual Distribution Date, the related Record Date, the Rate Determination Date and the Interest Accrual Period for each Class for such Distribution Date; (ii) for each Loan Group, the related Pool Distribution Amount; (iii) for each Loan Group, the amount of the Pool Distribution Amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Prepayments, Liquidation Proceeds and other components included therein; (iiiv) for each Group and the Class SES and Class WIO CertificatesLoan Group, the amount of the Pool Distribution Amount allocable to interest, the Accrual Distribution Amount, any Class Unpaid Interest Shortfall or and Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or and Component Unpaid Interest Shortfall after giving effect to such distribution; (iiiv) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (ivvi) the Class Certificate Balance of each Class of Certificates and the Component Balance of each Component before and after giving effect to the distribution of principal on such Distribution Date; (vvii) for each Loan Group, the Pool Stated Principal Balance for the following preceding Distribution Date and the related Distribution Date; (viviii) for each Loan Group, the Senior Percentage, the Total Senior Percentage, the Senior Prepayment Percentage, the Subordinate Percentage, the Aggregate Subordinate Percentage and the Subordinate Prepayment Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following such Distribution Date; (viiix) the amount of the Servicing Fee paid to or retained by the each Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viiix) the Pass-Through Rate for each such Class of Certificates (or Component) and each IO Component with respect to such Distribution Date; (ixxi) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on the Determination Date immediately preceding such Distribution Date; (xxii) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) days, 31 to 60 days (3) days, 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xixiii) for each Loan Group, with respect to any Mortgage Loan Loans that became an REO Property Properties during the preceding calendar month, the loan aggregate number of such Mortgage Loans and the aggregate Stated Principal Balance of such Mortgage Loan Loans as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereofof the REO Properties; (xiixiv) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xivxv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, Group or any Ratio Strip PO Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income Notional Amount for each Class of Interest Only Certificates and the Notional Amount for each IO Component for such Distribution Date; (xvii) for each Loan Group, the Reimbursement Amount; (xviii) for each Loan Group, the amount of Recoveries, the PO Recovery and the Non-PO Recovery; (xix) any expenses or indemnification amounts paid by the Trust, the specific purpose of each payment and the parties to whom such payments were made; (xx) any material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments since the previous Distribution Date; (xxi) for each Loan Group, the number and aggregate Stated Principal Balance of the Mortgage Loans, the weighted average Mortgage Interest Rate, the weighted average remaining term to maturity of the Mortgage Loans, each as of the close of business on the last day of the calendar month preceding such Distribution Date; (xxii) unless such information is otherwise set forth in the Form 10-D relating to such Distribution Date and provided that the Securities Administrator is reasonably able to include such information in the statement, material breaches of Mortgage Loan representations and warranties of which the Securities Administrator has knowledge or has received written notice; (xxiii) unless such information is otherwise set forth in the Form 10-D relating to such Distribution Date and provided that the Securities Administrator is reasonably able to include such information in the statement, material breaches of any covenants under this Agreement of which the Securities Administrator has knowledge or has received written notice; (xxiv) the Yield Maintenance Agreement Payment paid to the Class 3-A-1 Certificates; and (xviixxv) a statement as to whether any exchanges of Exchangeable or Exchangeable REMIC Certificates have taken place since the Class SES Compensating Interest for such Distribution Date. (b) No later than each preceding Distribution Date, the Trusteeand, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a)if applicable, the amounts shall be expressed Class designations, Class Certificate Balances, Notional Amounts, Pass Through Rates, and any interest and principal paid, including any shortfalls allocated, of any Classes of Exchangeable REMIC Certificates or Exchangeable Certificates that were received by the Certificateholder as a dollar amount per Certificate with a $1,000 denominationresult of such exchange. On each Distribution DateFor all purposes of this Agreement, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should any Mortgage Loan, delinquencies shall be included as interest determined and original issue discount in reported based on the so-called "MBA" methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Monthly Payment due on a Due Date if such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, Monthly Payment is not inconsistent with Treasury Regulations, selected made by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 close of business on the CodeMortgage Loan's next succeeding Due Date, and assets described in Section 7701(a)(19)(C) a Mortgage Loan would be more than 30-days delinquent with respect to such Monthly Payment if such Monthly Payment were not made by the close of business on the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the DepositorMortgage Loan's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to timesecond succeeding Due Date.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement, Pooling and Servicing Agreement (Banc of America Funding 2006-6 Trust)

Statements to Certificateholders. (a) Prior to the On each Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01Date, the Trustee shall determine include with each distribution to each Class A Certificateholder and Class B Certificateholder, and, if the following Class C Certificateholder is not the Seller or an Affiliate of the Seller, to the Class C Certificateholder, a statement (which statement shall also be provided to each Rating Agency) based on information with respect in the Servicer's Certificate furnished pursuant to Section 4.08, setting forth for the Collection Period relating to such Distribution DateDate the following information: (i) for each Group, the amount of such distribution allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount of such distribution allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of such distribution allocable to the shortfall and Yield Supplement Deposit, if any, plus reinvestment income, if any, on the allocation thereof as between principal and interestYield Supplement Account; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to amount on deposit in the distribution of principal on such Distribution DateYield Supplement Account; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding related Collection Period; (vi) the amount of the Base Servicing Fee paid to the Servicer with respect to the related Collection Period, the Class A Certificateholder's, the Class B Certificateholder's, or the Class C Certificateholder's Class A Percentage, Class B Percentage, or Class C Percentage, as the case may be, of the Base Servicing Fees, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date; (vii) the amount of the Class A Interest Carryover Shortfall, the Class A Principal Carryover Shortfall, the Class B Interest Carryover Shortfall, the Class B Principal Carryover Shortfall, the Class C Interest Carryover Shortfall and the Class C Principal Carryover Shortfall, if any, on such Distribution Date and the change in such amounts from the preceding Distribution Date; (Cviii) the Class A Certificate Balance, the Class A Certificate Factor, the Class A Pool Factor, the Class B Certificate Balance, the Class B Certificate Factor, the Class B Pool Factor and the Class C Certificate Balance as of such Distribution Date; (ix) the amounts otherwise distributable to the Class B Certificateholders and Class C Certificateholders that are distributed to Class A Certificateholders on such Distribution Date, and the amount otherwise distributable to the Class C Certificateholders that is distributed to the Class B Certificateholders or deposited in bankruptcythe Subordination Spread Account on such Distribution Date; (x) for so long as the Custody and Pledge Agreement or a related agreement is in existence, the balance of the Subordination Spread Account, as of the close of business case may be, on such Distribution Date, after giving effect to distributions made on such Distribution Date, and the last day of change in such balance from the calendar month preceding such Distribution Date; (xi) for each Loan Group, with the amount of Advances made in respect to any Mortgage Loan that became an REO Property of the Receivables during the preceding calendar month, related Collection Period and the loan number and Stated Principal Balance of such Mortgage Loan as amount of the close of business unreimbursed Advances on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiiixii) for each Group, the Senior Prepayment Percentage amount of defaults and net losses on the Subordinate Prepayment Percentage Receivables for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income for such Distribution Daterelated Collection Period; and (xviixiii) the Class SES Compensating Interest for such Distribution Datenumber of delinquencies on the Receivables as a percentage of the number of Receivables. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder Copies of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can statements may be obtained by calling Certificate Owners from the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have Trustee by a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchrequest in writing. The Trustee shall have provide such copies promptly after such requests. (c) Within the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable prescribed period of time for tax reporting purposes after the end of each calendar yearyear during the term of this Agreement, but not later than the latest date permitted by law, the Trustee shall furnish make available with the Clearing Agency holding Book-Entry Certificates or, if Definitive Certificates have been issued, mail to each Person who at any time during the such calendar year was the Holder shall have been a holder of a Certificate, if requested in writing by such Person, Definitive Certificate (other than the Seller or any Affiliate of the Seller) a statement containing the information sum of the amounts or the amount as of the end of such calendar year, as the case may be, set forth in clauses (i), (ii), (iii), (v), (vi) and (iivii) of Section 5.04(a)5.08(a) above and such other information, in each case aggregated if any, as the Servicer determines is necessary to ascertain the Certificateholder's share of the gross income and deductions of the Trust (exclusive of the Supplemental Servicing Fee) or is otherwise necessary under applicable law for the preparation of the federal income tax returns by Certificateholders for such calendar year or or, if such Person shall have been a holder of a Certificate during a portion of such calendar year, for the applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMICyear, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require for the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations purposes of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to timeCertificateholder's preparation of federal income tax returns.

Appears in 2 contracts

Sources: Pool and Servicing Agreement (Nissan Auto Receivables Corp Ii), Pooling and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Loan Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO CertificatesLoan Group, the amount allocable to interest, the Class 1-A-11 Accrual Distribution Amount, the Class 1-A-16 Accrual Distribution Amount, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution distribution, and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution, the Class 1-A-11 Accrual Distribution Amount and the Class 1-A-16 Accrual Distribution Amount; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and Date, the Crossed Group Total Senior Percentage, the Loan Group 2 Total Senior Percentage, the Loan Group 5 Total Senior Percentage and the Crossed Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, bankruptcy as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip PO Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES A-9 Notional Amount, the Class 1-AA-12 Notional Amount, the Class 1-WIO A-15 Notional Amount, the Class 15-IO Notional Amount, the Class 30-IO Notional Amount, the Class 20-IO Notional Amount, the Class 1-30-IO Notional Amount, the Class 2-SES Notional Amount, the Class 230-WIO Notional Amount, the Class 3-SES IO Notional Amount and the Class 35-WIO IO Notional Amount for such Distribution Date;Amount; and (xvi) for each Loan Group, the Ancillary Income amount of total Recoveries, the PO Recovery and the Non-PO Recovery; for such Distribution Date; and (xvii) Loan Group 4, the amount of the PO Recovery for Loan Group 4 allocated to the Class SES Compensating Interest 15-PO Certificates; for such Distribution DateLoan Group 5, the amount of the PO Recovery for Loan Group 5 allocated to the Class 5-PO Certificates. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's CertificatesCertificate, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ixii) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Banc of America Mortgage Securities Mortgage Pass-Through Certificates Series 2004-11Trust), Pooling and Servicing Agreement (Banc of America Mortgage Securities Inc)

Statements to Certificateholders. (a) Prior to On each Determination Date, the Distribution Date in each month, based upon the information provided Servicer shall provide to the Trustee on the Servicer's Certificates delivered to for the Trustee pursuant to Section 4.01forward to each Certificateholder of record as of the most recent Record Date, the Trustee shall determine a statement setting forth the following information with respect for the related Collection Period as to such Distribution Date: (i) for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date;extent applicable: (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (viia) the amount of the Servicing Fee paid such distribution allocable to or retained by the Servicer with respect to principal of each Loan Group and such Distribution Date and, if applicable, class of Certificates; (b) the amount of the Supplemental Servicing Fee payable such distribution allocable to the Servicer with respect to such Distribution Dateinterest of each class of Certificates; (viiic) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, Pool Balance as of the close of business on the last day of the calendar month preceding such Distribution Date related Collection Period after giving effect to payments allocated to principal reported under (1) above; (d) the Class A Certificate Balance and (C) in bankruptcy, the Class B Certificate Balance as of the close of business on the last day of the calendar month related Collection Period, after giving effect to payments allocated to principal reported under (1) above; (e) the amount of the Servicing Fee paid to the Servicer for the related Collection Period; (f) the amount, if any, of Class A Principal Carryover Shortfall, Class A Interest Carryover Shortfall, Class B Principal Carryover Shortfall and Class B Interest Carryover Shortfall, as applicable, on such Distribution Date and any change in the Class A Principal Carryover Shortfall, Class A Interest Carryover Shortfall, Class B Principal Carryover Shortfall and Class B Interest Carryover Shortfall, as applicable, from the preceding Distribution Date; (g) the amount of Realized Losses, if any, with respect to the related Collection Period. (h) the amount otherwise distributable to Holders of the Class B Certificates that is distributed to Holders of Class A Certificates on such Distribution Date. (i) the balance of the Reserve Account on such Distribution Date, after giving effect to deposits thereto and withdrawals therefrom made on such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Date; (xvj) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Yield Supplement Amount and the Class 3-WIO Notional Amount for amount on deposit in the Yield Supplement Account after giving effect to distributions on such Distribution Date; (xvi) the Ancillary Income for such Distribution Datedate; and (xviik) the Class SES Compensating Interest for aggregate Payahead Balance and the change in such balance from the preceding Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information . Each amount set forth in Section 5.04(a). In the case of information furnished pursuant to clauses subclauses (ia), (iib), (d) and (ixe) of Section 5.04(a), the amounts above shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic of original principal balance of Class A Certificate or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Class B Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to timeapplicable.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Gs Mortgage Securities Corp), Pooling and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee Securities Administrator on the Master Servicer's Certificates Certificate delivered to the Trustee Securities Administrator pursuant to Section 4.01, the Trustee Securities Administrator shall determine the following information with respect to such Distribution Date: (i) for each Loan Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO CertificatesLoan Group, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, (A) the Senior Percentage, the Senior Prepayment Percentage, the Subordinate Percentage and the Subordinate Prepayment Percentage for the following such Distribution Date and (B) the Total Senior Percentage, the Senior Prepayment Percentage, the Subordinate Percentage and Aggregate the Subordinate Prepayment Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the each Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, Group or any Ratio Strip Class PO Deferred Amounts for such Distribution Date; (xvxiv) the Class 1-A-SES A-13 Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES A-20 Notional Amount and the Class 330-WIO IO Notional Amount for such Distribution Date; (xvixv) for each Loan Group, the Ancillary Income for such Distribution Dateamount of Reimbursement Amounts; and (xviixvi) for each Loan Group, the amount of total Recoveries, the Class SES Compensating Interest for such Distribution DatePO Recovery and the Non-PO Recovery. (b) No later than each Distribution Date, the TrusteeSecurities Administrator, based upon information supplied to it on the Master Servicer's CertificatesCertificate, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer Master Servicer, a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ixii) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee Securities Administrator shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the TrusteeSecurities Administrator, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee Securities Administrator will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the TrusteeSecurities Administrator's Internet website. The TrusteeSecurities Administrator's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". ." Assistance in using the website can be obtained by calling the TrusteeSecurities Administrator's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in force. The Trustee Securities Administrator shall deliver to the Holders of Certificates any reports or information the Trustee Securities Administrator is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee Securities Administrator shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee Securities Administrator deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the TrusteeSecurities Administrator), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee Securities Administrator in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each Trust REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee Securities Administrator periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Funding Corp. 2005-2 Trust)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcyforeclosure) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, days and (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income Class SES Distributable Amount for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇www.ctslink.com". Assistance in using the website can be obtained by calling the Trusteeca▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ee's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are unable to use the website are entitled to have a paper ▇▇ ▇▇▇▇ ▇ ▇▇▇er copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Mort Sec Inc Mort Pass THR Cert Ser 2003-C)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, the Class A-2 Accrual Distribution Amount, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Groupthe Senior Percentage, the Senior Priority Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcyforeclosure) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, days and (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, or any Ratio Strip Class A-PO Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income for such Distribution Date; and (xviixv) the Class SES Compensating Interest for such Distribution Special Hazard Loss Amount, the Fraud Loss Amount and the Bankruptcy Loss Amount, in each case as of the related Determination Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available prepare and deliver (by mail, fax or electronically) to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will may make available each month, to any interested party, the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i), (ii) and (iivii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders Holder of the Residual Certificates Certificate for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders Holder of the Residual Certificates Certificate by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each the REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each the REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bank of Amereica Mort Sec Inc Mort Pass THR Cert Ser 2000 4)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee Securities Administrator on the Master Servicer's Certificates Certificate delivered to the Trustee Securities Administrator pursuant to Section 4.01, the Trustee Securities Administrator shall determine the following information with respect to such Distribution Date: (i) for each Loan Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO CertificatesLoan Group, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, (A) the Senior Percentage, the Senior Prepayment Percentage, the Subordinate Percentage and the Subordinate Prepayment Percentage for the following such Distribution Date and (B) the Total Senior Percentage, the Senior Prepayment Percentage, the Subordinate Percentage and Aggregate the Subordinate Prepayment Percentage for the following Distribution Date; (vii) the CB Crossed Loan Group Senior Percentage, the DB Crossed Loan Group Senior Percentage, the CB Crossed Loan Group Subordinate Percentage and the DB Crossed Loan Group Subordinate Percentage for such Distribution Date and for the following Distribution Date; (viii) the amount of the Servicing Fee paid to or retained by each Servicer with respect to each Loan Group and such Distribution Date, the amount of the Master Servicing Fee paid to the Master Servicer with respect to each Loan Group and such Distribution Date and, if applicable, and the amount of the Supplemental Servicing Fee payable to the premium paid by each Servicer with respect to each Mortgage Loan covered by a PMI Policy in each Loan Group and such Distribution Date; (viiiix) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ixx) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (xxi) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xixii) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xiixiii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Datemonth; (xv) the Class 1-A-SES Notional Amountfor each Loan Group, the Class 1-A-WIO Notional Reimbursement Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date;; and (xvi) for each Loan Group, the Ancillary Income for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Dateamount of Recoveries. (b) No later than each Distribution Date, the TrusteeSecurities Administrator, based upon information supplied to it on the Master Servicer's CertificatesCertificate, shall make available to each Holder of a Certificate, each Rating Agency and the Master Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ixii) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee Securities Administrator shall prepare and furnish make available to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the TrusteeSecurities Administrator, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee Securities Administrator will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the TrusteeSecurities Administrator's Internet website. The TrusteeSecurities Administrator's Internet website shall initially be located at "w▇▇www.ctslink.com.▇▇▇▇▇▇▇.▇▇▇". " Assistance in using the website can be obtained by calling the Trusteeca▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ities Administrator's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are unable to use the website are entitled to have a paper ▇▇ ▇▇▇▇ ▇ ▇▇▇er copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in force. The Trustee Securities Administrator shall deliver to the Holders of Certificates any reports or information the Trustee Securities Administrator is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee Securities Administrator shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee Securities Administrator deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders Holder of the Residual Certificates Certificate for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders Holder of the Residual Certificates Certificate by the TrusteeSecurities Administrator), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee Securities Administrator in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee Securities Administrator periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Funding 2005-H Trust)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.014.01 and with respect to subsections (xxi) and (xxii) below, after consultation with the Depositor, the Trustee shall determine the following information with respect to such Distribution Date: (i) the date of such Distribution Date and the Determination Date for such Distribution Date; (ii) for each Class, the applicable Record Date and Interest Accrual Period; (iii) for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (iiiv) for each Group and the Class SES and Class WIO CertificatesGroup, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iiiv) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (ivvi) the Class Certificate Balance of each Class of Certificates prior to and after giving effect to the distribution of principal on such Distribution Date; (vvii) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (viviii) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (viiix) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viiix) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ixxi) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and Date, the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date and the amount of Periodic Advances reimbursed since the previous Distribution Date; (xxii) for each Loan Group, the amount of Servicing Advances made since the previous Distribution Date and the aggregate amount of Servicing Advances outstanding as of the close of business on such Distribution Date; (xiii) for each Loan Group, the number and aggregate Stated Principal Balance of Mortgage Loans, the Net WAC, the ranges of Mortgage Interest Rates for the Mortgage Loans, separated by 0.25%, the weighted average remaining term to maturity of the Mortgage Loans and the cumulative amount of Principal Prepayments, each as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiv) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 in 30-day increments until foreclosure or more daysother disposition, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xixv) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xiixvi) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiiixvii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xivxviii) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month month; (xix) any expenses or indemnification amounts paid by the Trust, the specific purpose of each payment and the parties to whom such payments were made; (xx) for each Loan Group, the amount of Recovery; (xxi) any Ratio Strip Deferred Amounts for such material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments since the previous Distribution Date and cumulatively since the Cut-off Date; (xvxxii) unless such information is set forth in the Class 1Form 10-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for D relating to such Distribution Date; (xvi) Date and provided the Ancillary Income for Trustee is reasonably able to include such Distribution Dateinformation on the statement, any material breaches of representations and warranties relating to the Mortgage Loans and any material breach of covenants hereunder; and (xviixxiii) the Class SES Compensating Interest for such number and aggregate principal balance of any Mortgage Loans repurchased by the Depositor from the Trust since the previous Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's CertificatesCertificate, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (iiiii) and (ixiv) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall , initially be located at "w▇▇www.ctslink.com." The Trustee will also make available copies of the ▇▇▇▇▇▇▇.▇▇▇"▇▇▇s the Trustee files with the Securities and Exchange Commission, including distribution reports on Form 10-D, annual reports on Form 10-K, current reports on Form 8-K and amendments to these reports available through this website promptly (but no later than one Business Day) after they are filed with the Securities and Exchange Commission. Assistance in using the this website can be obtained by calling the Trustee's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (iiii), (iv) and (iiix) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders Holder of the Residual Certificates Certificate for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders Holder of the Residual Certificates Certificate by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Mortgage Securities Inc)

Statements to Certificateholders. (a) Prior On each Monthly Allocation Date, the 1997-A Securitization Trustee shall include with each allocation or distribution to each Certificateholder of record a statement, prepared by the Distribution Date in each monthServicer, based upon the on information provided to the Trustee on in the Servicer's Certificates delivered to the Trustee Certificate furnished pursuant to Section 4.015.01(b) of the 1997-A Servicing Supplement, setting forth for the Trustee shall determine related Collection Period and such Monthly Allocation Date the following information with respect to as of the related Record Date or Deposit Date or such Distribution Monthly Allocation Date, as the case may be: (i) for each Group, the amount allocable Investor Percentage and Transferor Percentage in effect with respect to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included thereinrelated Collection Period; (ii) for the Certificate Distribution Amount being allocated or distributed to each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distributionof Certificateholders; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall Certificate Distribution Amount allocable to interest on and the allocation thereof as between principal of each Class of Certificates, separately identifying any interest on Certificate Principal Loss Amounts and interestany Maturity Advances; (iv) the amount of the Certificate Distribution Amount, if any, allocable to the Class A-1 Interest Carryover Shortfall, Class A-2 Interest Carryover Shortfall, Class A-3 Interest Carryover Shortfall and Class B Interest Carryover Shortfall; (v) the amount, if any, of the remaining unpaid Class A-1 Interest Carryover Shortfall, Class A-2 Interest Carryover Shortfall, Class A-3 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to the Certificate Distribution Amount; (vi) the Certificate Balance, the Class A-1 Certificate Balance, the Class A-2 Certificate Balance, the Class A-3 Certificate Balance, the Class B Certificate Balance, the Class A-1 Certificate Factor, the Class A-2 Certificate Factor, the Class A-3 Certificate Factor, the Class B Certificate Factor and the Adjusted Certificate Balance of each Class of Certificates Investor Certificates, in each case as of such Monthly Allocation Date and after giving effect to the allocation and/or distribution of principal on such the Certificate Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution DateAmount; (vii) the amount aggregate amount, if any, of the Servicing Fee paid to reimbursement of Loss Amounts included in the allocation or retained by distribution of the Servicer with respect Certificate Distribution Amount and the amount thereof allocated to each Loan Group and such Distribution Date and, if applicableof the Class A-1 Loss Amounts, the amount of Class A-2 Loss Amounts, the Supplemental Servicing Fee payable to Class A-3 Loss Amounts and the Servicer with respect to such Distribution DateClass B Loss Amounts; (viii) the Pass-Through Rate for amount, if any, of the reimbursement of Class A-1 Certificate Principal Loss Amounts, Class A-2 Certificate Principal Loss Amounts, Class A-3 Certificate Principal Loss Amounts and Class B Certificate Principal Loss Amounts included in the Certificate Distribution Amount, in each such Class case together with the amount of Certificates (or Component) with respect to such Distribution Dateaccrued interest thereon; (ix) for each Loan Groupthe amount, the amount if any, of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as unreimbursed Class A-1 Certificate Principal Loss Amounts, Class A-2 Certificate Principal Loss Amounts, Class A-3 Certificate Principal Loss Amounts and Class B Certificate Principal Loss Amounts after giving effect to the allocation or distribution of the close of business on such Certificate Distribution DateAmount; (x) for each Loan Groupthe amount of any Class B Available Principal and unreimbursed Class B Available Principal, after giving effect to the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure allocation or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as distribution of the close of business on the last day of the calendar month preceding such Certificate Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution DateAmount; (xi) the Investor Percentage of the Servicing Fee allocable to the 1997-A SUBI for each Loan Group, such Monthly Allocation Date and any unpaid previous such amounts with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereofprior Monthly Allocations Dates; (xii) for each Loan Groupthe amount of any Required Amount included in the Certificate Distribution Amount and the balance on deposit in the Reserve Fund and the Class B Interest Reserve Amount on such Monthly Allocation Date, after giving effect to withdrawals therefrom and deposits thereto on such Monthly Allocation Date, the total number change in such balance from the immediately preceding Monthly Allocation Date and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution DateSpecified Reserve Fund Balance; (xiii) for each Groupthe amount of Transferor Amounts, if any, included in the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Certificate Distribution DateAmount; (xiv) for each Loan Group, the aggregate amount Aggregate Net Investment Value as of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for end of such Distribution DateCollection Period; (xv) the Class 1-A-SES Notional Amount, aggregate amount of Payments Ahead received by the Class 1-A-WIO Notional Amount, Servicer and being held thereby or on deposit in the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount SUBI Collection Account in respect of future Collection Periods and the Class 3-WIO Notional Amount for change in such Distribution amount from the immediately preceding Monthly Allocation Date; (xvi) the Ancillary Income for such amount of Advances and Maturity Advances made, and the amount of unreimbursed Advances and Maturity Advances outstanding after giving effect to the allocation or distribution of the Certificate Distribution Date; andAmount; (xvii) the Class SES Compensating weighted average Contract Rate of the Contracts in the 1997-A SUBI Portfolio for the immediately preceding Collection Period, the Charge-off Rate and Delinquency Percentage for each of the three immediately preceding Collection Periods; (xviii) Whether the "Residual Value Test" is satisfied, separately stating (A) whether with respect to the related Collection Period the number of Leased Vehicles returned to the Servicer during such period relating to Contracts that became Matured Contracts during such period is greater than 25% of all Contracts that, as of their respective origination dates, had been scheduled to become Matured Contracts during such period (provided that at least 500 such Contracts had been scheduled to become Matured Contracts during such Collection Period), and (B) whether the average Net Matured Leased Vehicle Proceeds during the three immediately preceding calendar months (or the months of August and September 1997 in the case of the October 1997 Determination Date) is less than 75% of the average Residual Values of Leased Vehicles disposed of or liquidated during such period; provided, however, that such statement with respect to the Monthly Allocation Date in September 1997 may include only information with respect to the 1997-A SUBI Assets as of the Cut-off Date and with respect to the 1997-A SUBI Certificateholders' Account Interest for Deposit, and that such Distribution Datestatement with respect to the Monthly Allocation Date in October 1997 will include all such information with respect to the Monthly Allocation Dates in September 1997 and in October 1997 reported separately. Any Certificate Owner may obtain a copy of any such statement, of any Servicer's Certificate required pursuant to Section 5.01(b) of the 1997-A SUBI Servicing Supplement, any annual report of Independent Accountants required pursuant to Section 5.02 of the 1997-A SUBI Servicing Supplement, and of any annual Officer's Certificate required pursuant to Section 5.03 of the 1997-A SUBI Servicing Supplement, upon written request to the 1997-A Securitization Trustee at the Corporate Trust Office. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, but not later than the latest date permitted by law, the 1997-A Securitization Trustee shall furnish mail to each Person who at any time during the such calendar year was the shall have been a Holder of a an Investor Certificate, if requested in writing by such Person, a statement containing or statements which in the information aggregate contain the sum of the amounts set forth in clauses (iiii), (ix) and (iixi) of in Section 5.04(a), in each case aggregated 3.03(a) for such calendar year or or, in the event such Person shall have been a Holder of an Investor Certificate during a portion of such calendar year, for the applicable portion thereof during which of such year, for the purposes of such Certificateholder's preparation of federal income tax returns. In addition, the Servicer shall furnish to the 1997-A Securitization Trustee for distribution to such Person was a Certificateholder. Such obligation of at such time any other information reasonably necessary under applicable law for the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage preparation of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local income tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to timereturns.

Appears in 1 contract

Sources: 1997 a Securitization Trust Agreement (Toyota Auto Lease Trust 1997-A)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.014.01 and with respect to subsections (xx) and (xxi) below, after consultation with the Depositor, the Trustee shall determine the following information with respect to such Distribution Date: (i) the date of such Distribution Date and the Determination Date for such Distribution Date; (ii) for each Class, the applicable Record Date and Interest Accrual Period; (iii) for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (iiiv) for each Group and the Class SES and Class WIO CertificatesGroup, the amount allocable to interest, the Class CB-18 Accrual Distribution Amount, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iiiv) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (ivvi) the Class Certificate Balance of each Class of Certificates prior to and after giving effect to the distribution of principal on such Distribution Date; (vvii) for each Loan Group, the Pool Stated Principal Balance for the following such Distribution Date; (viviii) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following such Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following such Distribution Date; (viiix) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viiix) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ixxi) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and Date, the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date and the amount of Periodic Advances reimbursed since the previous Distribution Date; (xxii) for each Loan Group, the number and aggregate Stated Principal Balance of the Mortgage Loans, the ranges of Mortgage Interest Rates for the Mortgage Loans, separated by 0.25%, the weighted average remaining term to maturity of the Mortgage Loans and the cumulative amount of Principal Prepayments, each as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiii) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 in 30-day increments until foreclosure or more daysother disposition, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, bankruptcy as of the close of business on the last day of the calendar month preceding such Distribution Date; (xixiv) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xiixv) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiiixvi) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following such Distribution Date; (xivxvii) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip PO Deferred Amounts for such Distribution Date; (xvxviii) the Class 1-A-SES CB-9 Notional Amount, the Class 1-A-WIO CB-12 Notional Amount, the Class CB-16 Notional Amount, Class CB-IO Notional Amount, Class 2-SES A-2 Notional Amount, the Class X-IO Notional Amount, Class 2-WIO X-IO Notional Amount, the Amount and Class 3-SES X-IO Notional Amount Amount; (xix) any expenses or indemnification amounts paid by the Trust, the specific purpose of each payment and the Class 3parties to whom such payments were made; (xx) for each Loan Group the amount of total Recoveries, the PO Recovery and the Non-WIO Notional Amount for such PO Recovery; (xxi) any material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments since the previous Distribution Date and cumulatively since the Cut-off Date; (xvixxii) unless such information is set forth in the Form 10-D relating to such Distribution Date and provided the Trustee is reasonably able to include such information on the statement, any material breaches of representations and warranties relating to the Mortgage Loans and any material breach of covenants hereunder; (xxiii) the Ancillary Income for such number and aggregate principal balance of any Mortgage Loans repurchased by the Depositor from the Trust since the previous Distribution Date; and (xviixxiv) the Class SES Compensating Interest for such Distribution DateCB-10 Yield Maintenance Agreement Payment, Class CB-11 Yield Maintenance Agreement Payment, Class CB-14 Yield Maintenance Agreement Payment and Class CB-15 Yield Maintenance Agreement Payment received from the Counterparty and paid to the Class CB-10, Class CB-11, Class CB-14 and Class CB-15 Certificates, as the case may be. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's CertificatesCertificate, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (iiiii) and (ixiv) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall , initially be located at "w▇▇.www.ctslink.com". The Trustee will also make available copies of the ▇▇▇▇▇▇▇.▇▇▇"▇▇▇s the Trustee files with the Securities and Exchange Commission, including distribution reports on Form 10-D, annual reports on Form 10-K, current reports on Form 8-K and amendments to these reports available through this website promptly (but no later than one Business Day) after they are filed with the Securities and Exchange Commission. Assistance in using the this website can be obtained by calling the Trustee's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (iiii), (iv) and (iiix) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders Holder of the Residual Certificates Certificate for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders Holder of the Residual Certificates Certificate by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Alternative Loan Trust 2006-5)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates Certificate delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) the actual Distribution Date, the related Record Date and the Interest Accrual Period for each Class for such Distribution Date; (ii) for each Loan Group, the related Pool Distribution Amount; (iii) for each Loan Group, the amount of the Pool Distribution Amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Prepayments, Liquidation Proceeds and other components included therein; (iiiv) for each Group and the Class SES and Class WIO CertificatesLoan Group, the amount of the Pool Distribution Amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iiiv) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (ivvi) the Class Certificate Balance of each Class of Certificates before and after giving effect to the distribution of principal on such Distribution Date; (vvii) for each Loan Group, the Pool Stated Principal Balance for the following preceding Distribution Date and the related Distribution Date; (viviii) for each Loan Group, the Senior Percentage, the Senior Prepayment Percentage, the Subordinate Percentage and the Subordinate Prepayment Percentage for the following such Distribution Date and Date; (ix) the Total Senior Percentage and Aggregate the Total Subordinate Percentage for the following such Distribution Date; (viix) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, and the amount of the Supplemental Servicing Trustee Fee payable paid to or retained by the Servicer Trustee with respect to each Loan Group and such Distribution Date; (viiixi) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ixxii) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on the Determination Date immediately preceding such Distribution Date; (xxiii) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) days, 31 to 60 days (3) days, 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xixiv) for each Loan Group, with respect to any Mortgage Loan Loans that became an REO Property Properties during the preceding calendar month, the loan aggregate number of such Mortgage Loans and the aggregated Stated Principal Balance of such Mortgage Loan Loans as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereofof the REO Properties; (xiixv) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xivxvi) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Datemonth; (xvxvii) the Class 1-A-SES Notional Amountfor each Loan Group, the Class 1-A-WIO Notional Reimbursement Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvixviii) for each Loan Group, the Ancillary Income amount of Recoveries; (xix) for each Loan Group, the number of Mortgage Loans at the end of the applicable reporting period, and the Net WAC and weighted average remaining term; (xx) unless such information is otherwise set forth in the Form 10-D relating to such Distribution DateDate and provided that the Trustee is reasonably able to include such information in the statement, material breaches of Mortgage Loan representations and warranties of which the Trustee has knowledge or has received written notice; and (xviixxi) unless such information is otherwise set forth in the Class SES Compensating Interest for Form 10-D relating to such Distribution Date and provided that the Trustee is reasonably able to include such information in the statement, material breaches of any covenants under this Agreement of which the Trustee has knowledge or has received written notice. For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined and reported based on the so-called "MBA" methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan's next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan's second succeeding Due Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's CertificatesCertificate, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (iiiii) and (ixiv) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish make available to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution DateDate (a "Monthly Statement"). The Trustee will make the monthly statement Monthly Statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.Internet

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Funding 2006-E Trust)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Loan Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO CertificatesLoan Group, the amount allocable to interest, the Class 1-CB-8 Accrual Distribution Amount, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, bankruptcy as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip PO Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES CB-2 Notional Amount, the Class 1-ACB-WIO IO Notional Amount, the Class 2-SES CB-IO Notional Amount, the Class 23-WIO CB-IO Notional Amount, the Class 34-SES A-2 Notional Amount and the Class 34-WIO IO Notional Amount for such Distribution Date; (xvi) the Ancillary Income for such Distribution DateYield Maintenance Agreement Payments received from the Counterparty and Yield Maintenance Amounts and Yield Maintenance Amount Shortfalls paid to the Class 1-CB-1 and Class 4-A-1 Certificates; and (xvii) for each Loan Group the Class SES Compensating Interest for such Distribution Dateamount of total Recoveries, the PO Recovery and the Non-PO Recovery. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's CertificatesCertificate, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ixii) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Alternative Loan Trust Mortgage Pass-Through Certificates Series 2005-11)

Statements to Certificateholders. (a) Prior to the On each Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01Date, the Trustee shall determine include with each distribution to each Class A Certificateholder, and, if the following Class B Certificateholder is not the Seller or any Person controlling, controlled by or under the common control with the Seller, to the Class B Certificateholder, a statement (which statement shall also be provided to each rating agency then rating such Certificates) based on information with respect in the Servicer's Certificate furnished pursuant to Section 4.09, setting forth for the Collection Period relating to such Distribution DateDate the following information: (i) for each Group, the amount of such distribution allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount of such distribution allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of such distribution allocable to the shortfall and the allocation thereof as between principal and interestYield Supplement Amount; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to amount on deposit in the distribution of principal on such Distribution DateYield Supplement Reserve Account; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding related Collection Period; (vi) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the Class A Certificateholder's or the Class B Certificateholder's Class A Percentage or Class B Percentage, as the case may be, of the Servicing Fees, the amount of any unpaid Servicing Fees and the change in such amount from that of the prior Distribution Date and any additional servicing compensation paid to the Servicer with respect to the related Collection Period, if any; (vii) the amount of the Class A Interest Carryover Shortfall and the Class A Principal Carryover Shortfall (and the Class B Interest Carryover Shortfall and the Class B Principal Carryover Shortfall, as the case may be), if any, on such Distribution Date and the change in such amounts from the preceding Distribution Date; (Cviii) in bankruptcythe Class A Certificate Balance, the Class A Certificate Factor, the Class A Pool Factor and Class B Certificate Balance as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiix) for each Loan Group, with respect the amounts otherwise distributable to any Mortgage Loan the Class B Certificateholders that became an REO Property during are distributed to Class A Certificateholders and/or deposited in the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business Class A Subordination Spread Account on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiiix) for each Groupf or so long as there is a related Custody and Pledge Agreement in existence, the Senior Prepayment Percentage and balance of the Subordinate Prepayment Percentage for Class A Subordination Spread Account or the following Distribution Date; (xiv) for each Loan GroupClass B Subordination Spread Account, as the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Groupcase may be, any Ratio Strip Deferred Amounts for on such Distribution Date; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for after giving effect to distributions made on such Distribution Date; (xvi) , and the Ancillary Income for change in such balance from the preceding Distribution Date; and (xviixi) the Class SES Compensating Interest for amount of Advances made in respect of the related Collection Period and the amount of the unreimbursed Advances on such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information Each amount set forth in Section 5.04(a). In the case of information furnished pursuant to clauses subclauses (i), (ii), (vi) and (ixvii) of Section 5.04(a), the amounts above shall be expressed in the aggregate and as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Dateof original principal balance of a Class A Certificate or Class B Certificate, as the Trustee shall prepare and furnish to each Financial Market Service, in electronic or case may be. (c) Copies of such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can statements may be obtained by calling Certificate Owners from the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have Trustee by a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchrequest in writing. The Trustee shall have provide such copies promptly after such requests. (d) Within the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable prescribed period of time for tax reporting purposes after the end of each calendar yearyear during the term of the Agreement, but not later than the latest date permitted by law, the Trustee shall furnish mail to each Person who at any time during the such calendar year was the Holder shall have been a holder of a CertificateClass A Certificate or a holder of a Class B Certificate (other than the Seller or any Person controlling, if requested in writing controlled by such Person, or under common control with the Seller) a statement containing the information sum of the amounts or the amount as of the end of such calendar year, as the case may be, set forth in clauses (i), (ii), (iii), (v), (vi) and (iivii) and such other information, if any, as the Servicer determines is necessary to ascertain the Certificateholder's share of Section 5.04(a)the gross income and deductions of the Trust (exclusive of the Supplemental Servicing Fee) or is otherwise necessary under applicable law for the preparation of the federal income tax returns by Certificateholders, in each case aggregated for such calendar year or or, in the event such Person shall have been a holder of a Certificate during a portion of such calendar year, for the applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMICyear, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require for the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations purposes of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to timeCertificateholder's preparation of federal income tax returns.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Nissan Auto Receivables Corp /De)

Statements to Certificateholders. (a) Prior to On each Distribution -------------------------------- Date, the Distribution Date in each month, based upon the information provided Servicer shall provide to the Trustee on the Servicer's Certificates delivered to for the Trustee pursuant to Section 4.01forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the Trustee shall determine form of Exhibit E setting forth at least the following information with respect as to such Distribution Dateeach Class of Certificates to the extent applicable: (i) for each Group, the amount of such distribution allocable to principal, separately identifying the aggregate amount principal of any Principal Prepayments and Liquidation Proceeds included thereineach class of Certificates; (ii) for each Group and the Class SES and Class WIO Certificates, the amount of such distribution allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distributioninterest of each class of Certificates; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding Collection Period; (iv) the Class A Certificate Balance and Class B Certificate Balance and the Class A Pool Factor and Class B Pool Factor after giving effect to all payments reported under clause (i) above on such date; (v) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period or Collection Periods, as the case may be; (vi) the amount of the Class A Principal Carryover Shortfall and Class A Interest Carryover Shortfall and Class B Principal Carryover Shortfall and Class B Interest Carryover Shortfall, as applicable, if any, on such Distribution Date and (C) the change in bankruptcythe Class A Principal Carryover Shortfall and Class A Interest Carryover Shortfall and Class B Principal Carryover Shortfall and Class B Interest Carryover Shortfall, as applicable, from the preceding Distribution Date; (vii) the amount of aggregate Realized Losses, if any, for the second preceding Collection Period; (viii) the aggregate Purchase Amounts for Receivables, if any, that were repurchased in such period; (ix) the amount otherwise distributable to the Class B Certificateholders that is distributed to Class A Certificateholders on such Distribution Date; (x) the balance of the close of business Reserve Account on the last day of the calendar month preceding such Distribution Date, after giving effect to deposits and withdrawals made on such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the aggregate Payahead Balance and the change in such balance from the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereofDate; (xii) for each Loan GroupDistribution Dates during the Funding Period (if any), the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date;remaining Pre-Funded Amount; and (xiii) for each Groupthe first Distribution Date that is on or immediately following the end of the Funding Period (if any), the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during any remaining Pre-Funded Amount that has not been used to fund the preceding calendar month purchase of Subsequent Receivables and for each Group, any Ratio Strip Deferred Amounts for such Distribution Date; (xv) is passed through as payments of principal of the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information . Each amount set forth in Section 5.04(a). In the case of information furnished pursuant to clauses subclauses (i), (ii) and (ix) of Section 5.04(a), the amounts (v) or (vi) above shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder original principal balance of a Class A or Class B Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to timeapplicable.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Morgan Stanley Abs Capital Ii Inc)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, the Accrual Distribution Amount, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Groupthe Senior Percentage, the Senior Priority Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the any Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcyforeclosure) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, days and (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, or any Ratio Strip Class A-PO Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES A-3 Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO SES Notional Amount for such Distribution Date; (xvi) the Ancillary Income Class SES Distributable Amount for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Alternative Loan Trust 2003-3)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Loan Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class 15-IO, Class 30-IO, Class SES and Class WIO X-B Certificates, the amount allocable to interest, the Class 2-A-6 Accrual Distribution Amount, the Class 2-A-7 Accrual Distribution Amount, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and distribution, any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distributiondistribution and the Accrual Distribution Amount; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; ; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and Date, the Total Senior Percentage and the Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Mortgag Sec Inc Pass Thru Cert Series 2004-3)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee Securities Administrator on the Master Servicer's Certificates delivered to the Trustee Securities Administrator pursuant to Section 4.01, the Trustee Securities Administrator shall determine the following information with respect to such Distribution Date: (i) for each Loan Group, the amount allocable to principal, separately identifying the aggregate amount of any Payoffs, Curtailments, Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO CertificatesLoan Group, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, (A) the Senior Percentage, the Senior Prepayment Percentage, the Subordinate Percentage and the Subordinate Prepayment Percentage for the following such Distribution Date and (B) the Total Senior Percentage, the Senior Prepayment Percentage, the Subordinate Percentage and Aggregate the Subordinate Prepayment Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the each Servicer with respect to each Loan Group and such Distribution Date and, if applicable, Date; (viii) the amount of the Supplemental WMMSC Master Servicing Fee payable paid to the WMMSC Master Servicer with respect to each Loan Group and such Distribution Date; (viiiix) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ixx) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (xxi) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xixii) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xiixiii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, Group or any Ratio Strip Class PO Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES A-7 Notional Amount, the Class 130-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES IO Notional Amount and the Class 315-WIO IO Notional Amount for such Distribution Date; (xvi) for each Loan Group, the Ancillary Income for such Distribution Dateamount of Buy-Down Funds and WF Master Serviced Loan Reimbursement Amounts and WMMSC Master Serviced Loan Reimbursement Amounts; and (xvii) for each Loan Group the amount of total Recoveries, the Class SES Compensating Interest PO Recovery and the Non-PO Recovery and for such Distribution DateLoan Group 2, the amount of the Class PO Recovery for Loan Group 2 allocated to the Class 2-X-PO Component and the Class 2-15-PO Component and for Loan Group 3, the amount of the Class PO Recovery for Loan Group 3 allocated to the Class 3-X-PO Component and the Class 3-15-PO Component. (b) No later than each Distribution Date, the TrusteeSecurities Administrator, based upon information supplied to it on the Master Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer Master Servicers a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ixii) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee Securities Administrator shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the TrusteeSecurities Administrator, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee Securities Administrator will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the TrusteeSecurities Administrator's Internet website. The TrusteeSecurities Administrator's Internet website shall initially be located at "w▇▇www.ctslink.com.▇▇▇▇▇▇▇.▇▇▇". " Assistance in using the website can be obtained by calling the Trusteeca▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ities Administrator's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are unable to use the website are entitled to have a paper ▇▇ ▇▇▇▇ ▇ ▇▇▇er copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in force. The Trustee Securities Administrator shall deliver to the Holders of Certificates any reports or information the Trustee Securities Administrator is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee Securities Administrator shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee Securities Administrator deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the TrusteeSecurities Administrator), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee Securities Administrator in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee Securities Administrator periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Funding Corp. Mortgage Pass-Through Certificates Series 2004-4)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, the Accrual Distribution Amount, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Groupthe Senior Percentage, the Senior Priority Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcyforeclosure) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, days and (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, or any Ratio Strip Class A-PO Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income for such Distribution Date; and (xviixv) in the case of the Class SES Compensating Interest A-WIO Certificates, the Class A-WIO Notional Amount for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available prepare and deliver (by mail, fax or electronically) to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will may make available each month, to any interested party, the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i), (ii) and (iivii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders Holder of the Residual Certificates Certificate for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders Holder of the Residual Certificates Certificate by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each the REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each the REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Mortgage Pass Through Certificates Series 2002-1)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided a. The Servicer shall prepare and furnish to the Trustee the statements specified below relating to the Class A Certificates, Class M-1 Certificates, Class B-1 Certificates and Class B-2 Certificates on or before the third Business Day next preceding each Remittance Date. The Trustee and the Servicer shall inform any Certificateholder, ▇▇▇▇▇▇ Brothers Inc., ▇▇▇▇▇▇▇ ▇▇▇▇▇ & Co., ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇ Incorporated, and Salomon Brothers Inc, inquiring by telephone of the information contained in the most recent Monthly Report. b. Concurrently with each distribution charged to the Certificate Account the Trustee, so long as it has received the Monthly Report from the Servicer's Certificates delivered , shall forward or cause to be forwarded by mail to each Holder of a Class A Certificate and (if the Trustee pursuant to Section 4.01, Company is not the Trustee shall determine Servicer) the following information with respect to such Distribution DateCompany a statement setting forth the following: (i) for each Group, the amount of such distribution to Holders of each Class of Class A Certificates allocable to interest, separately identifying any Unpaid Class A Interest Shortfall included in such distribution and any remaining Unpaid Class A Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of each Class of Class A Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Unpaid Class Unpaid Interest Shortfall or Component Unpaid Interest A Principal Shortfall after giving effect to such distribution; (iii) the amount, if any, by which the distribution to Class A Formula Distribution Amount for such Remittance Date exceeds the Holders of Class A Distribution Amount for such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interestRemittance Date; (iv) the Class Certificate Principal Balance of for each Class of Certificates Class A Certificates, after giving effect to the distribution of principal on such Distribution Remittance Date; (v) the Class A Percentage for each Loan Group, the Pool Stated Principal Balance for such Remittance Date and the following Distribution Remittance Date; (vi) the Pool Scheduled Principal Balance of the Contracts for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution such Remittance Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution DatePool Factor; (viii) the Passnumber and aggregate principal balances of Contracts delinquent (a) 30-Through Rate for each such Class of Certificates 59 days and (b) 60 or Component) with respect to such Distribution Datemore days; (ix) for each Loan Group, the amount number of Periodic Advances included in Manufactured Homes that were repossessed during the distribution on month ending immediately prior to such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Remittance Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans Manufactured Homes that were repossessed but remain in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, inventory as of the close of business on the last day of the calendar month preceding related Due Period ending immediately prior to such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Remittance Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan Class M-1 Distribution Test (as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereofset forth in Exhibit N hereto); (xii) for each Loan Group, the total number and principal balance of any REO Properties Class B Distribution Test (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Dateset forth in Exhibit N hereto); (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution DateWeighted Average Contract Rate of all outstanding Contracts; (xiv) for each Loan Groupthe Class M-1 Interest Deficiency Amount, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Groupif any, any Ratio Strip Deferred Amounts for such Distribution Remittance Date;; and (xv) the Class 1-A-SES Notional B-1 Interest Deficiency Amount, the Class 1-A-WIO Notional Amountif any, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Remittance Date; (xvi) the Ancillary Income for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), ) through (iiiv) and (ix) of Section 5.04(a)above, the amounts shall be expressed as a dollar amount per Class A Certificate with a 1% Percentage Interest or per $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changesdenomination of Class A Certificate. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, Class A Certificate a statement containing the information set forth in clauses (i) with respect to interest accrued and (ii) of Section 5.04(a), in each case aggregated for principal paid on its Certificates during such calendar year or applicable portion thereof during which such Person was a Certificateholderyear. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code. c. On each Remittance Date, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, forward or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information cause to be reported forwarded by mail to the Holders each Holder of a Class M-1 Certificate a copy of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be Monthly Report forwarded to the Holders of the Residual Class A Certificates by on such Remittance Date. The Servicer shall also furnish to the Trustee), which shall forward such report to the Class M-1 Certificateholders as part of the Monthly Report, the following information: (i) the amount of such distribution to Holders of Class M-1 Certificates allocable to interest, separately identifying any Unpaid Class M-1 Interest Shortfall included in such distribution, any remaining Unpaid Class M-1 Interest Shortfall after giving effect to such distribution, any Class M-1 Liquidation Loss Interest Amount included in such distribution and any remaining unpaid Class M-1 Liquidation Loss Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of Class M-1 Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments included therein and any remaining Unpaid Class M-1 Principal Shortfall after giving effect to such distribution; (iii) the amount, if any, by which the Class M-1 Formula Distribution Amount for such Remittance Date exceeds the Amount Available less the Class A Distribution Amount for such Remittance Date; (iv) the Class M-1 Principal Balance and the Class M-1 Adjusted Principal Balance (if different) after giving effect to the distribution of principal on such Remittance Date; (v) the Class M-1 Percentage for such Remittance Date and the following Remittance Date; and (vi) the information described above in Section 6.05(b)(vi) through (xv). In the case of the information in clauses (i) through (iv) above, the amounts shall be expressed as a dollar amount per Class M-1 Certificate with a 1% Percentage Interest or per $1,000 denomination of Class M-1 Certificate. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Class M-1 Certificate a statement containing the applicable distribution information provided pursuant to this Section aggregated for such calendar year or applicable portion thereof during which such Person was the Holder of a Class M-1 Certificate. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time enforced. d. On each Remittance Date, the Trustee shall forward or cause to be forwarded by mail to each Holder of a Class B-1 Certificate a copy of the Monthly Report forwarded to the Holders of Class A and Class M-1 Certificates with respect on such Remittance Date. The Servicer shall also furnish to amounts the Trustee, which should be shall forward such report to the Class B-1 Certificateholders as part of the Monthly Report, the following information: (i) the amount of such distribution to Holders of Class B-1 Certificates allocable to interest, separately identifying any Unpaid Class B-1 Interest Shortfall included as interest and original issue discount in such Holders' gross income distribution, any remaining Unpaid Class B-1 Interest Shortfall after giving effect to such distribution, any Class B-1 Liquidation Loss Interest Amount included in such distribution and any remaining Unpaid Class B-1 Liquidation Loss Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of Class B-1 Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments included therein, and any remaining Unpaid Class B-1 Principal Shortfall after giving effect to such distribution; (iii) the amount, if any, by which the Class B-1 Formula Distribution Amount for such Remittance Date exceeds the Amount Available less the Class A Distribution Amount and M-1 Distribution Amount for such Remittance Date; (iv) the Class B-1 Principal Balance and the Class B-1 Adjusted Principal Balance (if different) after giving effect to the distribution of principal on such Remittance Date; (v) the Class B Percentage for such Remittance Date and the following Remittance Date; and (vi) the information described above in Section 6.05(b)(vi) through (xv). In the case of the information in clauses (i) through (iv) above, the amounts shall be expressed as a dollar amount per Class B-1 Certificate with a 1% Percentage Interest or per $1,000 denomination of Class B-1 Certificate. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Class B-1 Certificate a statement containing the applicable distribution information provided pursuant to all Holders this Section aggregated for such calendar year or applicable portion thereof during which such Person was the Holder of Certificates setting forth a Class B-1 Certificate. Such obligation of the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 Servicer pursuant to any requirements of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made Code as from time to timetime enforced. e. On each Remittance Date, the Trustee shall forward or cause to be forwarded by mail to each Holder of a Class B-2 Certificate a copy of the Monthly Report forwarded to the Holders of Class A, Class M-1 and Class B-1 Certificates on such Remittance Date. The Servicer shall also furnish to the Trustee, which shall forward such report to the Class B-2 Certificateholders as part of the Monthly Report, the following information: (i) the amount of such distribution to Holders of Class B-2 Certificates allocable to interest, separately identifying any Unpaid Class B-2 Interest Shortfall included in such distribution and any remaining Unpaid Class B-2 Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of Class B-2 Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments included therein, and any Unpaid Class B-2 Principal Shortfall after giving effect to such distribution; (iii) the amount, if any, by which the Class B-2 Formula Distribution Amount for such Remittance Date exceeds the Remaining Amount Available for such Remittance Date; (iv) the Class B-2 Principal Balance after giving effect to the distribution of principal on such Remittance Date; (v) the Class B Percentage for such Remittance Date and the following Remittance Date; (vi) the information described above in Section 6.05(b)(vi) through (xv); (vii) the Class B-2 Liquidation Loss Amount, if any, for such Remittance Date; (viii) the Guarantee Payment, if any, for such Remittance Date; and

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Green Tree Financial Corp)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcyforeclosure) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, days and (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount, the Class 3-WIO Notional Amount, the Class 4-SES Notional Amount and the Class 34-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income Class SES Distributable Amount for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Mort Sec Inc Mort Ps THR Certs Ser 2003-E)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided The Servicer shall prepare and furnish to the Trustee and the Certificate Insurer the statements specified below relating to the Class A Certificates, Class A-IO, Class M-1 Certificates, Class M-2 Certificates, Class B-1 Certificates, Class B-2 Certificates and Class B-3I Certificates on or before the third Business Day next preceding each Remittance Date. The Trustee and the Servicer shall inform any Certificateholder or any Underwriter inquiring by telephone of the information contained in the most recent Monthly Report. (b) Concurrently with each distribution charged to the Certificate Account the Trustee, so long as it has received the Monthly Report from the Servicer's Certificates delivered , shall forward or cause to be forwarded by mail to each Holder of a Class A Certificate or Class A-IO Certificate and (if the Trustee pursuant to Section 4.01, Originator is not the Trustee shall determine Servicer) the following information with respect to such Distribution DateOriginator a statement setting forth the following: (i) for each Group, the amount of such distribution to Holders of the Class A Certificates and Class A-IO Certificates allocable to interest, separately identifying any Unpaid Class A Interest Shortfall and Unpaid Class A-IO Interest Shortfall included in such distribution and any remaining Unpaid Class A Interest Shortfall and Unpaid Class A-IO Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of Class A Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Unpaid Class Unpaid Interest Shortfall or Component Unpaid Interest A Principal Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall A Principal Balance and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates A-IO Notional Principal Amount, after giving effect to the distribution of principal on such Distribution Remittance Date; (iv) the Class A Percentage for such Remittance Date and the following Remittance Date; (v) for each Loan Group, the Pool Stated Scheduled Principal Balance of the Contracts for the following Distribution such Remittance Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution DatePool Factor; (vii) the amount number and aggregate principal balances of the Servicing Fee paid to Contracts delinquent (a) 30-59 days and (b) 60 or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Datemore days; (viii) the Pass-Through Rate for each such Class number of Certificates (or Component) with respect Manufactured Homes that were repossessed during the month ending immediately prior to such Distribution Remittance Date, the number of repossessed Manufactured Homes that remain in inventory as of the last day of the related Due Period and repossessed Manufactured Homes purchased by the Originator or a subsidiary of the Originator from the Trust (during the related Due Period and cumulatively) by number of Contracts, aggregate Scheduled Principal Balance of such Contracts and aggregate purchase price; (ix) for each Loan Group, number of Contracts and aggregate Scheduled Principal Balance of Contracts extended or otherwise amended during the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Due Period preceding current Remittance Date;. (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans Class M-1 Distribution Test (A) delinquent (exclusive of Mortgage Loans as set forth in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution DateExhibit M hereto); (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan Class M-2 Distribution Test (as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereofset forth in Exhibit M hereto); (xii) for each Loan Group, the total number and principal balance of any REO Properties Class B Distribution Test (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Dateset forth in Exhibit M hereto); (xiii) for each Group, the Senior Prepayment Percentage Weighted Average Contract Rate and the Subordinate Prepayment Percentage for the following Distribution DateAdjusted Weighted Average Contract Rate; (xiv) for each Loan Groupthe Class M-1 Interest Deficiency Amount, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Groupif any, any Ratio Strip Deferred Amounts for such Distribution Remittance Date; (xv) the Class 1-A-SES Notional M-2 Interest Deficiency Amount, the Class 1-A-WIO Notional Amountif any, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Remittance Date; (xvi) the Ancillary Income Class B-1 Interest Deficiency Amount, if any, for such Distribution Remittance Date; and; (xvii) the Class SES Compensating Interest Overcollateralization Amount, if any, for such Distribution Date. (b) No later than each Distribution Remittance Date, the TrusteeRequisite Reserve Fund Amount, based upon information supplied to it on the Servicer's Certificatesif any, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth amount of cash, if any, on deposit in the information set forth in Reserve Fund; and (xviii) the Additional Principal Distribution Amount, if any, to be distributed on such Remittance Date pursuant to Section 5.04(a8.03(a)(xiv). In the case of information furnished pursuant to clauses (i), ) through (iiiii) and (ix) of Section 5.04(a)above, the amounts shall be expressed as a dollar amount per Class A Certificate or Class A-IO Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, Class A Certificate a statement containing the information set forth in clauses (i) with respect to interest accrued and (ii) of Section 5.04(a), in each case aggregated for principal paid on its Certificates during such calendar year or applicable portion thereof during which such Person was a Certificateholderyear. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code. (c) On each Remittance Date, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, forward or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information cause to be reported forwarded by mail to the Holders each Holder of a Class M-1 Certificate a copy of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be Monthly Report forwarded to the Holders of the Residual Class A Certificates by on such Remittance Date. The Servicer shall also furnish to the Trustee), which shall forward such report to the Class M-1 Certificateholders as part of the Monthly Report, the following information: (i) the amount of such distribution to Holders of Class M-1 Certificates allocable to interest, separately identifying any Unpaid Class M-1 Interest Shortfall included in such distribution, any remaining Unpaid Class M-1 Interest Shortfall after giving effect to such distribution, any Class M-1 Liquidation Loss Interest Amount included in such distribution and any remaining unpaid Class M-1 Liquidation Loss Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of Class M-1 Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments included therein and any remaining Unpaid Class M-1 Principal Shortfall after giving effect to such distribution; (iii) the Class M-1 Principal Balance and the Class M-1 Adjusted Principal Balance (if different) after giving effect to the distribution of principal on such Remittance Date; (iv) the Class M-1 Percentage for such Remittance Date and the following Remittance Date; and (v) the information described above in Section 6.05(b)(v) through (xviii). In the case of the information in clauses (i) through (iii) above, the amounts shall be expressed as a dollar amount per Class M-1 Certificate with a $1,000 denomination. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Class M-1 Certificate a statement containing the applicable distribution information provided pursuant to this Section aggregated for such calendar year or applicable portion thereof during which such Person was the Holder of a Class M-1 Certificate. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time enforced. (d) On each Remittance Date, the Trustee shall forward or cause to be forwarded by mail to each Holder of a Class M-2 Certificate a copy of the Monthly Report forwarded to the Holders of Class A Certificates with respect and Class M-1 Certificates on such Remittance Date. The Servicer shall also furnish to amounts the Trustee, which should be shall forward such report to the Class M-2 Certificateholders as part of the Monthly Report, the following information: (i) the amount of such distribution to Holders of Class M-2 Certificates allocable to interest, separately identifying any Unpaid Class M-2 Interest Shortfall included as interest and original issue discount in such Holders' gross income distribution, any remaining Unpaid Class M-2 Interest Shortfall after giving effect to such distribution, any Class M-2 Liquidation Loss Interest Amount included in such distribution and any remaining unpaid Class M-2 Liquidation Loss Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of Class M-2 Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments included therein and any remaining Unpaid Class M-2 Principal Shortfall after giving effect to such distribution; (iii) the Class M-2 Principal Balance and the Class M-2 Adjusted Principal Balance (if different) after giving effect to the distribution of principal on such Remittance Date; (iv) the Class M-2 Percentage for such Remittance Date and the following Remittance Date; and (v) the information described above in Section 6.05(b)(v) through (xviii). In the case of the information in clauses (i) through (iii) above, the amounts shall be expressed as a dollar amount per Class M-2 Certificate with a $1,000 denomination. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Class M-2 Certificate a statement containing the applicable distribution information provided pursuant to this Section aggregated for such calendar year or applicable portion thereof during which such Person was the Holder of a Class M-2 Certificate. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time enforced. (e) On each Remittance Date, the Trustee shall forward or cause to be forwarded by mail to each Holder of a Class B-1 Certificate a copy of the Monthly Report forwarded to the Holders of Class A, Class M-1 and Class M-2 Certificates on such Remittance Date. The Servicer shall also furnish to the Trustee, which shall forward such report to the Class B-1 Certificateholders as part of the Monthly Report, the following information: (i) the amount of such distribution to Holders of Class B-1 Certificates allocable to interest, separately identifying any Unpaid Class B-1 Interest Shortfall included in such distribution, any remaining Unpaid Class B-1 Interest Shortfall after giving effect to such distribution, any Class B-1 Liquidation Loss Interest Amount included in such distribution and any remaining Unpaid Class B-1 Liquidation Loss Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of Class B-1 Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments included therein, and any remaining Unpaid Class B-1 Principal Shortfall after giving effect to such distribution; (iii) the Class B-1 Principal Balance and the Class B-1 Adjusted Principal Balance (if different) after giving effect to the distribution of principal on such Remittance Date; (iv) the Class B Percentage for such Remittance Date and the following Remittance Date; and (v) the information described above in Section 6.05(b)(v) through (xviii). In the case of the information in clauses (i) through (iii) above, the amounts shall be expressed as a dollar amount per Class B-1 Certificate with a $1,000 denomination. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Class B-1 Certificate a statement containing the applicable distribution information provided pursuant to this Section aggregated for such calendar year or applicable portion thereof during which such Person was the Holder of a Class B-1 Certificate. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time enforced. (f) On each Remittance Date, the Trustee shall forward or cause to be forwarded by mail to each Holder of a Class B-2 Certificate a copy of the Monthly Report forwarded to the Holders of Class A, Class M-1, Class M-2 and Class B-1 Certificates on such Remittance Date. The Servicer shall also furnish to the Trustee, which shall forward such report to the Class B-2 Certificateholders as part of the Monthly Report, the following information: (i) the amount of such distribution to Holders of Class B-2 Certificates allocable to interest, separately identifying any Unpaid Class B-2 Interest Shortfall included in such distribution and any remaining Unpaid Class B-2 Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of Class B-2 Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments included therein, and any Unpaid Class B-2 Principal Shortfall after giving effect to such distribution; (iii) the amount, if any, by which the Class B-2 Formula Distribution Amount for such Remittance Date exceeds the Remaining Amount Available for such Remittance Date; (iv) the Class B-2 Principal Balance and Class B-2 Adjusted Principal Balance, if different, after giving effect to the distribution of principal on such Remittance Date; (v) the Class B Percentage for such Remittance Date and the following Remittance Date; (vi) the information described above in Section 6.05(b)(v) through (xviii); (vii) the Class B-2 Liquidation Loss Amount, if any, for such Remittance Date; (viii) the Weighted Average Contract Rate of all outstanding Contracts. In the case of the information in clauses (i) through (iv) above, the amounts shall be expressed as a dollar amount per Class B-2 Certificate with a $1,000 denomination. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Class B-2 Certificate a statement containing the applicable distribution information provided pursuant to this Section aggregated for such calendar year or applicable portion thereof during which such Person was the Holder of a Class B-2 Certificate. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time enforced. (g) On each Remittance Date, the Trustee shall forward or cause to be forwarded by mail to each Holder of a Class B-3I Certificate a copy of the Monthly Report forwarded to the Holders of Class A, Class M-1, Class M-2, Class B-1 and Class B-2 Certificates on such Remittance Date. The Servicer shall also furnish to the Trustee, which shall forward such report to the Class B-3I Certificateholders as part of the Monthly Report, the following information: (i) the Class B-3I Formula Distribution Amount for such Remittance Date; and (ii) the Class B-3I Distribution Amount for such Remittance Date. (h) Copies of all reports provided to the Trustee for the Certificateholders shall also be provided to all Holders Standard & Poor's, Moody's and Fitch, to the Certificate Insurer and to the Class C Certificateholders. In addition, Certificate Owners may receive copies of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by any reports provided to the Trustee in its absolute discretionfor the Certificateholders, upon written request together with a certification that constitute real estate assets under Section 856 they are Certificate Owners and payment of reproduction and postage expenses associated with the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage distribution of such assets of each REMICreports, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require from the Trustee periodically to appraise at the fair market values of the assets of the Corporate Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to timeOffice.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Loan Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO CertificatesLoan Group, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution distribution, and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and Date, the Crossed Group Total Senior Percentage, the Loan Group 2 Total Senior Percentage, the Loan Group 5 Total Senior Percentage and the Crossed Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, bankruptcy as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip PO Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES A-9 Notional Amount, the Class 1-AB-WIO IO Notional Amount, the Class 5-B-IO Notional Amount, the Class 15-IO Notional Amount, the Class 30-IO Notional Amount, the Class 20-IO Notional Amount, the Class 1-30-IO Notional Amount, the Class 2-SES Notional Amount, the Class 230-WIO Notional Amount, the Class 3-SES IO Notional Amount and the Class 35-WIO IO Notional Amount for such Distribution DateAmount; (xvi) for each Loan Group, the Ancillary Income amount of total Recoveries, the PO Recovery and the Non-PO Recovery; for Loan Group 3, the amount of the PO Recovery for Loan Group 3 allocated to the Class 3-X-PO Component and the Class 15-PO Certificates; for Loan Group 5, the amount of the PO Recovery for Loan Group 5 allocated to the Class 5-X-PO Component and the Class 5-PO Certificates; (xvii) in the case of the Class 1-A-7 Certificates, the applicable Rounding Amount, if any, for such Distribution Date and the amount applied to repay such Rounding Amount withdrawn for such Class on the prior Distribution Date; and (xviixviii) in the case of the Class SES Compensating Interest 1-A-13 Certificates, the applicable Rounding Amount, if any, for such Distribution Date and the amount applied to repay such Rounding Amount withdrawn for such Class on the prior Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's CertificatesCertificate, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ixii) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Mortgage Securities Mortgage Pass-Through Certificates Series 2004-8)

Statements to Certificateholders. (a) (i) Prior to the Distribution Date in each month, based upon the information provided to the Trustee Securities Administrator on the Master Servicer's Certificates Certificate delivered to the Trustee Securities Administrator pursuant to Section 4.014.01 and with respect to subsections (V) and (W) below, after consultation with the Depositor, the Trustee Securities Administrator shall determine the following information with respect to the Shifting Interest Certificates and such Distribution Date: (iA) the actual Distribution Date, the related Record Date, the LIBOR Determination Date for the Class 1-A-1 and Class 1-A-9 Certificates and the Interest Accrual Period for each Group, Class of Shifting Interest Certificates for such Distribution Date; (B) the Pool Distribution Amount; (C) the amount of the Pool Distribution Amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Prepayments, Liquidation Proceeds and other components included therein; (iiD) for each Group and the Class SES and Class WIO Certificates, the amount of the Pool Distribution Amount allocable to interest, the Class 1-A-10 Accrual Distribution Amount, the Class 1-A-11 Accrual Distribution Amount, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iiiE) if the distribution to the Holders of such Class of Shifting Interest Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (ivF) the Class Certificate Balance of each Class of Shifting Interest Certificates before and after giving effect to the distribution of principal on such Distribution Date; (vG) for each Loan Group, the Pool aggregate Stated Principal Balance of the Group 1 Mortgage Loans for the following preceding Distribution Date and the related Distribution Date; (viH) for each Loan Groupthe Senior Percentage, the Senior Prepayment Percentage, the Subordinate Percentage and the Subordinate Prepayment Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following such Distribution Date; (viiI) the amount of the Servicing Fee Administrative Fees paid to or retained by the Servicer Servicers with respect to each Loan Group 1 and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viiiJ) the Pass-Through Rate for each such Class of Shifting Interest Certificates (or Component) with respect to such Distribution Date; (ixK) for each with respect to the Shifting Interest Certificates and Loan GroupGroup 1, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on the Determination Date immediately preceding such Distribution Date; (xL) for each Loan Group, the number and aggregate principal amounts of Group 1 Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) days, 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiM) for each Loan Group, with respect to any Group 1 Mortgage Loan Loans that became an REO Property Properties during the preceding calendar month, the loan aggregate number of such Mortgage Loans and the aggregated Stated Principal Balance of such Mortgage Loan Loans as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereofof the REO Properties; (xiiN) for each Loan GroupGroup 1, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiiiO) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses with respect to the Group 1 Mortgage Loans incurred during the preceding calendar month and for each Group, or any Ratio Strip PO Deferred Amounts for such Distribution Date; (xvP) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for each Class of Interest Only Certificates in Group 1; (Q) for Loan Group 1, the Reimbursement Amount; 152 (R) for Loan Group 1, the amount of Recoveries, the PO Recovery and the Non-PO Recovery; (S) any expenses or indemnification amounts paid by the Trust, the specific purpose of each payment and the parties to whom such payments were made; (T) any material modifications, extensions or waivers to Group 1 Mortgage Loan terms, fees, penalties or payments since the previous Distribution Date; (U) for the Group 1 Mortgage Loans, the number and aggregate Stated Principal Balance, the weighted average Mortgage Interest Rate, the weighted average remaining term, each as of the close of business on the last day of the calendar month preceding such Distribution Date; (xviV) unless such information is otherwise set forth in the Form 10-D relating to such Distribution Date and provided that the Securities Administrator is reasonably able to include such information in the statement, material breaches of Group 1 Mortgage Loan representations and warranties of which the Securities Administrator has knowledge or has received written notice; (W) unless such information is otherwise set forth in the Form 10-D relating to such Distribution Date and provided that the Securities Administrator is reasonably able to include such information in the statement, material breaches of any covenants under this Agreement of which the Securities Administrator has knowledge or has received written notice; (X) the Ancillary Income for such Distribution DateInterest Rate Cap Agreement Payment paid to the Class 1-A-1 Certificates; and (xviiY) whether any exchanges of Exchangeable or Exchangeable REMIC Certificates have taken place since the Class SES Compensating Interest for such Distribution Date. (b) No later than each preceding Distribution Date, the Trusteeand, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a)if applicable, the amounts shall be expressed Class designations, Class Certificate Balances, Notional Amounts, Pass-Through Rates, and any interest and principal paid, including any shortfalls allocated, of any Classes of Exchangeable REMIC Certificates or Exchangeable Certificates that were received by the Certificateholder as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage result of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to timeexchange.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Funding 2007-1 Trust)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, the Accrual Distribution Amount, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Groupthe Senior Percentage, the Senior Priority Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the any Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcyforeclosure) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, days and (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, or any Ratio Strip Class A-PO Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO SES Notional Amount for such Distribution Date; (xvi) the Ancillary Income Class SES Distributable Amount for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available prepare and deliver (by mail, fax or electronically) to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will may make available each month, to any interested party, the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i), (ii) and (iivii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders Holder of the Residual Certificates Certificate for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders Holder of the Residual Certificates Certificate by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each the REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each the REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Funding Corp Mort Pass THR Cert Ser 2002-2)

Statements to Certificateholders. (a) Prior On each Determination Date, the Servicer shall provide to the Paying Agent (with a copy to the Rating Agencies) (each a "Distribution Date in each monthStatement"), based upon which the information provided Paying Agent shall post on its website at www.▇▇▇▇▇.▇▇▇/▇▇▇, ▇▇tting forth with respect to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine related Collection Period at least the following information with respect as to such Distribution Datethe Certificates to the extent applicable: (i) for each Group, the amount of the distribution allocable to principal, separately identifying principal of the aggregate amount of any Principal Prepayments Class A Certificates and Liquidation Proceeds included thereinthe Class B Certificates; (ii) for each Group the amount of the distribution allocable to interest on the Class A Certificates and the Class SES and Class WIO B Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of such Collection Period; (iv) the calendar month amount of the Base Servicing Fee paid to the Servicer with respect to such Collection Period and the Class A Percentage and Class B Percentage of the Base Servicing Fee paid to the Servicer with respect to such Collection Period; (v) the amount of any Class A Interest Carryover Shortfall, Class A Principal Carryover Shortfall, Class B Interest Carryover Shortfall and Class B Principal Carryover Shortfall on the Distribution Date immediately following such Collection Period and the change in such amounts from those with respect to the immediately preceding Distribution Date; (vi) the Class A Pool Factor and the Class B Pool Factor as of such Distribution Date Date, after giving effect to payments allocated to principal reported under clause (i) above; (vii) the amount of the aggregate Realized Losses, net of Recoveries if any, for such Collection Period; (viii) the aggregate Principal Balance of all Receivables which were more than 30, 60 and (C) in bankruptcy, 90 days delinquent as of the close of business on the last day of such Collection Period; (ix) the calendar month preceding amount on deposit in the Reserve Account on such Distribution Date, after giving effect to distributions made on such Distribution Date; (xix) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Class A Principal Balance and the Class B Principal Balance as of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereofDate, after giving effect to payments allocated to principal reported under clause (i) above; (xiixi) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of amount otherwise distributable to the close of business Class B Certificateholders that is being distributed to the Class A Certificateholders on the Determination Date preceding such Distribution Date; (xii) the aggregate Purchase Amount of Receivables repurchased by the Seller or purchased by the Servicer with respect to such Collection Period; (xiii) for each Group, the Senior Prepayment Percentage and amounts collected by the Subordinate Prepayment Percentage for the following Distribution DateServicer; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during amounts received by the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Date;Trust from the Servicer; and (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information aggregate Payahead Balance. Each amount set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii), (iv) and (ixv) of Section 5.04(a), the amounts above shall be expressed in the aggregate and as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(aof original denomination of a Certificate. (b) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, but not later than the Trustee latest date permitted by law, the Paying Agent shall furnish mail, at the Servicer's expense, to each Person who at any time during the such calendar year was the Holder of shall have been a Certificate, if requested in writing by such PersonCertificateholder, a statement provided by the Servicer containing the information set forth sum of the amounts described in clauses (i), (ii), (iv) and (iiv) of Section 5.04(a), in each case aggregated above for such calendar year or or, in the event such Person shall have been a Certificateholder during a portion of such calendar year, for the applicable portion thereof during which of such year, for the purposes of such Certificateholder's preparation of federal income tax returns. In addition, the Servicer shall furnish to the Paying Agent for distribution to such Person was a Certificateholder. Such obligation of at such time any other information necessary under applicable law for the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage preparation of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local income tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to timereturns.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Mellon Auto Grantor Trust 2000-2)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee Securities Administrator on the Master Servicer's Certificates Certificate delivered to the Trustee Securities Administrator pursuant to Section 4.01, and with respect to subsections (xxii) and (xxiii) below, after consultation with the Trustee Depositor, the Securities Administrator shall determine the following information with respect to such Distribution Date: (i) the actual Distribution Date, the related Record Date, the Rate Determination Date and the Interest Accrual Period for each Class for such Distribution Date; (ii) for each Loan Group, the related Pool Distribution Amount; (iii) for each Loan Group, the amount of the Pool Distribution Amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Prepayments, Liquidation Proceeds and other components included therein; (iiiv) for each Group and the Class SES and Class WIO CertificatesLoan Group, the amount of the Pool Distribution Amount allocable to interest, the Class 1-A-12 Accrual Distribution Amount, the Class 3-A-2 Accrual Distribution Amount, any Class Unpaid Interest Shortfall or and Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or and Component Unpaid Interest Shortfall after giving effect to such distribution; (iiiv) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (ivvi) the Class Certificate Balance of each Class of Certificates and the Component Balance of each Component before and after giving effect to the distribution of principal on such Distribution Date; (vvii) for each Loan Group, the Pool Stated Principal Balance for the following preceding Distribution Date and the related Distribution Date; (viviii) for each Loan Group, the Senior Percentage Percentage, the Total Senior Percentage, the Senior Prepayment Percentage, the Subordinate Percentage, the ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ and the Subordinate Prepayment Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following such Distribution Date; (viiix) the amount of the Servicing Fee paid to or retained by the each Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viiix) the Pass-Through Rate for each such Class of Certificates (or Component) and each IO Component with respect to such Distribution Date; (ixxi) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on the Determination Date immediately preceding such Distribution Date; (xxii) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) days, 31 to 60 days (3) days, 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xixiii) for each Loan Group, with respect to any Mortgage Loan Loans that became an REO Property Properties during the preceding calendar month, the loan aggregate number of such Mortgage Loans and the aggregate Stated Principal Balance of such Mortgage Loan Loans as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereofof the REO Properties; (xiixiv) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xivxv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, Group or any Ratio Strip PO Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income Notional Amount for each Class of Interest Only Certificates and the Notional Amount for each IO Component for such Distribution Date; (xvii) for each Loan Group, the Reimbursement Amount; (xviii) for each Loan Group, the amount of Recoveries, the PO Recovery and the Non-PO Recovery; (xix) any expenses or indemnification amounts paid by the Trust, the specific purpose of each payment and the parties to whom such payments were made; (xx) any material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments since the previous Distribution Date; (xxi) for each Loan Group, the number and aggregate Stated Principal Balance of the Mortgage Loans, the weighted average Mortgage Interest Rate, the weighted average remaining term to maturity of the Mortgage Loans, each as of the close of business on the last day of the calendar month preceding such Distribution Date; (xxii) unless such information is otherwise set forth in the Form 10-D relating to such Distribution Date and provided that the Securities Administrator is reasonably able to include such information in the statement, material breaches of Mortgage Loan representations and warranties of which the Securities Administrator has knowledge or has received written notice; (xxiii) unless such information is otherwise set forth in the Form 10-D relating to such Distribution Date and provided that the Securities Administrator is reasonably able to include such information in the statement, material breaches of any covenants under this Agreement of which the Securities Administrator has knowledge or has received written notice; (xxiv) the Class ▇-▇-▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Agreement Payment, Class 1-A-7 Yield Maintenance Agreement Payment and the Class 1-A-13 Yield Maintenance Agreement Payment paid to the Class 1-A-1, Class 1-A-7 and Class 1-A-13 Certificates, as the case may be; and (xviixxv) the Class SES Compensating Interest any Rounding Amounts for such Distribution Date and any amounts applied to repay such Rounding Amounts withdrawn on the prior Distribution Date. For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined and reported based on the so-called "MBA" methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Monthly Payment due on a Due Date if such Monthly Payment is not made by the close of business on the Mortgage Loan's next succeeding Due Date, and a Mortgage Loan would be more than 30-days delinquent with respect to such Monthly Payment if such Monthly Payment were not made by the close of business on the Mortgage Loan's second succeeding Due Date. (b) No later than each Distribution Date, the TrusteeSecurities Administrator, based upon information supplied to it on the Master Servicer's CertificatesCertificate, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer Master Servicer, a statement setting forth the information set forth in Section 5.04(a) (each, a "Monthly Statement"). In the case of information furnished pursuant to clauses (i), (iiiii) and (ixiv) of Section 5.04(a)5.04, the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee Securities Administrator shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the TrusteeSecurities Administrator, the Financial Market Service and the Depositor, the information contained in the statement Master Servicer's Certificate described in Section 5.04(a) 4.01 for such Distribution Date. The Trustee Securities Administrator will make the monthly statement Monthly Statement to Certificateholders (and, at its option, any additional files containing the same or additional information in an alternative format) available each month to Certificateholders, Certificateholders and other parties to this Agreement via the TrusteeSecurities Administrator's Internet website. The TrusteeSecurities Administrator's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". ." Assistance in using the website can be obtained by calling the TrusteeSecurities Administrator's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator shall have the right to change the way the monthly statements Monthly Statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (iiii) and (iiiv) of Section 5.04(a)5.04, in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in force. The Trustee Securities Administrator shall deliver to the Holders of Certificates any reports or information the Trustee Securities Administrator is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee Securities Administrator shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee Securities Administrator deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders Holder of the Residual Certificates Certificate for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders Holder of the Residual Certificates Certificate by the TrusteeSecurities Administrator), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee Securities Administrator in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMICREMIC created hereunder, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee Securities Administrator periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Funding 2006-5 Trust)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Loan Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Loan Group and the Class SES and Class WIO Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date Date; and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, bankruptcy as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Class PO Deferred Amounts for such Distribution Date; (xv) the Class 1CB-A-SES WIO Notional Amount, the Class 1NC-WIO Notional Amount, Class 2-A-WIO Notional Amount, the Class 2CB-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3NC-SES Notional Amount and the Class 32-WIO SES Notional Amount for such Distribution Date; (xvi) the Ancillary Income for each Class SES Component for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇www.ctslink.com". Assistance in using the website can be obtained by calling the Trusteeca▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ee's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are unable to use the website are entitled to have a paper ▇▇ ▇▇▇▇ ▇ ▇▇▇er copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i), (ii) and (iivii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders Holder of the Residual Certificates Certificate for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders Holder of the Residual Certificates Certificate by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each the REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each the REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Alternative Loan Trust 2003-5)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon Based on the information provided to set forth in the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01Electronic File, the Trustee will prepare and make available the Monthly Report substantially in the form of Exhibit N for each Distribution Date to each Certificateholder, the Underwriter and the parties hereto. (b) Each Monthly Report shall determine set forth the following information with respect to such Distribution Datefollowing: (i) for each Group, the amount of such distribution to Holders of each Class of Certificates allocable to interest, separately identifying any related Unpaid Class Interest Shortfall included in such distribution and any remaining Unpaid Class Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of each Class of Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining related Unpaid Class Unpaid Interest Shortfall or Component Unpaid Interest Principal Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Principal Balance of for each Class of Certificates Certificates, after giving effect to the distribution of principal on such Distribution Date; the Class M-1 Principal Balance and the Class M-1 Adjusted Principal Balance (if different) after giving effect to the distribution of principal on such Distribution Date; the Class M-2 Principal Balance and the Class M-2 Adjusted Principal Balance (if different) after giving effect to the distribution of principal on such Distribution Date; the Class B-1 Principal Balance and the Class B-1 Adjusted Principal Balance (if different) after giving effect to the distribution of principal on such Distribution Date; (viv) the Class A Percentage, Class M-1 Percentage, Class M-2 Percentage and Class B Percentage for each Loan Group, the Pool Stated Principal Balance for such Distribution Date and the following Distribution Date; (v) the Pool Principal Balance of the Contracts for such Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution DatePool Factor; (vii) the amount number and aggregate principal balances of the Servicing Fee paid to Contracts delinquent (a) 30-59 days and (b) 60 or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Datemore days; (viii) the Pass-Through Rate for each such Class number of Certificates (or Component) with respect Manufactured Homes that were repossessed during the month ending immediately prior to such Distribution Date, the number of repossessed Manufactured Homes that remain in inventory as of the last day of the related Due Period and repossessed Manufactured Homes purchased by the Seller or a subsidiary of the Seller from the Trust (during the related Due Period and cumulatively) by number of Contracts, aggregate Principal Balance of such Contracts and aggregate purchase price; (ix) for each Loan Group, number of Contracts and aggregate Principal Balance of Contracts extended or otherwise amended during the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Due Period preceding current Distribution Date;. (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Class M-1 Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution DateTest; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Class M-2 Distribution Date and the date of acquisition thereofTest; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Class B Distribution DateTest; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution DateWeighted Average Net Contract Rate of all outstanding Contracts; (xiv) for each Loan Groupthe Class M-1 Interest Deficiency Amount, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Groupif any, any Ratio Strip Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES Notional M-2 Interest Deficiency Amount, the Class 1-A-WIO Notional Amountif any, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income Class B-1 Interest Deficiency Amount, if any, for such Distribution Date; and; (xvii) the Class SES Compensating Interest Targeted Overcollateralization Amount, Overcollateralization Amount, Overcollateralization Deficiency Amount and Overcollateralization Release Amount, if any, for such Distribution Date.; (bxviii) No later than each the Additional Principal Distribution DateAmount, the Trusteeif any, based upon information supplied to it be distributed on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished such Distribution Date pursuant to clauses Section 8.03(a)(11) or Section 8.03(a)(12); (i), (iixix) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (Cumulative Realized Losses; and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Origen Manufactured Housng CNT Sen/Sub as-BCK CRT Sr 2002-A)

Statements to Certificateholders. (a) Prior to On each -------------------------------- Determination Date, the Distribution Date in each month, based upon the information provided Servicer shall provide to the Trustee on the Servicer's Certificates delivered to for the Trustee pursuant to Section 4.01forward to each Certificateholder of record as of the most recent Record Date, the Trustee shall determine a statement setting forth the following information with respect for the related Collection Period as to such Distribution Date: (i) for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date;extent applicable: (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (viia) the amount of the Servicing Fee paid such distribution allocable to or retained by the Servicer with respect to principal of each Loan Group and such Distribution Date and, if applicable, class of Certificates; (b) the amount of the Supplemental Servicing Fee payable such distribution allocable to the Servicer with respect to such Distribution Dateinterest of each class of Certificates; (viiic) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, Pool Balance as of the close of business on the last day of the calendar month preceding such Distribution Date related Collection Period after giving effect to payments allocated to principal reported under (1) above; (d) the Class A Certificate Balance and (C) in bankruptcy, the Class B Certificate Balance as of the close of business on the last day of the calendar month preceding such Distribution Daterelated Collection Period, after giving effect to payments allocated to principal reported under (1) above; (xie) the amount of the Servicing Fee paid to the Servicer for each Loan Groupthe related Collection Period; (f) the amount, if any, of Class A Principal Carryover Shortfall, Class A Interest Carryover Shortfall, Class B Principal Carryover Shortfall and Class B Interest Carryover Shortfall, as applicable, on such Distribution Date and any change in the Class A Principal Carryover Shortfall, Class A Interest Carryover Shortfall, Class B Principal Carryover Shortfall and Class B Interest Carryover Shortfall, as applicable, from the preceding Distribution Date; (g) the amount of Realized Losses, if any, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Daterelated Collection Period. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Asset Backed Securities Corp)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Servicers' Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO CertificatesLoan Group, the amount allocable to interest, the Class 3-CE Distributable Amount, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) with respect to the Shifting Interest Certificates, if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for Loan Group 3, the Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Targeted Overcollateralization Amount as of such Distribution Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for such Distribution Date; (vi) for each Shifting Interest Loan Group, the Pool Stated Principal Balance for the following Distribution Date and for Loan Group 3, Loan Subgroup 3A and Loan Subgroup 3B, the aggregate Stated Principal Balance of the Group 3 Mortgage Loans, the Subgroup 3A Mortgage Loans and Subgroup 3B Mortgage Loans, as applicable, as of the Due Date in the month of such Distribution Date; (vivii) for with respect to each Shifting Interest Loan Group, the Senior Percentage for each Loan Group, and the Subordinate Percentage for the following Distribution Date and Date, the Total CB Crossed Loan Group Senior Percentage and Aggregate the CB Crossed Loan Group Subordinate Percentage for the following Distribution Date; (viiviii) the amount of the Servicing Fee paid to or retained by the each Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viiiix) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ixx) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (xxi) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xixii) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xiixiii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiiixiv) for each Shifting Interest Loan Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xivxv) the Accrued Certificate Interest in respect of each Class of Group 3 Certificates for such Distribution Date and any related Cap Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xvi) with respect to Loan Group 3, the Cap Carryover Amounts distributed on such Distribution Date, the amounts remaining after giving effect to distributions thereof on such Distribution Date, the amount of all Cap Carryover Amounts covered by withdrawals from the Reserve Account on such Distribution Date; (xvii) whether a Trigger Event has occurred and is continuing, and the cumulative Realized Losses, as a percentage of the original aggregate Stated Principal Balance of Loan Group 3; (xviii) the Available Funds; (xix) for each Loan Group, the aggregate amount of Realized Losses or Applied Realized Loss Amounts, as applicable, incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts Group for such Distribution DateDate separately identifying any reduction thereof due to the allocations of Realized Losses or Applied Realized Loss Amounts; (xvxx) for each Loan Group, the amount of Recoveries and Reimbursement Amounts; and (xxi) the Class 1-A-SES Notional Amount, amount of the Class 1-A-WIO Notional Amount, distribution made on such Distribution Date to the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, Holders of the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution DateP Certificates. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Servicers' Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the each Servicer a statement setting forth the information set forth in Section 5.04(a5.06(a). In the case of information furnished pursuant to clauses (i), ) and (ii) and (ix) of Section 5.04(a5.06(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish make available to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a5.06(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Funding Corp. Mortgage Pass-Through Certificates Series 2005-B)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.014.01 and with respect to subsections (xx) and (xxi) below, after consultation with the Depositor, the Trustee shall determine the following information with respect to such Distribution Date: (i) the date of such Distribution Date and the Determination Date for such Distribution Date; (ii) for each Class, the applicable Record Date and Interest Accrual Period; (iii) for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (iiiv) for each Group and the Class SES and Class WIO CertificatesGroup, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iiiv) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (ivvi) the Class Certificate Balance of each Class of Certificates prior to and after giving effect to the distribution of principal on such Distribution Date; (vvii) for each Loan Group, the Pool Stated Principal Balance for the following such Distribution Date; (viviii) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following such Distribution Date; (viiix) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viiix) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ixxi) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and Date, the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date and the amount of Periodic Advances reimbursed since the previous Distribution Date; (xxii) for each Loan Group, the number and aggregate Stated Principal Balance of the Mortgage Loans, the ranges of Mortgage Interest Rates for the Mortgage Loans, separated by 0.25%, the weighted average remaining term to maturity of the Mortgage Loans and the cumulative amount of Principal Prepayments, each as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiii) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 in 30-day increments until foreclosure or more daysother disposition, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, bankruptcy as of the close of business on the last day of the calendar month preceding such Distribution Date; (xixiv) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xiixv) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiiixvi) for each Loan Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following such Distribution Date; (xivxvii) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each GroupGroup 1, any Ratio Strip PO Deferred Amounts for such Distribution Date; (xvxviii) the Class 1-A-SES A-3 Notional Amount, the Class 1-A-WIO A-7 Notional Amount, the Class 21-SES A-13 Notional Amount, the Class 21-WIO Notional Amount, the Class 3-SES A-16 Notional Amount and Class 30-IO Notional Amount; (xix) any expenses or indemnification amounts paid by the Class 3Trust, the specific purpose of each payment and the parties to whom such payments were made; (xx) for each Loan Group the amount of total Recoveries, the PO Recovery and the Non-WIO Notional Amount for such PO Recovery; (xxi) any material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments since the previous Distribution Date and cumulatively since the Cut-off Date; (xvixxii) unless such information is set forth in the Form 10-D relating to such Distribution Date and provided the Trustee is reasonably able to include such information on the statement, any material breaches of representations and warranties relating to the Mortgage Loans and any material breach of covenants hereunder; (xxiii) the Ancillary Income for such number and aggregate principal balance of any Mortgage Loans repurchased by the Depositor from the Trust since the previous Distribution Date; and (xviixxiv) the Yield Maintenance Agreement Payment received from the Counterparty and paid to the Class SES Compensating Interest for such Distribution Date1-A-1 Certificates. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's CertificatesCertificate, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (iiiii) and (ixiv) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall , initially be located at "w▇▇.www.ctslink.com". The Trustee will also make available copies of the ▇▇▇▇▇▇▇.▇▇▇"▇▇▇s the Trustee files with the Securities and Exchange Commission, including distribution reports on Form 10-D, annual reports on Form 10-K, current reports on Form 8-K and amendments to these reports available through this website promptly (but no later than one Business Day) after they are filed with the Securities and Exchange Commission. Assistance in using the this website can be obtained by calling the Trustee's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (iiii), (iv) and (iiix) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders Holder of the Residual Certificates Certificate for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders Holder of the Residual Certificates Certificate by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Mortgage 2006-3 Trust)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided a. The Servicer shall prepare and furnish to the Trustee the statements specified below relating to the Class A Certificates, Class M-1 Certificates, Class M-2 Certificates, Class B-1 Certificates, Class B-2 Certificates and Class B-3I Certificates on or before the third Business Day next preceding each Remittance Date. The Trustee and the Servicer shall inform any Certificateholder and any Underwriter inquiring by telephone of the information contained in the most recent Monthly Report. b. Concurrently with each distribution charged to the Certificate Account the Trustee, so long as it has received the Monthly Report from the Servicer's Certificates delivered , shall forward or cause to be forwarded by mail to each Holder of a Class A Certificate and (if the Trustee pursuant to Section 4.01, Originator is not the Trustee shall determine Servicer) the following information with respect to such Distribution DateOriginator a statement setting forth the following: (i) for each Group, the amount of such distribution to Holders of Class A Certificates allocable to interest, separately identifying any Unpaid Class A Interest Shortfall included in such distribution and any remaining Unpaid Class A Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of Class A Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Unpaid Class Unpaid Interest Shortfall or Component Unpaid Interest A Principal Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates A Principal Balance, after giving effect to the distribution of principal on such Distribution Remittance Date; (iv) the Class A Percentage for such Remittance Date and the following Remittance Date; (v) for each Loan Group, the Pool Stated Scheduled Principal Balance of the Contracts for the following Distribution such Remittance Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution DatePool Factor; (vii) the amount number and aggregate principal balances of the Servicing Fee paid to Contracts delinquent (a) 30-59 days and (b) 60 or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Datemore days; (viii) the Pass-Through Rate for each such Class number of Certificates (or Component) with respect Manufactured Homes that were repossessed during the month ending immediately prior to such Distribution Remittance Date, the number of repossessed Manufactured Homes that remain in inventory as of the last day of the related Due Period and repossessed Manufactured Homes purchased by the Originator or a subsidiary of the Originator from the Trust (during the related Due Period and cumulatively) by number of Contracts, aggregate Scheduled Principal Balance of such Contracts and aggregate purchase price; (ix) for each Loan Group, number of Contracts and aggregate Scheduled Principal Balance of Contracts extended or otherwise amended during the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Due Period preceding current Remittance Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans Class M-1 Distribution Test (A) delinquent (exclusive of Mortgage Loans as set forth in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution DateExhibit N hereto); (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan Class M-2 Distribution Test (as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereofset forth in Exhibit N hereto); (xii) for each Loan Group, the total number and principal balance of any REO Properties Class B Distribution Test (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Dateset forth in Exhibit N hereto); (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution DateWeighted Average Contract Rate of all outstanding Contracts; (xiv) for each Loan Groupthe Class M-1 Interest Deficiency Amount, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Groupif any, any Ratio Strip Deferred Amounts for such Distribution Remittance Date; (xv) the Class 1-A-SES Notional M-2 Interest Deficiency Amount, the Class 1-A-WIO Notional Amountif any, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Remittance Date; (xvi) the Ancillary Income Class B-1 Interest Deficiency Amount, if any, for such Distribution Remittance Date; (xvii) the Overcollateralization Amount, if any, for such Remittance Date; and (xviixviii) the Class SES Compensating Interest Additional Principal Distribution Amount, if any, for such Distribution Remittance Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), ) through (iiiv) and (ix) of Section 5.04(a)above, the amounts shall be expressed as a dollar amount per Class A Certificate with a 1% Percentage Interest or per $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changesdenomination of Class A Certificate. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, Class A Certificate a statement containing the information set forth in clauses (i) with respect to interest accrued and (ii) of Section 5.04(a), in each case aggregated for principal paid on its Certificates during such calendar year or applicable portion thereof during which such Person was a Certificateholderyear. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code. c. On each Remittance Date, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, forward or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information cause to be reported forwarded by mail to the Holders each Holder of a Class M-1 Certificate a copy of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be Monthly Report forwarded to the Holders of the Residual Class A Certificates by on such Remittance Date. The Servicer shall also furnish to the Trustee), which shall forward such report to the Class M-1 Certificateholders as part of the Monthly Report, the following information: (i) the amount of such distribution to Holders of Class M-1 Certificates allocable to interest, separately identifying any Unpaid Class M-1 Interest Shortfall included in such distribution, any remaining Unpaid Class M-1 Interest Shortfall after giving effect to such distribution, any Class M-1 Liquidation Loss Interest Amount included in such distribution and any remaining unpaid Class M-1 Liquidation Loss Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of Class M-1 Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments included therein and any remaining Unpaid Class M-1 Principal Shortfall after giving effect to such distribution; (iii) the Class M-1 Principal Balance and the Class M-1 Adjusted Principal Balance (if different) after giving effect to the distribution of principal on such Remittance Date; (iv) the Class M-1 Percentage for such Remittance Date and the following Remittance Date; and (v) the information described above in Section 6.05(b)(v) through (xviii). In the case of the information in clauses (i) through (iv) above, the amounts shall be expressed as a dollar amount per Class M-1 Certificate with a 1% Percentage Interest or per $1,000 denomination of Class M-1 Certificate. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Class M-1 Certificate a statement containing the applicable distribution information provided pursuant to this Section aggregated for such calendar year or applicable portion thereof during which such Person was the Holder of a Class M-1 Certificate. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time enforced. d. On each Remittance Date, the Trustee shall forward or cause to be forwarded by mail to each Holder of a Class M-2 Certificate a copy of the Monthly Report forwarded to the Holders of Class A Certificates with respect and Class M-1 Certificates on such Remittance Date. The Servicer shall also furnish to amounts the Trustee, which should be shall forward such report to the Class M-2 Certificateholders as part of the Monthly Report, the following information: (i) the amount of such distribution to Holders of Class M-2 Certificates allocable to interest, separately identifying any Unpaid Class M-2 Interest Shortfall included as interest and original issue discount in such Holders' gross income distribution, any remaining Unpaid Class M-2 Interest Shortfall after giving effect to such distribution, any Class M-2 Liquidation Loss Interest Amount included in such distribution and any remaining unpaid Class M-2 Liquidation Loss Interest Shortfall after giving effect to such distribution; (iiiii) information the amount of such distribution to be provided to all Holders of Class M-2 Certificates setting forth allocable to principal, separately identifying the percentage aggregate amount of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.Principal

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

Statements to Certificateholders. (a) Prior If the Servicer has delivered the Monthly Statement on the preceding Determination Date, then on each Payment Date the Servicer will forward it to the Distribution Date in Certificate Insurer, and the Trustee will mail to the Rating Agencies and each monthClass B Certificateholder, based upon a statement (which statement will be prepared by the information provided Servicer furnished to the Trustee on in the Servicer's Certificates Monthly Statement delivered to the Trustee pursuant to Section 4.015.07 hereof or otherwise pursuant to this Agreement), the Trustee shall determine not later than one Business Day prior to such Payment Date, setting forth the following information with respect (per $1,000 of Initial Class A Certificate Principal Amount or of Initial Class B Certificate Principal Amount (as the case may be) as to such Distribution Date:(i) and (ii) below): (i) for each GroupWith respect to a statement to a Class A Certificateholder or a Class B Certificateholder, the amount of such payment allocable to principal, separately identifying such Certificateholder's Percentage Interest of the aggregate amount of any Principal Prepayments Distribution Amount and Liquidation Proceeds included thereinClass A or Class B Overdue Principal; (ii) for each Group and the Class SES and Class WIO CertificatesWith respect to a statement to a Certificateholder, the amount of such payment allocable to interestsuch Certificateholder's Percentage Interest of Class A, any Class Unpaid B-1 or B-2 Certificate Interest Shortfall and Class A or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distributionB Overdue Interest; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the The aggregate amount of fees and compensation received by the shortfall and Servicer pursuant to Section 6.06 hereof for the allocation thereof as between principal and interestCollection Period; (iv) The aggregate Class A Certificate Principal Balance, the aggregate Class B-1 Certificate Principal Balance, the aggregate Class B-2 Certificate Principal Balance, the Class A Certificate Balance of each Percentage, the Class of Certificates A Certificate Factor, the Class B-1 Certificate Factor, the Class B-2 Certificate Factor, the Pool Factor and the Aggregate Discounted Contract Principal Balance, after giving effect to the distribution of principal taking into account all distributions made on such Distribution Payment Date; (v) for each Loan Group, The total unreimbursed Servicer Advances with respect to the Pool Stated Principal Balance for the following Distribution Daterelated Collection Period; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution The Subordinated Amount as of such Payment Date; (vii) the The amount of Residual Receipts and Defaulted Residual Receipts for the Servicing Fee paid to or retained by related Collection Period and the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, Aggregate Discounted Contract Principal Balances for all Leases that became Defaulted Leases during the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Daterelated Collection Period; (viii) The total number of Leases and the Pass-Through Rate for each such Class Aggregate Discounted Contract Principal Balances thereof, together with the number and Aggregate Discounted Contract Principal Balances of Certificates all Leases as to which the Lessees, as of the related Calculation Date, have missed one, two, three or four Scheduled Payments (or Component) with respect to such Distribution Date;including Final Lease Payments), and Delinquent Leases reconveyed; and (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated The Aggregate Discounted Contract Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market valueNew Transferred Property, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Dateany. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end By January 31 of each calendar year, commencing January 31, 1997, or as otherwise required by applicable law, the Trustee shall furnish to each Person who at any time during the immediately preceding calendar year was the Holder of a Certificate, if requested in writing by such Person, Certificateholder a statement prepared by the Servicer containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated applicable aggregate amounts with respect to such Certificateholder hereof for such calendar year or applicable portion thereof during which or, in the event such Person was a Certificateholder during a portion of such calendar year, for the applicable portion of such year, for the purposes of such Certificateholder's preparation of federal income tax returns. Such obligation of In addition to the foregoing the Servicer and the Trustee shall be deemed to have been satisfied (to the extent that substantially comparable the Servicer has provided the necessary information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement Trustee) shall make available to Certificateholders or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.Certificate Insurer any

Appears in 1 contract

Sources: Pooling and Servicing Agreement (First Sierra Receivables Ii Inc)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Loan Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Loan Group and the Class SES and Class WIO Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date Date; and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, bankruptcy as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Class PO Deferred Amounts for such Distribution Date; (xv) the Class 1-ACB-SES WIO Notional Amount, the Class 12-NC-WIO Notional Amount, Class 3-A-WIO Notional Amount, the Class 21-CB-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3NC-SES Notional Amount and the Class 3-WIO SES Notional Amount for such Distribution Date; (xvi) the Ancillary Income for each Class SES Component for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i), (ii) and (iivii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders Holder of the Residual Certificates Certificate for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders Holder of the Residual Certificates Certificate by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each the REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each the REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Mort Sec Alternative Loan Tr 2003-8)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.014.01 and with respect to subsections (xx) and (xxi) below, after consultation with the Depositor, the Trustee shall determine the following information with respect to such Distribution Date: (i) the date of such Distribution Date and the Determination Date for such Distribution Date; (ii) for each Class, the applicable Record Date and Interest Accrual Period; (iii) for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (iiiv) for each Group and the Class SES and Class WIO CertificatesGroup, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iiiv) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (ivvi) the Class Certificate Balance of each Class of Certificates prior to and after giving effect to the distribution of principal on such Distribution Date; (vvii) for each Loan Group, the Pool Stated Principal Balance for the following such Distribution Date; (viviii) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following such Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following such Distribution Date; (viiix) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viiix) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ixxi) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and Date, the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date and the amount of Periodic Advances reimbursed since the previous Distribution Date; (xxii) for each Loan Group, the number and aggregate Stated Principal Balance of the Mortgage Loans, the Net WAC, the ranges of Mortgage Interest Rates for the Mortgage Loans, separated by 0.25%, the weighted average remaining term to maturity of the Mortgage Loans and the cumulative amount of Principal Prepayments, each as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiii) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 in 30-day increments until foreclosure or more daysother disposition, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, bankruptcy as of the close of business on the last day of the calendar month preceding such Distribution Date; (xixiv) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xiixv) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiiixvi) for each Loan Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following such Distribution Date; (xivxvii) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Datemonth; (xvxviii) the Class 14-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO A-3 Notional Amount for such Distribution Date; (xvixix) any expenses or indemnification amounts paid by the Ancillary Income Trust, the specific purpose of each payment and the parties to whom such payments were made; (xx) for each Loan Group, the amount of Recovery; (xxi) any material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments since the previous Distribution Date; (xxii) unless such information is set forth in the Form 10-D relating to such Distribution DateDate and provided the Trustee is reasonably able to include such information on the statement, any material breaches of representations and warranties relating to the Mortgage Loans and any material breach of covenants hereunder; and (xviixxiii) the Class SES Compensating Interest for such number and aggregate principal balance of any Mortgage Loans repurchased by the Depositor from the Trust since the previous Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's CertificatesCertificate, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (iiiii) and (ixiv) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall , initially be located at "w▇▇www.ctslink.com." The Trustee will also make available copies of the ▇▇▇▇▇▇▇.▇▇▇"▇▇▇s the Trustee prepares and files with the Securities and Exchange Commission, including distribution reports on Form 10-D, annual reports on Form 10-K, current reports on Form 8-K and amendments to these reports available through this website promptly (but no later than one Business Day) after they are filed with the Securities and Exchange Commission. Assistance in using the this website can be obtained by calling the Trustee's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (iiii), (iv) and (iiix) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders Holder of the Residual Certificates Certificate for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders Holder of the Residual Certificates Certificate by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Mortgage 2006-B Trust)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided a. The Servicer shall prepare and furnish to the Trustee the statements specified below relating to the Class A Certificates, Class M-1 Certificates, Class M-2 Certificates, Class B-1 Certificates, Class B-2 Certificates and Class B-3I Certificates on or before the third Business Day next preceding each Remittance Date. The Trustee and the Servicer shall inform any Certificateholder, ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇ Incorporated, ▇▇▇▇▇▇ Brothers Inc. and Banc of America Securities LLC inquiring by telephone of the information contained in the most recent Monthly Report. b. Concurrently with each distribution charged to the Certificate Account the Trustee, so long as it has received the Monthly Report from the Servicer's Certificates delivered , shall forward or cause to be forwarded by mail to each Holder of a Class A Certificate and (if the Trustee pursuant to Section 4.01, Originator is not the Trustee shall determine Servicer) the following information with respect to such Distribution DateOriginator a statement setting forth the following: (i) for each Group, the amount of such distribution to Holders of each Class of Class A Certificates allocable to interest, separately identifying any Unpaid Class A Interest Shortfall included in such distribution and any remaining Unpaid Class A Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of each Class of Class A Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Unpaid Class Unpaid Interest Shortfall or Component Unpaid Interest A Principal Shortfall after giving effect to such distribution; (iii) the amount, if any, by which the distribution to Class A Formula Distribution Amount for such Remittance Date exceeds the Holders of Class A Distribution Amount for such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interestRemittance Date; (iv) the Class Certificate Principal Balance of for each Class of Certificates Class A Certificates, after giving effect to the distribution of principal on such Distribution Remittance Date; (v) the Class A Percentage for each Loan Group, the Pool Stated Principal Balance for such Remittance Date and the following Distribution Remittance Date; (vi) the Pool Scheduled Principal Balance of the Contracts for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution such Remittance Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution DatePool Factor; (viii) the Passnumber and aggregate principal balances of Contracts delinquent (a) 30-Through Rate for each such Class of Certificates 59 days and (b) 60 or Component) with respect to such Distribution Datemore days; (ix) for each Loan Group, the amount number of Periodic Advances included in Manufactured Homes that were repossessed during the distribution on month ending immediately prior to such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Remittance Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans Manufactured Homes that were repossessed but remain in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, inventory as of the close of business on the last day of the calendar month preceding related Due Period ending immediately prior to such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Remittance Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan Class M-1 Distribution Test (as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereofset forth in Exhibit N hereto); (xii) for each Loan Group, the total number and principal balance of any REO Properties Class M-2 Distribution Test (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Dateset forth in Exhibit N hereto); (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Class B Distribution DateTest (as set forth in Exhibit N hereto); (xiv) for each Loan Group, the aggregate amount Weighted Average Contract Rate of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Dateall outstanding Contracts; (xv) the Class 1-A-SES Notional M-1 Interest Deficiency Amount, the Class 1-A-WIO Notional Amountif any, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Remittance Date; (xvi) the Ancillary Income Class M-2 Interest Deficiency Amount, if any, for such Distribution Remittance Date; and (xvii) the Class SES Compensating B-1 Interest Deficiency Amount, if any, for such Distribution Remittance Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), ) through (iiiv) and (ix) of Section 5.04(a)above, the amounts shall be expressed as a dollar amount per Class A Certificate with a 1% Percentage Interest or per $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changesdenomination of Class A Certificate. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, Class A Certificate a statement containing the information set forth in clauses (i) with respect to interest accrued and (ii) of Section 5.04(a), in each case aggregated for principal paid on its Certificates during such calendar year or applicable portion thereof during which such Person was a Certificateholderyear. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code. c. On each Remittance Date, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, forward or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information cause to be reported forwarded by mail to the Holders each Holder of a Class M-1 Certificate a copy of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be Monthly Report forwarded to the Holders of the Residual Class A Certificates by on such Remittance Date. The Servicer shall also furnish to the Trustee), which shall forward such report to the Class M-1 Certificateholders as part of the Monthly Report, the following information: (i) the amount of such distribution to Holders of Class M-1 Certificates allocable to interest, separately identifying any Unpaid Class M-1 Interest Shortfall included in such distribution, any remaining Unpaid Class M-1 Interest Shortfall after giving effect to such distribution, any Class M-1 Liquidation Loss Interest Amount included in such distribution and any remaining unpaid Class M-1 Liquidation Loss Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of Class M-1 Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments included therein and any remaining Unpaid Class M-1 Principal Shortfall after giving effect to such distribution; (iii) the amount, if any, by which the Class M-1 Formula Distribution Amount for such Remittance Date exceeds the Class M-1 Distribution Amount for such Remittance Date; (iv) the Class M-1 Principal Balance and the Class M-1 Adjusted Principal Balance (if different) after giving effect to the distribution of principal on such Remittance Date; (v) the Class M-1 Percentage for such Remittance Date and the following Remittance Date; and (vi) the information described above in Section 6.05(b)(vi) through (xvii). In the case of the information in clauses (i) through (iv) above, the amounts shall be expressed as a dollar amount per Class M-1 Certificate with a 1% Percentage Interest or per $1,000 denomination of Class M-1 Certificate. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Class M-1 Certificate a statement containing the applicable distribution information provided pursuant to this Section aggregated for such calendar year or applicable portion thereof during which such Person was the Holder of a Class M-1 Certificate. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time enforced. d. On each Remittance Date, the Trustee shall forward or cause to be forwarded by mail to each Holder of a Class M-2 Certificate a copy of the Monthly Report forwarded to the Holders of Class A Certificates with respect and Class M-1 Certificates on such Remittance Date. The Servicer shall also furnish to amounts the Trustee, which should be shall forward such report to the Class M-2 Certificateholders as part of the Monthly Report, the following information: (i) the amount of such distribution to Holders of Class M-2 Certificates allocable to interest, separately identifying any Unpaid Class M-2 Interest Shortfall included as interest and original issue discount in such Holders' gross income distribution, any remaining Unpaid Class M-2 Interest Shortfall after giving effect to such distribution, any Class M-2 Liquidation Loss Interest Amount included in such distribution and any remaining unpaid Class M-2 Liquidation Loss Interest Shortfall after giving effect to such distribution; (iiiii) information the amount of such distribution to be provided to all Holders of Class M-2 Certificates setting forth allocable to principal, separately identifying the percentage aggregate amount of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.Principal

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.014.01 and with respect to subsections (xx) and (xxi) below, after consultation with the Depositor, the Trustee shall determine the following information with respect to such Distribution Date: (i) the date of such Distribution Date and the Determination Date for such Distribution Date; (ii) for each GroupClass, the applicable Record Date and Interest Accrual Period; (iii) for each Class, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein, assuming in the case of a Class of Exchangeable REMIC Certificates no exchanges have occurred and in the case of a Class of Exchangeable Certificates that all exchanges have occurred; (iiiv) for each Group and the Class SES and Class WIO CertificatesClass, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution, assuming in the case of a Class of Exchangeable REMIC Certificates no exchanges have occurred and in the case of a Class of Exchangeable Certificates that all exchanges have occurred; (iiiv) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (ivvi) the Class Certificate Balance of each Class of Certificates (other than the Exchangeable Certificates) prior to and after giving effect to the distribution of principal on such Distribution DateDate and the Maximum Class Certificate Balance of each Class of Exchangeable Certificates; (vvii) for each Loan Group, the Pool Stated Principal Balance for the following such Distribution Date; (viviii) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following such Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following such Distribution Date; (viiix) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viiix) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ixxi) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and Date, the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date and the amount of Periodic Advances reimbursed since the previous Distribution Date; (xxii) for each Loan Group, the number and aggregate Stated Principal Balance of the Mortgage Loans, the ranges of Mortgage Interest Rates for the Mortgage Loans, separated by 0.25%, the weighted average remaining term to maturity of the Mortgage Loans and the cumulative amount of Principal Prepayments, each as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiii) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 in 30-day increments until foreclosure or more daysother disposition, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, bankruptcy as of the close of business on the last day of the calendar month preceding such Distribution Date; (xixiv) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xiixv) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiiixvi) for each Loan Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following such Distribution Date; (xivxvii) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip PO Deferred Amounts for such Distribution Date; (xvxviii) in the case of each Class 1-A-SES of Interest Only Certificates (other than a Class of Exchangeable Certificates), the applicable Notional Amount, if any, and for each Class of Interest Only Certificates which are Exchangeable Certificates, the Class 1-A-WIO Maximum Notional Amount, if any; (xix) any expenses or indemnification amounts paid by the Class 2-SES Notional AmountTrust, the Class 2-WIO Notional Amountspecific purpose of each payment and the parties to whom such payments were made; (xx) for each Loan Group, the Class 3-SES Notional Amount amount of total Recoveries, the PO Recovery and the Class 3Non-WIO Notional Amount for such PO Recovery; (xxi) any material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments since the previous Distribution Date; (xvixxii) unless such information is set forth in the Form 10-D relating to such Distribution Date and provided the Trustee is reasonably able to include such information on the statement, any material breaches of representations and warranties relating to the Mortgage Loans and any material breach of covenants hereunder; (xxiii) the Ancillary Income for such number and aggregate principal balance of any Mortgage Loans repurchased by the Depositor from the Trust since the previous Distribution Date; (xxiv) a statement as to whether any exchanges of Exchangeable REMIC Certificates or Exchangeable Certificates have taken place since the preceding Distribution Date, and, if applicable, the names, Class Certificate Balances, Notional Amounts, Maximum Class Certificate Balances or Maximum Notional Amounts, Pass Through Rates, and any interest and principal paid, including any shortfalls allocated, of any Classes of Exchangeable REMIC Certificates or Exchangeable Certificates that were received by the Certificateholder as a result of such exchange; (xxv) for each Loan Group, the number and percentage (by aggregate Stated Principal Balance) of Mortgage Loans that were the subject of a Servicer Modification since the previous Distribution Date; (xxvi) for each Loan Group, the number and percentage (by aggregate Cut-off Date Principal Balance) of Mortgage Loans that were the subject of a Servicer Modification since the Closing Date; (xxvii) for each Loan Group, the aggregate amount of principal forgiveness as a result of a Servicer Modification since the previous Distribution Date; (xxviii) for each Loan Group, the aggregate amount of principal forgiven in connection with any Servicer Modifications since the Closing Date; (xxix) for each Loan Group, the percentage (by aggregate Stated Principal Balance) of Mortgage Loans that were the subject of a Servicer Modification within twelve months prior to the previous Distribution Date and are delinquent 60 days or more (averaged over the preceding six-month period); (xxx) for each Loan Group, a statement as to the delinquency status of Mortgage Loans that were the subject of a Servicer Modification since the Closing Date; (xxxi) for each Loan Group, the date of the most recent Servicer Modification; and (xviixxxii) for each Loan Group, with respect to Mortgage Loans that were the Class SES Compensating subject of a Servicer Modification, the Mortgage Interest for Rate prior to such Distribution DateServicer Modification and the Mortgage Interest Rate subsequent to such Servicer Modification. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's CertificatesCertificate, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (iiiii) and (ixiv) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denominationDenomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall , initially be located at "w▇▇.www.ctslink.com". The Trustee will also make available copies of the ▇▇▇▇▇▇▇.▇▇▇"▇▇▇s the Trustee prepares and files with the Securities and Exchange Commission, including distribution reports on Form 10-D, annual reports on Form 10-K, current reports on Form 8-K and amendments to these reports available through this website promptly (but no later than one Business Day) after they are filed with the Securities and Exchange Commission. Assistance in using the this website can be obtained by calling the Trustee's customer service desk at (▇▇▇866) ▇▇▇846-▇▇▇▇4526. Parties that are unable to use the website are entitled to have a paper entitl▇▇ ▇▇ ▇▇▇▇ ▇ ▇aper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (iiii), (iv) and (iiix) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders Holder of the Residual Certificates Certificate for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders Holder of the Residual Certificates Certificate by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time. For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined and reported based on the so-called "MBA" methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Monthly Payment due on a Due Date if such Monthly Payment is not made by the close of business on the Mortgage Loan's next succeeding Due Date, and a Mortgage Loan would be more than 30-days delinquent with respect to such Monthly Payment if such Monthly Payment were not made by the close of business on the Mortgage Loan's second succeeding Due Date.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Mortgage 2007-4 Trust)

Statements to Certificateholders. (a) Prior to On each Determination Date, the Distribution Date in each month, based upon the information provided Master Servicer shall forward to the Trustee on and the Servicer's Certificates delivered Paying Agent for mailing to the Trustee pursuant each Class A Certificateholder, and concurrently with each distribution to Section 4.01Class A Certificateholders, the Trustee shall determine the following information mail to each Class A Certificateholder, a statement with respect to such Distribution Datedistribution setting forth: (i) for each Groupthe Class A Certificateholder Floating Allocation Percentage and the Class A Fixed Allocation Percentage applicable to such Distribution Date; (ii) the Class A Certificate Distribution Amount; (iii) the amount of such distributions allocable to Class A Certificate Interest and the related Class A Certificate Rate; (iv) the amount, if any, of Unpaid Class A Certificate Interest Shortfall (and any interest accrued thereon at a per annum rate equal to the sum of the Class A Certificate Rate and, to the extent permitted by law, the amount Unpaid Class A Certificate Interest Penalty Rate) and the amounts, if any, representing Unpaid Class A Carry Forward Interest included in such distribution; (v) the amount, if any, of the remaining Unpaid Class A Certificate Interest Shortfall and remaining Unpaid Class A Carry Forward Interest after giving effect to such distributions; (vi) the amount, if any, of such distributions allocable to principal, separately identifying stating the aggregate amount of any Principal Prepayments and Liquidation Proceeds included thereincomponents thereof; (iivii) the amount, if any, of the reimbursement of previous Class A Loss Reduction Amounts in such distributions; (viii) the amount, if any, of the aggregate of unreimbursed Class A Loss Reduction Amounts remaining after giving effect to such distributions; (ix) the Class A Servicing Fee for each Group such Distribution Date; (x) the Invested Amount, the Class A Certificate Principal Balance and the Class SES and Class WIO CertificatesPool Factor, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall each after giving effect to such distribution; (iiixi) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of Principal Collections on deposit in the shortfall and the allocation thereof Funding Account as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (vxii) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as end of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Daterelated Collection Period; (xiii) for each Groupthe Credit Enhancement Draw Amount, the Senior Prepayment Percentage if any, and the Subordinate Prepayment Percentage for Net Insured Principal Amount on the following Distribution Date; (xiv) the number and aggregate Trust Balances of Mortgage Loans as to which the Minimum Monthly Payment is delinquent for each Loan Group30-59 days, 60-89 days and 90 or more days, respectively, as of the aggregate amount end of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Daterelated Collection Period; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional aggregate Liquidation Loss Amount for such Distribution Dateall Mortgage Loans that became Liquidated Mortgage Loans during the related Collection Period; (xvi) the Ancillary Income for such Distribution Date; andbook value (within the meaning of 12 C.F.R. Section 571.13 or comparable provision) of any real estate acquired through foreclosure or grant of a deed in lieu of foreclosure; (xvii) the Class SES Compensating Interest for such A Certificate Rate applicable to the distributions on the following Distribution Date.; (bxviii) No later than each Distribution Date, the Trustee, based upon information supplied to it number and aggregate Trust Balances of Subsequent Funding Mortgage Loans on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency Subsequent Transfer Date and the Servicer a statement setting forth aggregate of the information set forth in Section 5.04(a)Trust Balances of the Subsequent Funding Mortgage Loans purchased on all prior Subsequent Transfer Dates; (xix) the number of the Mortgage Loans and aggregate of the Trust Balances of the Mortgage Loans retransferred on the related Retransfer Date and the number of the Mortgage Loans and aggregate of the Trust Balances of the Mortgage Loans retransferred on all prior Retransfer Dates; (xx) [RESERVED]; (xxi) [RESERVED]; and (xxii) earnings on all accounts. In the case of information furnished pursuant to clauses (iii), (iiiii) (in respect of Class A Certificate Interest), (iv) and (ixvi) of Section 5.04(a)above, the amounts shall be expressed as a dollar amount per Class A Certificate with a $1,000 denomination. On The Master Servicer shall also give such statement to each Distribution Date, Rating Agency at the time it gives such statement to the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changesPaying Agent. Within a reasonable period of time 60 days after the end of each calendar year, the Master Servicer shall prepare or cause to be prepared and shall forward to the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (iiii) and (iivi) of Section 5.04(a), in each case above aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholderyear. Such obligation of the Trustee Master Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee Master Servicer pursuant to any requirements of the Code Code. Except as from time provided in the next sentence, the Master Servicer shall prepare or cause to time be prepared tax information returns (in forcea manner consistent with the treatment of the Class A Certificates as indebtedness of the Seller) and any other tax forms required to be distributed or filed by the Seller (with a copy to the Trustee) or the Trustee in respect of the Class A Certificates and shall deliver such information or forms for filing by the Seller or the Trustee as required at least ten days prior to the date such information returns or forms are required by law to be distributed or filed. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee Master Servicer shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information cause to be reported to prepared (in a manner consistent with the Holders treatment of the Residual Class A Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders as indebtedness of the Residual Certificates by the Trustee), Seller) Internal Revenue Service Form 1099 (iior any successor form) information to be provided to the Holders in respect of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected distributions by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of (or the Code, Paying Agent) on the Class A Certificates and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of shall file and distribute such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently forms as required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to timeby law.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (HFC Revolving Corp)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO CertificatesGroup, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage, the Priority Percentage (if applicable) and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcyforeclosure) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, days and (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Class A-PO Deferred Amounts for such Distribution Date;; and (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO A-7 Notional Amount for such Distribution Date; (xvi) the Ancillary Income for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available prepare and deliver (by mail, fax or electronically) to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will may make available each month, to any interested party, the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i), (ii) and (iivii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bank of America Mortgage Sec Inc Mort Ps THR Cert Ser 2002-3)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO CertificatesGroup, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance and Pool Principal Balance (Non-Ratio Strip Portion) for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcyforeclosure) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, days and (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Loan Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date;; and (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, or any Ratio Strip Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available prepare and deliver (by mail, fax or electronically) to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will may make available each month, to any interested party, the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i), (ii) and (iivii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders Holder of the Residual Certificates Certificate for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders Holder of the Residual Certificates Certificate by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each the REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each the REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pass THR Cert Ser 2002 D)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Loan Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class 15-IO, Class 30-IO, Class SES and Class WIO X-B Certificates, the amount allocable to interest, the Class 2-A-2 Accrual Distribution Amount, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and distribution, any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distributiondistribution and the Accrual Distribution Amount; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and Date, the Total Senior Percentage and the Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date Date; and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, bankruptcy as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Class A-PO Deferred Amounts for such Distribution Date; (xv) the Class 15-IO Notional Amount, Class 30-IO Notional Amount, Class 1-A30-IO Notional Amount, Class 2-30-IO Notional Amount, Class 15-IO Notional Amount, Class 3-15-IO Notional Amount, Class 4-15-IO Notional Amount, Class SES Notional Amount, Class 1-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 34-WIO SES Notional Amount for such Distribution DateAmount; (xvi) the Ancillary Income for each Class SES Component for such Distribution Date; and; (xvii) the Class SES Compensating Interest for such Distribution Date.; and (xviii) for each Loan Group, the amount of total Recoveries, the Class A-PO Recovery and the Non-PO Recovery; (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's CertificatesCertificate, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ixii) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Mortgage Securities Mortgage Pass-Through Certificates Series 2004-5)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, the Accrual Distribution Amount, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Groupthe Senior Percentage, the Senior Priority Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the any Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcyforeclosure) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, days and (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, or any Ratio Strip Class A-PO Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES A-4 Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO SES Notional Amount for such Distribution Date; (xvi) the Ancillary Income Class SES Distributable Amount for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Mort Sec Inc Alternative Loan Trust 2003-1)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee Securities Administrator on the Master Servicer's Certificates Certificate delivered to the Trustee Securities Administrator pursuant to Section 4.01, the Trustee Securities Administrator shall determine the following information with respect to such Distribution Date: (i) for each Loan Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO CertificatesLoan Group, the amount allocable to interest, any Class Unpaid Interest Shortfall or and Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or and Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates and the Component Balance of each Component after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, (A) the Senior Percentage, the Senior Prepayment Percentage, the Subordinate Percentage and the Subordinate Prepayment Percentage for the following such Distribution Date and (B) the Total Senior Percentage, the Senior Prepayment Percentage, the Subordinate Percentage and Aggregate the Subordinate Prepayment Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, Group or any Ratio Strip Class PO Deferred Amounts for such Distribution Date; (xvxiv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount for each Class of Interest Only Certificates and the Class 3-WIO Notional Amount notional amount for each interest only Component for such Distribution Date; (xv) for each Loan Group, the Reimbursement Amount; (xvi) the Ancillary Income for such Distribution DateYield Maintenance Agreement Payments received from the Counterparty and the Yield Maintenance Amounts and the Yield Maintenance Amount Shortfalls paid to the Class 1-A-1 and Class 2-A-1 Certificates; and (xvii) for each Loan Group, the amount of Recoveries, the Class SES Compensating Interest for such Distribution DatePO Recovery and the Non-PO Recovery. (b) No later than each Distribution Date, the TrusteeSecurities Administrator, based upon information supplied to it on the Master Servicer's CertificatesCertificate, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer Master Servicer, a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ixii) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee Securities Administrator shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the TrusteeSecurities Administrator, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee Securities Administrator will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, Certificateholders and other parties to this Agreement via the TrusteeSecurities Administrator's Internet website. The TrusteeSecurities Administrator's Internet website shall initially be located at "w▇▇www.ctslink.com.▇▇▇▇▇▇▇.▇▇▇". " Assistance in using the website can be obtained by calling the Trusteeca▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ities Administrator's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are unable to use the website are entitled to have a paper ▇▇ ▇▇▇▇ ▇ ▇▇▇er copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in force. The Trustee Securities Administrator shall deliver to the Holders of Certificates any reports or information the Trustee Securities Administrator is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee Securities Administrator shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee Securities Administrator deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders Holder of the Residual Certificates Certificate for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders Holder of the Residual Certificates Certificate by the TrusteeSecurities Administrator), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee Securities Administrator in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMICREMIC created hereunder, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee Securities Administrator periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (SunTrust Alternative Loan Trust, Series 2005-1f)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee Securities Administrator on the Master Servicer's Certificates Certificate delivered to the Trustee Securities Administrator pursuant to Section 4.01, the Trustee Securities Administrator shall determine the following information with respect to such Distribution Date: (i) the actual Distribution Date, the related Record Date and the Interest Accrual Period for each Class for such Distribution Date; (ii) for each Loan Group, the related Pool Distribution Amount; (iii) for each Loan Group, the amount of the Pool Distribution Amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Prepayments, Liquidation Proceeds and other components included therein; (iiiv) for each Group and the Class SES and Class WIO CertificatesLoan Group, the amount of the Pool Distribution Amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iiiv) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (ivvi) the Class Certificate Balance of each Class of Certificates before and after giving effect to the distribution of principal on such Distribution Date; (vvii) for each Loan Group, the Pool Stated Principal Balance for the following preceding Distribution Date and the related Distribution Date; (viviii) for each Loan Group, (A) the Senior Percentage, the Senior Prepayment Percentage, the Subordinate Percentage and the Subordinate Prepayment Percentage for the following such Distribution Date and (B) the Total Senior Percentage, the Senior Prepayment Percentage, the Subordinate Percentage and Aggregate the Subordinate Prepayment Percentage for the following Distribution Date; (viiix) the Aggregate Loan Group 2 Senior Percentage, the Aggregate Loan Group 3 Senior Percentage, the Aggregate Loan Group 2 Subordinate Percentage and the Aggregate Loan Group 3 Subordinate Percentage for such Distribution Date and for the following Distribution Date; (x) the amount of the Servicing Fee paid to or retained by each Servicer with respect to each Loan Group and such Distribution Date, the amount of the Master Servicing Fee paid to or retained by the Master Servicer with respect to each Loan Group and such Distribution Date and, if applicable, and the amount of the Supplemental Servicing Fee payable to the premium paid by each Servicer with respect to each Mortgage Loan covered by a PMI Policy in each Loan Group and such Distribution Date; (viiixi) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ixxii) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on the Determination Date immediately preceding such Distribution Date; (xxiii) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) days, 31 to 60 days (3) days, 61 to 90 days days, 91 to 120 days, and for each additional 30-day period thereafter (4e.g., 121 to 150 days, 151 to 180 days, etc.) 91 or more daysup to foreclosure, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xixiv) for each Loan Group, with respect to any Mortgage Loan Loans that became an REO Property Properties during the preceding calendar month, the loan aggregate number of such Mortgage Loans and the aggregated Stated Principal Balance of such Mortgage Loan Loans as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereofof the REO Properties; (xiixv) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xivxvi) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Datemonth; (xvxvii) the Class 1-A-SES Notional Amountfor each Loan Group, the Class 1-A-WIO Notional Reimbursement Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvixviii) for each Loan Group, the Ancillary Income amount of Recoveries; (xix) for each Loan Group, the number of Mortgage Loans at the end of the applicable reporting period, and the Net WAC and weighted average remaining term; (xx) unless such information is otherwise set forth in the Form 10-D relating to such Distribution DateDate and provided that the Securities Administrator is reasonably able to include such information in the statement, material breaches of Mortgage Loan representations and warranties of which the Securities Administrator has knowledge or has received written notice; and (xviixxi) unless such information is otherwise set forth in the Class SES Compensating Interest for Form 10-D relating to such Distribution Date and provided that the Securities Administrator is reasonably able to include such information in the statement, material breaches of any covenants under this Agreement of which the Securities Administrator has knowledge or has received written notice. For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined and reported based on the so-called "MBA" methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan's next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan's second succeeding Due Date. (b) No later than each Distribution Date, the TrusteeSecurities Administrator, based upon information supplied to it on the Master Servicer's CertificatesCertificate, shall make available to each Holder of a Certificate, each Rating Agency and the Master Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (iiiii) and (ixiv) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee Securities Administrator shall prepare and furnish make available to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the TrusteeSecurities Administrator, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution DateDate (a "Monthly Statement"). The Trustee Securities Administrator will make the monthly statement Monthly Statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the TrusteeSecurities Administrator's Internet website. The TrusteeSecurities Administrator's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". ." Assistance in using the website can be obtained by calling the TrusteeSecurities Administrator's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator shall have the right to change the way the monthly statements Monthly Statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (iiii) and (iiiv) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in force. The Trustee Securities Administrator shall deliver to the Holders of Certificates any reports or information the Trustee Securities Administrator is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee Securities Administrator shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee Securities Administrator deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders Holder of the Residual Certificates Certificate for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders Holder of the Residual Certificates Certificate by the TrusteeSecurities Administrator), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee Securities Administrator in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee Securities Administrator periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Funding Corp)

Statements to Certificateholders. (a) Prior Concurrently with each -------------------------------- distribution to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01Investor Certificateholders, the Trustee shall determine forward to each Investor Certificateholder, the following information Master Servicer and each Rating Agency a statement prepared by the Master Servicer pursuant to Section 4.01 with respect to such Distribution Datedistribution setting forth: (i) the Investor Floating Allocation Percentage for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included thereinpreceding Collection Period; (ii) for each Group and the Class SES and Class WIO Certificates, Investor Certificate Distribution Amount; (iii) the amount allocable to interest, any Class Unpaid of Investor Certificate Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and the related Investor Certificate Rate; (iv) the amount, if any, of any remaining Class Unpaid Investor Certificate Interest Shortfall or Component in such distribution; (v) the amount, if any, of the remaining Unpaid Investor Certificate Interest Shortfall after giving effect to such distribution; (iiivi) the amount, if any, of principal in such distribution, separately stating the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interestcomponents thereof; (ivvii) the Class Certificate Balance amount, if any, of each Class the reimbursement of Certificates previous Investor Loss Amounts in such distribution; (viii) the amount, if any, of the aggregate of unreimbursed Investor Loss Reduction Amounts after giving effect to such distribution; (ix) the distribution of principal on Servicing Fee for such Distribution Date; (vx) for each Loan Groupthe Invested Amount, the Pool Stated Investor Certificate Principal Balance for and the following Distribution DatePool Factor, each after giving effect to such distribution; (vixi) for each Loan Group, the Senior Percentage Pool Balance as of the end of the preceding Collection Period and the Subordinate Percentage for aggregate of the following Distribution Date and Asset Balances of the Total Senior Percentage and Aggregate Subordinate Percentage for Mortgage Loans at the following Distribution Dateclose of business on the last day of the related Collection Period; (viixii) the Credit Enhancement Draw Amount, if any; (xiii) the number and aggregate Asset Balances of Mortgage Loans as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, as of the end of the preceding Collection Period; (xiv) the book value (within the meaning of 12 C.F.R. Section 571.13 or comparable provision) of any real estate acquired through foreclosure or grant of a deed in lieu of foreclosure; (xv) the amount of the Servicing Fee paid any optional advances pursuant to or retained Section 4.05 hereof by the Master Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances optional advances pursuant to Section 4.05 hereof by the Master Servicer outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income for Investor Certificate Rate applicable to such Distribution Date; anddistribution; (xvii) the Class SES Compensating Interest for such Distribution Date. number and principal balances of any Mortgage Loans retransferred to the Transferor pursuant to (a) Section 2.04 and (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a)2.06. In the case of information furnished pursuant to clauses (iii), (iiiii) in respect of Investor Certificate Interest, (iv), (v), (vi), (vii) and (ixviii) of Section 5.04(a)above, the amounts shall be expressed as a dollar amount per Investor Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time 60 days after the end of each calendar year, the Master Servicer shall prepare or cause to be prepared and shall forward to the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (iiii) and (iivi) of Section 5.04(a), in each case above aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholderyear. Such obligation of the Trustee Master Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee Master Servicer or a Paying Agent pursuant to any requirements of the Code as from time to time in forceCode. The Trustee shall deliver prepare or cause to be prepared (in a manner consistent with the Holders treatment of the Investor Certificates any reports or information as indebtedness of the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephoneTransferor, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is otherwise required by the Code, Treasury Regulations, Section 3.15) Internal Revenue Service Form 1099 (or any successor form) and the REMIC Provisions including, but not limited to, (i) information any other tax forms required to be reported filed or furnished to the Holders Certificateholders in respect of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected distributions by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of (or the Code, Paying Agent) on the Investor Certifi- cates and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of shall file and distribute such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently forms as required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to timeby ▇▇▇.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Cwabs Inc)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Loan Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO CertificatesLoan Group, the amount allocable to interest, the Class 1-A-5 Accrual Distribution Amount, the Class 1-A-6 Accrual Distribution Amount, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution distribution, and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage, the Total Senior Percentage, the Subordinate Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, bankruptcy as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip PO Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES A-11 Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES A-12 Notional Amount and the Class 3A-WIO IO Notional Amount for such Distribution DateAmount; (xvi) for each Loan Group, the Ancillary Income amount of total Recoveries, the PO Recovery and the Non-PO Recovery; (a) the Deficiency Amount, if any, for such Distribution Date and (b) amounts, if any, in respect of the Deficiency Amount paid under the Policy; (xviii) the amount remaining in the Reserve Fund after taking into account the Reserve Withdrawal, if any, for such Distribution Date; and (xviixix) the Class SES Compensating Interest Rounding Amount, if any, for such Distribution Date and the amount applied to repay such Rounding Amount withdrawn on the prior Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's CertificatesCertificate, shall make available to Assured Guaranty, each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ixii) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Mortgage Securities Mortgage Pass-Through Certificates Series 2005-4 Trust)

Statements to Certificateholders. (a) (i) Prior to the Distribution Date in each month, based upon the information provided to the Trustee Securities Administrator on the each Master Servicer's Certificates Certificate delivered to the Trustee Securities Administrator pursuant to Section 4.014.01 and with respect to subsections (W) and (X) below, after consultation with the Depositor, the Trustee Securities Administrator shall determine the following information with respect to the Shifting Interest Certificates and such Distribution Date: (iA) the actual Distribution Date, the related Record Date and the Interest Accrual Period for each Class of Shifting Interest Certificates for such Distribution Date; (B) the Pool Distribution Amount for each Shifting Interest Loan Group, ; (C) the amount of the Pool Distribution Amount for each Shifting Interest Loan Group allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Prepayments, Liquidation Proceeds and other components included therein; (iiD) the amount of the Pool Distribution Amount for each Shifting Interest Loan Group and the Class SES and Class WIO Certificates, the amount allocable to interestinterest and for each Related Group, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iiiE) if the distribution to the Holders of such Class of Shifting Interest Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (ivF) the Class Certificate Balance of each Class of Shifting Interest Certificates and the Component Balance of each Component before and after giving effect to the distribution of principal on such Distribution Date; (vG) for each Loan Group, the Pool Stated Principal Balance of the Group 1 Mortgage Loans, Group 2 Mortgage Loans and the Group 3 Mortgage Loans for the following preceding Distribution Date and the related Distribution Date; (viH) for each the Senior Percentage, the Crossed Loan GroupGroup Senior Percentage, the Senior Prepayment Percentage, the Crossed Loan Group Subordinate Percentage, the Subordinate Percentage and the Subordinate Prepayment Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage each Shifting Interest Loan Group for the following such Distribution Date; (viiI) the amount of the Servicing Fee Administrative Fees paid to or retained by the Servicer Servicers with respect to each Loan Group 1, Loan Group 2 and Loan Group 3 and such Distribution Date and, if applicable, Date; (J) the amount of the Supplemental WMMSC Master Servicing Fee payable paid to the WMMSC Master Servicer with respect to such Distribution Date; (viiiK) the Pass-Through Rate for each such Class of Shifting Interest Certificates (or Component) and each Component with respect to such Distribution Date; (ixL) for each Loan Group, the amount of Periodic Advances with respect to the Mortgage Loans included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding with respect to the Mortgage Loans as of the close of business on the Determination Date immediately preceding such Distribution Date; (xM) for each Loan Group, the number and aggregate principal amounts of the Shifting Interest Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) days, 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiN) for each Loan Group, with respect to any Shifting Interest Mortgage Loan Loans that became an REO Property Properties during the preceding calendar month, the loan aggregate number of such Mortgage Loans and the aggregate Stated Principal Balance of such Mortgage Loan Loans as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereofof the REO Properties; (xiiO) for each Shifting Interest Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiiiP) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses with respect to the Shifting Interest Loan Group incurred during the preceding calendar month and any PO Deferred Amounts for each Group, any Ratio Strip Deferred Amounts of Group 1 and Group 2 for such Distribution Date; (xvQ) the Class 1-AX-SES Notional Amount, the Class 1-A-WIO IO Notional Amount, the Class 2-SES Notional Amount, the Class 2X-WIO Notional Amount, the Class 3-SES IO Notional Amount and the Class 3X-WIO IO Notional Amount for such Distribution Date; (xviR) for each Shifting Interest Loan Group, the Ancillary Income for such Distribution DateReimbursement Amounts; and (xviiS) for each Shifting Interest Loan Group, the Class SES Compensating amount of Recoveries, the PO Recovery and the Non-PO Recovery; (T) any expenses or indemnification amounts paid by the Trust, the specific purpose of each payment and the parties to whom such payments were made; (U) any material modifications, extensions or waivers to Shifting Interest Mortgage Loan terms, fees, penalties or payments since the previous Distribution Date; (V) for the Shifting Interest Mortgage Loans in each Loan Group, the number and aggregate Stated Principal Balance, the weighted average Mortgage Interest Rate, the weighted average remaining term, each as of the close of business on the last day of the calendar month preceding such Distribution Date.; (bW) No later than each Distribution Date, the Trustee, based upon unless such information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information is otherwise set forth in Section 5.04(a). In the case of Form 10-D relating to such Distribution Date and provided that the Securities Administrator is reasonably able to include such information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(astatement, material breaches of Shifting Interest Mortgage Loan representations and warranties of which the Securities Administrator has knowledge or has received written notice; and (X) for unless such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information is otherwise set forth in clauses (i) the Form 10-D relating to such Distribution Date and (ii) provided that the Securities Administrator is reasonably able to include such information in the statement, material breaches of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by covenants under this Agreement of which the Securities Administrator has knowledge or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to timehas received written notice.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Funding 2007-3 Trust)

Statements to Certificateholders. (a) Prior to the On each Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01Date, the Trustee shall determine include with each distribution to each Certificateholder of record, a statement, prepared by the Servicer, based on information in the Servicer's Certificate furnished pursuant to Section 10.01(b) of the 1996-B Servicing Supplement, setting forth for the related Collection Period and distribution the following information with respect to as of the related Record Date or Deposit Date or such Distribution Date, as the case may be: (i) the Investor Percentage for each Groupsuch Collection Period, the amount allocable to principalstated separately for Interest Collections and Loss Amounts, separately identifying the aggregate amount of any and for Principal Prepayments and Liquidation Proceeds included thereinCollections; (ii) for the total amount being distributed to Investor Certificateholders in such distribution; (iii) the total amount being distributed to each Group and Class of Investor Certificateholders in such distribution; (iv) the total amount of interest being distributed to each Class SES of Investor Certificateholders in such distribution; (v) the amount, if any, of Class A-1 Interest Carryover Shortfall, Class A-2 Interest Carryover Shortfall, Class A-3 Interest Carryover Shortfall and Class WIO Certificates, the amount allocable to interest, any Class Unpaid B Interest Shortfall or Component Unpaid Interest Carryover Shortfall included in such distribution distribution; (vi) the amount, if any, of the remaining unpaid Class A-1 Interest Carryover Shortfall, Class A-2 Interest Carryover Shortfall, Class A-3 Interest Carryover Shortfall and any remaining Class Unpaid B Interest Shortfall or Component Unpaid Interest Carryover Shortfall after giving effect to such distribution; (iiivii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the total amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of being distributed to each Class of Certificates after giving effect to the distribution of principal on Investor Certificateholders in such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Datedistribution; (viii) the PassClass A-1 Allocation Percentage, the Class A-2 Allocation Percentage, the Class A-3 Allocation Percentage, the Class B Allocation Percentage and the amount, if any, of the reimbursement of Class A-1 Charged-Through Rate for each off Amounts, Class A-1 Residual Value Loss Amounts and Class A-1 Additional Loss Amounts, Class A-2 Charged-off Amounts, Class A-2 Residual Value Loss Amounts and Class A-2 Additional Loss Amounts, Class A-3 Charged-off Amounts, Class A-3 Residual Value Loss Amounts and Class A-3 Additional Loss Amounts and Class B Charged-off Amounts, Class B Residual Value Loss Amounts and Class B Additional Loss Amounts being included in such Class of Certificates (or Component) with respect to such Distribution Datedistribution; (ix) for each Loan Groupthe amount, if any, of the amount reimbursement of Periodic Advances Class A-1 Certificate Principal Loss Amounts, Class A-2 Certificate Principal Loss Amounts, Class A-3 Certificate Principal Loss Amounts and Class B Certificate Principal Loss Amounts included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Datedistribution; (x) for each Loan Groupthe amount, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more daysif any, (B) in foreclosure, as of the close aggregate of business on the last day of the calendar month preceding such Distribution Date unreimbursed Class A-1 Certificate Principal Loss Amounts, Class A-2 Certificate Principal Loss Amounts, Class A-3 Certificate Principal Loss Amounts and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a B Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Securitization Trust Agreement (World Omni 1996-B Automobile Lease Securitization Trust)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, the Class A-9 Accrual Distribution Amount, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Groupthe Senior Percentage, the Senior Priority Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee Fees paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer Servicers with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcyforeclosure) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, days and (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, or any Ratio Strip Class A-PO Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income for such Distribution Date; and (xviixv) the Class SES Compensating Interest for such Distribution Special Hazard Loss Amount, the Fraud Loss Amount and the Bankruptcy Loss Amount, in each case as of the related Determination Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available prepare and deliver (by mail, fax or electronically) to each Holder of a Certificate, each Rating Agency and the each Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will may make available each month, to any interested party, the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i), (ii) and (iivii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders Holder of the Residual Certificates Certificate for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders Holder of the Residual Certificates Certificate by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each the REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each the REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pas Thru Cert Ser 1999-11)

Statements to Certificateholders. (a) Prior to On each Determination Date, the Distribution Date in each month, based upon the information provided Servicer shall provide to the Trustee on the Servicer's Certificates delivered (with a copy to the Trustee pursuant to Section 4.01, Rating Agencies) for the Trustee shall determine to forward to each Certificateholder of record a statement, substantially in the form of Exhibit C (each a "Distribution Date Statement") setting forth with respect to the related Collection Period at least the following information with respect as to such Distribution Datethe Certificates to the extent applicable: (i) for each Group, the amount of the distribution allocable to principal, separately identifying principal of the aggregate amount of any Principal Prepayments Class A Certificates and Liquidation Proceeds included thereinthe Class B Certificates; (ii) for each Group the amount of the distribution allocable to interest on the Class A Certificates and the Class SES and Class WIO B Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of such Collection Period, after giving effect to payments allocated to principal reported under (i) and (ii) above; (iv) the calendar month amount of the Servicing Fee paid to the Servicer with respect to such Collection Period and the Class A Percentage and Class B Percentage of the Servicing Fee paid to the Servicer with respect to such Collection Period; (v) the amount of any Class A Interest Carryover Shortfall, Class A Principal Carryover Shortfall, Class B Interest Carryover Shortfall and Class B Principal Carryover Shortfall on the Distribution Date immediately following such Collection Period and the change in such amounts from those with respect to the immediately preceding Distribution Date; (vi) the Class A Pool Factor and the Class B Pool Factor as of such Distribution Date and Date, after giving effect to payments allocated to principal reported under clause (Ci) in bankruptcyabove; (vii) the amount of the aggregate Realized Losses, net of Recoveries if any, for such Collection Period; (viii) the aggregate Principal Balance of all Receivables which were more than 60 days delinquent as of the close of business on the last day of such Collection Period; (ix) the calendar month preceding amount on deposit in the Reserve Fund on such Distribution Date, after giving effect to distributions made on such Distribution Date; (xix) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Class A Principal Balance and the Class B Principal Balance as of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereofDate, after giving effect to payments allocated to principal reported under clause (i) above; (xiixi) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of amount otherwise distributable to the close of business Class B Certificateholders that is being distributed to the Class A Certificateholders on the Determination Date preceding such Distribution Date; (xii) the aggregate Purchase Amount of Receivables repurchased by the Seller or purchased by the Servicer with respect to such Collection Period; (xiii) for each Group, the Senior Prepayment Percentage and amounts collected by the Subordinate Prepayment Percentage for the following Distribution DateServicer; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during amounts received by the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution DateTrust from the Servicer; (xv) delinquency information relating to the Class 1-A-SES Notional AmountReceivables which are 30, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount 60 and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income for such Distribution Date90 days delinquent; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information Each amount set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii), (iv) and (ixv) of Section 5.04(a), the amounts above shall be expressed in the aggregate and as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(aof original denomination of a Certificate. (b) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, but not later than the latest date permitted by law, the Trustee shall furnish mail, to each Person who at any time during the such calendar year was the Holder of shall have been a Certificate, if requested in writing by such PersonCertificateholder, a statement provided by the Servicer containing the information set forth sum of the amounts described in clauses (i), (ii), (iv) and (iiv) of Section 5.04(a), in each case aggregated above for such calendar year or or, in the event such Person shall have been a Certificateholder during a portion of such calendar year, for the applicable portion thereof during which of such year, for the purposes of such Certificateholder's preparation of federal income tax returns. In addition, the Servicer shall furnish to the Trustee for distribution to such Person was at such time any other information necessary under applicable law for the preparation of such income tax returns. (c) The Servicer, at its own expense, shall cause a Certificateholder. Such obligation firm of the Trustee shall nationally recognized accountants to prepare any state tax returns required to be deemed to have been satisfied to the extent that substantially comparable information shall be provided filed by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of CertificatesTrust, and the Trustee shall prepare execute and provide file such returns if requested to do so by the Servicer. The Trustee, upon written request, will promptly furnish the Servicer with all such information known to the Certificateholders (by mail, telephone, or publication Trustee as may be permitted by applicable Treasury Regulations) such other reasonable information as reasonably required in connection with the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders preparation of any state tax returns of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to timeTrust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Mellon Auto Receivables Corp)

Statements to Certificateholders. (a) Prior to the On each Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01Date, the Trustee shall determine include with each distribution to each Certificateholder of record, a statement, prepared by the Servicer, based on information in the Servicer's Certificate furnished pursuant to Section 13.10, setting forth for the related Collection Period the following information with respect to as of the last day of the related Collection Period or such Distribution Date, as the case may be: (i) for each Group, the amount of such distribution allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount of such distribution allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of such Collection Period; (iv) the calendar month preceding amount of the Basic Servicing Fee paid to the Servicer with respect to the related Collection Period and the Class A Percentage of the Basic Servicing Fee; (v) the amount of the Class A Principal and Interest Carryover Shortfalls, if any, on such Distribution Date and the change in the Class A Principal and Interest Carryover Shortfalls from the immediately preceding Distribution Date; (Cvi) in bankruptcy, the Pool Factor and the Class A Pool Factor as of such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above; (vii) the close amount otherwise distributable to the Class B Certificateholders that is distributed to the Class A Certificateholders on such Distribution Date; (viii) the amount on deposit in the Reserve Fund on such Distribution Date, after giving effect to distributions made on such Distribution Date, and the change in such amount from the immediately preceding Distribution Date and the Specified Reserve Fund Balance; (ix) the amount on deposit in the Payahead Account or held by the Servicer constituting Payments Ahead and the change in such amount from the immediately preceding Distribution Date; (x) the amount of business Outstanding Advances on such Distribution Date and the last day of change in such amount from the calendar month immediately preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, Class A Certificate Balance and the loan number and Stated Principal Class B Certificate Balance as of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereofDate, after giving effect to payments allocated to principal reported under clause (i) above; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES Notional Yield Supplement Deposit Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Maximum Yield Supplement Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) amount on deposit in the Ancillary Income for Yield Supplement Account, after giving effect to distributions made on such Distribution Date; and (xviixiii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Dateamount available under the Servicer Letter of Credit, if any, the TrusteeServicer Letter of Credit Amount, based upon information supplied to it on if any, and such amount as a percentage of the Servicer's Certificates, shall make available to each Holder Pool Balance as of a Certificate, each Rating Agency and the Servicer a statement setting forth last day of the information related Collection Period. Each amount set forth in Section 5.04(a). In the case of information furnished pursuant to clauses subclauses (i), (ii) and (ix) of Section 5.04(a), the amounts (iv) or (v) above shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(aof original principal balance of a Class A Certificate. (b) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, but not later than the latest date permitted by law, the Trustee shall furnish mail, to each Person who at any time during the such calendar year was the shall have been a Holder of a Class A Certificate, if requested in writing by such Person, a statement containing or statements, prepared by the information Servicer, which in the aggregate contain the sum of the amounts set forth in clauses (i), (ii), (iv) and (iiv) of Section 5.04(a), in each case aggregated above for such calendar year or or, in the event such Person shall have been a Holder of a Class A Certificate during a portion of such calendar year, for the applicable portion thereof during which of such year, for the purposes of such Certificateholder's preparation of federal income tax returns. In addition, the Servicer shall furnish to the Trustee for distribution to such Person was a Certificateholder. Such obligation at such time any other information necessary under applicable law for the preparation of the Trustee shall be deemed such income tax returns, including information relating to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (calculation if subsequent determinations are required pursuant to the REMIC Provisions) made from time to timeany.

Appears in 1 contract

Sources: Standard Terms and Conditions Agreement (American Honda Receivables Corp)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO CertificatesGroup, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage, the Priority Percentage (if applicable) and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcyforeclosure) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, days and (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Class A-PO Deferred Amounts for such Distribution Date;; and (xv) the Class 1-A-SES A-37 Notional Amount, the Class 1-A-WIO Notional Amount, Amount and the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3A-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available prepare and deliver (by mail, fax or electronically) to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will may make available each month, to any interested party, the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i), (ii) and (iivii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bank of America Mortgage Sec Inc Mor Pa Th Cert Ser 2002-6)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates Certificate delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Group, the amount allocable to principalprincipal for each Certificate Group, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interestinterest for each Certificate Group, the Class 1A-11 Accrual Distribution Amount, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for each Loan Pool for the following Distribution Date; (vi) for each Loan Groupthe Senior Percentage, the Senior Class 1A-12 Priority Percentage or the Class 2A-2 Priority Percentage, as applicable, and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage each Certificate Group for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Datefor each Loan Pool; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution for each Certificate Group on such Distribution Date and the aggregate amount of Periodic Advances outstanding for each Certificate Group as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans in each Loan Pool (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) foreclosure), (1) 1 to 30 days days, (2) 31 to 60 days days, (3) 61 to 90 days and (4) 91 or more days, days and (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties in each Loan Pool (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiiixii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for each Certificate Group for the following Distribution Date; (xivxiii) for each Loan Group, the aggregate amount of Realized Losses incurred with respect to each Loan Pool during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts Certificate Group for such Distribution Date; (xvxiv) the Class 1-A-SES Notional Special Hazard Loss Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Fraud Loss Amount and the Class 3-WIO Notional Bankruptcy Loss Amount for such Distribution Date; (xvi) the Ancillary Income for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a)Group, in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation as of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Coderelated Determination Date; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.and

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Funding Corp)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee Securities Administrator on the Master Servicer's Certificates Certificate delivered to the Trustee Securities Administrator pursuant to Section 4.014.01 and with respect to subsections (xxi) and (xxii) below, after consultation with the Depositor, the Trustee Securities Administrator shall determine the following information with respect to such Distribution Date: (i) the date of such Distribution Date and the Determination Date for such Distribution Date; (ii) for each GroupClass, the applicable Record Date and Interest Accrual Period; (iii) the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (iiiv) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iiiv) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (ivvi) the Class Certificate Balance of each Class of Certificates prior to and after giving effect to the distribution of principal on such Distribution Date; (vvii) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (viviii) for each Loan Group(A) the Senior Percentage, the Senior Prepayment Percentage, the Subordinate Percentage and the Subordinate Prepayment Percentage for the following such Distribution Date and (B) the Total Senior Percentage, the Senior Prepayment Percentage, the Subordinate Percentage and Aggregate the Subordinate Prepayment Percentage for the following Distribution Date; (viiix) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group Servicer, and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Trustee Fee payable paid to the Servicer Trustee, with respect to such Distribution Date; (viiix) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ixxi) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and Date, the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date and the amount of Periodic Advances reimbursed since the previous Distribution Date; (xxii) the amount of Servicing Advances made since the previous Distribution Date and the aggregate amount of Servicing Advances outstanding as of the close of business on such Distribution Date; (xiii) the number and aggregate Stated Principal Balance of the Mortgage Loans, the Net WAC, the ranges of Mortgage Interest Rates for the Mortgage Loans, separated by 0.25%, the weighted average remaining term to maturity of the Mortgage Loans and the cumulative amount of Principal Prepayments, each Loan Group, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiv) the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 in 30-day increments until foreclosure or more daysother disposition, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xixv) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xiixvi) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiiixvii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Class PO Deferred Amounts for such Distribution Date; (xvxviii) the Class 1-A-SES Notional Reimbursement Amount; (xix) the amount of total Recoveries, the Class 1PO Recovery and the Non-PO Recovery allocated to the Class A-WIO Notional AmountPO Certificates; (xx) any expenses or indemnification amounts paid by the Trust, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount specific purpose of each payment and the Class 3parties to whom such payments were made; (xxi) any material modifications, extensions or waivers as to Mortgage Loan terms, fees, penalties or payments since the previous Distribution Date and cumulatively since the Cut-WIO Notional Amount for such Distribution off Date; (xvixxii) unless such information is set forth in the Ancillary Income for Form 10-D relating to such Distribution DateDate and provided the Securities Administrator is reasonably able to include such information on the statement, any material breaches of representations and warranties relating to the Mortgage Loans and any material breach of covenants hereunder; and (xviixxiii) the Class SES Compensating Interest for such number and aggregate principal balance of any Mortgage Loans repurchased by the Depositor from the Trust since the previous Distribution Date. (b) No later than each Distribution Date, the TrusteeSecurities Administrator, based upon information supplied to it on the Master Servicer's CertificatesCertificate, shall make available to each Holder of a Certificate, each Rating Agency and the Master Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (iiiii) and (ixiv) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee Securities Administrator shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the TrusteeSecurities Administrator, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee Securities Administrator will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the TrusteeSecurities Administrator's Internet website. The Trustee's Internet website shall , initially be located at "w▇▇www.[insert website address].▇▇▇▇▇▇▇.▇▇▇"" The Securities Administrator will also make available copies of periodic reports the Securities Administrator files with the Securities and Exchange Commission, including distribution reports on Form 10-D, annual reports on Form 10-K, current reports on Form 8-K and amendments to these reports, available through this website promptly (but no later than one Business Day) after they are filed with the Securities and Exchange Commission. Assistance in using the website can be obtained by calling the TrusteeSecurities Administrator's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇[insert phone number]. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (iiii), (iv) and (iiix) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in force. The Trustee Securities Administrator shall deliver to the Holders of Certificates any reports or information the Trustee Securities Administrator is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee Securities Administrator shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee Securities Administrator deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders Holder of the Residual Certificates Certificate for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders Holder of the Residual Certificates Certificate by the TrusteeSecurities Administrator), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each the REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee Securities Administrator in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each the REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee Securities Administrator periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Funding Corp)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Loan Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date Date; and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, bankruptcy as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Class PO Deferred Amounts for such Distribution Date; (xv) the Class 1-AIO Notional Amount, Class 2-IO Notional Amount, Class 3-IO Notional Amount, Class 4-IO Notional Amount, Class 5-IO Notional Amount, Class 6-IO Notional Amount, Class 30-B-IO Notional Amount, Class 1-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount, Class 4-SES Notional Amount, Class 5-SES Notional Amount and the Class 36-WIO SES Notional Amount for such Distribution Date; (xvi) the Ancillary Income for each Class SES Component for such Distribution Date; and; (xvii) the Class SES Compensating Interest for such Distribution Date; and (xviii) for each Loan Group the amount of total Recoveries, the Class PO Recovery and the Non-PO Recovery. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's CertificatesCertificate, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ixii) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Alternative Loan Trust Mortgage Pass-Through Certificates Series 2004-4)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided a. The Servicer shall prepare and furnish to the Trustee the statements specified below relating to the Class A-1 Certificates, Class M-1 Certificates, Class M-2 Certificates, Class B-1 Certificates, Class B-2 Certificates and Class B-3I Certificates on or before the third Business Day next preceding each Remittance Date. The Trustee and the Servicer shall inform any Certificateholder, ▇▇▇▇▇▇ Brothers Inc., ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇ Incorporated and ▇▇▇▇▇▇▇ ▇▇▇▇▇ Barney Inc. inquiring by telephone of the information contained in the most recent Monthly Report. b. Concurrently with each distribution charged to the Certificate Account the Trustee, so long as it has received the Monthly Report from the Servicer's Certificates delivered , shall forward or cause to be forwarded by mail to each Holder of a Class A-1 Certificate and (if the Trustee pursuant to Section 4.01, Company is not the Trustee shall determine Servicer) the following information with respect to such Distribution DateCompany a statement setting forth the following: (i) for each Group, the amount of such distribution to Holders of Class A-1 Certificates allocable to interest, separately identifying any Unpaid Class A-1 Interest Shortfall included in such distribution and any remaining Unpaid Class A-1 Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of Class A-1 Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Unpaid Class Unpaid Interest Shortfall or Component Unpaid Interest A-1 Principal Shortfall after giving effect to such distribution; (iii) the amount, if any, by which the distribution to Class A-1 Formula Distribution Amount for such Remittance Date exceeds the Holders of Class A -1Distribution Amount for such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interestRemittance Date; (iv) the Class Certificate Principal Balance of for each Class of Certificates Class A-1 Certificates, after giving effect to the distribution of principal on such Distribution Remittance Date; (v) the Class A-1 Percentage for each Loan Group, the Pool Stated Principal Balance for such Remittance Date and the following Distribution Remittance Date; (vi) the Pool Scheduled Principal Balance of the Contracts for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution such Remittance Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution DatePool Factor; (viii) the Passnumber and aggregate principal balances of Contracts delinquent (a) 30-Through Rate for each such Class of Certificates 59 days and (b) 60 or Component) with respect to such Distribution Datemore days; (ix) for each Loan Group, the amount number of Periodic Advances included in Manufactured Homes that were repossessed during the distribution on month ending immediately prior to such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Remittance Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans Manufactured Homes that were repossessed but remain in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, inventory as of the close of business on the last day of the calendar month preceding related Due Period ending immediately prior to such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Remittance Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan Class M-1 Distribution Test (as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereofset forth in Exhibit N hereto); (xii) for each Loan Group, the total number and principal balance of any REO Properties Class M-2 Distribution Test (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Dateset forth in Exhibit N hereto); (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Class B Distribution DateTest (as set forth in Exhibit N hereto); (xiv) for each Loan Group, the aggregate amount Weighted Average Contract Rate of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Dateall outstanding Contracts; (xv) the Class 1-A-SES Notional M-1 Interest Deficiency Amount, the Class 1-A-WIO Notional Amountif any, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Remittance Date; (xvi) the Ancillary Income Class M-2 Interest Deficiency Amount, if any, for such Distribution Remittance Date; and (xvii) the Class SES Compensating B-1 Interest Deficiency Amount, if any, for such Distribution Remittance Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), ) through (iiiv) and (ix) of Section 5.04(a)above, the amounts shall be expressed as a dollar amount per Class A-1 Certificate with a 1% Percentage Interest or per $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changesdenomination of Class A-1 Certificate. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, Class A-1 Certificate a statement containing the information set forth in clauses (i) with respect to interest accrued and (ii) of Section 5.04(a), in each case aggregated for principal paid on its Certificates during such calendar year or applicable portion thereof during which such Person was a Certificateholderyear. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code. c. On each Remittance Date, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, forward or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information cause to be reported forwarded by mail to the Holders each Holder of a Class M-1 Certificate a copy of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be Monthly Report forwarded to the Holders of the Residual Class A-1 Certificates by on such Remittance Date. The Servicer shall also furnish to the Trustee), which shall forward such report to the Class M-1 Certificateholders as part of the Monthly Report, the following information: (i) the amount of such distribution to Holders of Class M-1 Certificates allocable to interest, separately identifying any Unpaid Class M-1 Interest Shortfall included in such distribution, any remaining Unpaid Class M-1 Interest Shortfall after giving effect to such distribution, any Class M-1 Liquidation Loss Interest Amount included in such distribution and any remaining unpaid Class M-1 Liquidation Loss Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of Class M-1 Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments included therein and any remaining Unpaid Class M-1 Principal Shortfall after giving effect to such distribution; (iii) the amount, if any, by which the Class M-1 Formula Distribution Amount for such Remittance Date exceeds the Amount Available less the Class A-1 Distribution Amount for such Remittance Date; (iv) the Class M-1 Principal Balance and the Class M-1 Adjusted Principal Balance (if different) after giving effect to the distribution of principal on such Remittance Date; (v) the Class M-1 Percentage for such Remittance Date and the following Remittance Date; and (vi) the information described above in Section 6.05(b)(vi) through (xvii). In the case of the information in clauses (i) through (iv) above, the amounts shall be expressed as a dollar amount per Class M-1 Certificate with a 1% Percentage Interest or per $1,000 denomination of Class M-1 Certificate. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Class M-1 Certificate a statement containing the applicable distribution information provided pursuant to this Section aggregated for such calendar year or applicable portion thereof during which such Person was the Holder of a Class M-1 Certificate. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time enforced. d. On each Remittance Date, the Trustee shall forward or cause to be forwarded by mail to each Holder of a Class M-2 Certificate a copy of the Monthly Report forwarded to the Holders of Class A-1 Certificates with respect and Class M-1 Certificates on such Remittance Date. The Servicer shall also furnish to amounts the Trustee, which should be shall forward such report to the Class M-2 Certificateholders as part of the Monthly Report, the following information: (i) the amount of such distribution to Holders of Class M-2 Certificates allocable to interest, separately identifying any Unpaid Class M-2 Interest Shortfall included as interest and original issue discount in such Holders' gross income distribution, any remaining Unpaid Class M-2 Interest Shortfall after giving effect to such distribution, any Class M-2 Liquidation Loss Interest Amount included in such distribution and any remaining unpaid Class M-2 Liquidation Loss Interest Shortfall after giving effect to such distribution; (iiiii) information the amount of such distribution to be provided to all Holders of Class M-2 Certificates setting forth allocable to principal, separately identifying the percentage aggregate amount of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.Principal

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Green Tree Financial Corp)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, the Class A-6 Accrual Distribution Amount, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Groupthe Senior Percentage, the Senior Priority Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee Fees paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer Servicers with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcyforeclosure) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, days and (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Groupmonth, any Ratio Strip Class A-10 Loss Allocation Amount or any Class A-PO Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income for such Distribution Date; and (xviixv) the Class SES Compensating Interest for such Distribution Special Hazard Loss Amount, the Fraud Loss Amount and the Bankruptcy Loss Amount, in each case as of the related Determination Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available prepare and deliver (by mail, fax or electronically) to each Holder of a Certificate, each Rating Agency and the each Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will may make available each month, to any interested party, the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i), (ii) and (iivii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders Holder of the Residual Certificates Certificate for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders Holder of the Residual Certificates Certificate by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each the REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each the REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pass THR Cert Ser 1999-9)

Statements to Certificateholders. (a) Prior to the On each Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01Date, the Trustee shall determine include with each distribution to the Certificateholders and shall mail to the Rating Agency a statement, based on information in the Servicer's Certificate furnished to the Trustee by the Servicer pursuant to Section 8.09, setting forth for the Collection Period relating to such Distribution Date the following information with respect to such Distribution Date:(which in the case of items (i), (ii), (iii), (iv) and (x) shall be based on a Certificate in a principal amount of $1,000): (i) for each Group, the amount allocable to principal, separately identifying of the aggregate amount of any Principal Prepayments and Liquidation Proceeds included thereindistribution that constitutes Class A Monthly Interest; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, any of the aggregate distribution that constitutes Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distributionB Monthly Interest; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interestaggregate distribution that constitutes Class A Monthly Principal; (iv) the amount of the aggregate distribution that constitutes Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution DateB Monthly Principal; (v) for each Loan Group, the Pool Stated Class A Principal Balance for the following (after giving effect to any distribution of Monthly Principal made on such Distribution Date;) on which Class A Monthly Interest will be calculated on the next succeeding Distribution Date; POOLING AND SERVICING AGREEMENT (vi) for each Loan Group, the Senior Percentage and Class B Principal Balance (after giving effect to any distribution of Monthly Principal made on such Distribution Date) on which Class A Monthly Interest will be calculated on the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following next succeeding Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution DateClass A Certificate Factor; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution DateB Certificate Factor; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Dateremaining Available Spread Amount; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as sum of the close of business on Monthly Servicing Fee and the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution DateRequired Spread Amounts; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property Distribution Dates during the preceding calendar monthFunding Period, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof;remaining Pre-Funded Amount; and (xii) for each Loan Groupthe Distribution Date on which (or immediately following the date on which) the Funding Period ends, the total number and principal balance of any REO Properties (and market valueamount, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Groupany, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained remaining in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make Pre-Funded Account after the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to purchase of all above parties regarding any such changesSubsequent Receivables. Within a reasonable the prescribed period of time for tax reporting purposes after the end of each calendar yearyear during the term of the agreement, the Trustee shall furnish mail, to each Person who at any time during the such calendar year was the Holder of shall have been a Certificate, if requested in writing by such PersonCertificateholder, a statement containing the information set forth sum of the amounts determined in clauses (i) ), (ii), (iii), (iv), and (iix) of Section 5.04(a), in each case aggregated for such calendar year or year, as applicable to such Person, or, in the event such Person shall have been a Certificateholder during a portion of such calendar year, for the applicable portion thereof during which of such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that year, unless substantially comparable information shall be has been provided by to such Certificateholder, for the Trustee pursuant to any requirements purposes of such Certificateholder's preparation of federal income tax returns. To the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is extent required by this Agreement applicable law, the Servicer shall prepare or the Code, Treasury Regulations or REMIC Provisions cause to deliver to the Holders of Certificates, be prepared and the Trustee shall prepare sign the tax returns of the Trust Fund and provide shall file such returns and such of the above information with the Internal Revenue Service and furnish such information to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to timereturns.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bay View Deposit CORP)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee Securities Administrator on the Master Servicer's Certificates Certificate delivered to the Trustee Securities Administrator pursuant to Section 4.01, the Trustee Securities Administrator shall determine the following information with respect to such Distribution Date: (i) for each Loan Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO CertificatesLoan Group, the amount allocable to interest, any Class Unpaid Interest Shortfall or and Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or and Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates and Component Balance of each Component after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, (A) the Senior Percentage, the Senior Prepayment Percentage, the Subordinate Percentage and the Subordinate Prepayment Percentage for the following such Distribution Date and (B) the Total Senior Percentage, the Senior Prepayment Percentage, the Subordinate Percentage and Aggregate the Subordinate Prepayment Percentage for the following Distribution Date; (vii) the CB Crossed Loan Group Senior Percentage, the DB Crossed Loan Group Senior Percentage, the CB Crossed Loan Group Subordinate Percentage and the DB Crossed Loan Group Subordinate Percentage for such Distribution Date and for the following Distribution Date; (viii) the amount of the Servicing Fee paid to or retained by the each Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viiiix) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ixx) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (xxi) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xixii) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xiixiii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Datemonth; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount for each Class of Interest Only Certificates and the Class 3-WIO Notional Amount for each Interest Only Component for such Distribution Date; (xvi) the Ancillary Income for Cap Carryover Amounts distributed on such Distribution Date and the Cap Carryover Amounts remaining after giving effect to distributions thereof on such Distribution Date; and; (xvii) the Class SES Compensating Interest for amount of the distribution made on such Distribution DateDate to the Holders of the Class P Certificates; (xviii) the amount of Net Deferred Interest added to the Class Certificate Balance of any Class of Certificates or the Component Balance of any Component; (xix) for each Loan Group, the Reimbursement Amount; and (xx) for each Loan Group, the amount of Recoveries. (b) No later than each Distribution Date, the TrusteeSecurities Administrator, based upon information supplied to it on the Master Servicer's CertificatesCertificate, shall make available to each Holder of a Certificate, each Rating Agency and the Master Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ixii) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee Securities Administrator shall prepare and furnish make available to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the TrusteeSecurities Administrator, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee Securities Administrator will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the TrusteeSecurities Administrator's Internet website. The TrusteeSecurities Administrator's Internet website shall initially be located at "w▇▇www.ctslink.com.▇▇▇▇▇▇▇.▇▇▇". " Assistance in using the website can be obtained by calling the Trusteeca▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ities Administrator's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are unable to use the website are entitled to have a paper ▇▇ ▇▇▇▇ ▇ ▇▇▇er copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in force. The Trustee Securities Administrator shall deliver to the Holders of Certificates any reports or information the Trustee Securities Administrator is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee Securities Administrator shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee Securities Administrator deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders Holder of the Residual Certificates Certificate for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders Holder of the Residual Certificates Certificate by the TrusteeSecurities Administrator), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee Securities Administrator in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee Securities Administrator periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Funding Corp. 2005-E Trust)

Statements to Certificateholders. (a) Prior to a. On or before the Distribution Date in third Business Day next preceding each monthPayment Date, based upon the information provided Servicer shall prepare and furnish to the Trustee on the Servicer's Certificates delivered statements specified below with respect to the Trustee pursuant distribution on such Payment Date. Concurrently with each distribution to Section 4.01Certificateholders, the Trustee shall determine forward such statements by mail, or cause them to be forwarded by mail, to the Certificateholders as described below and (if the Originator is not the Servicer) to the Originator. b. The statements for the Class A and Class I-IO Certificateholders shall include the following information with respect to such Distribution Dateinformation: (i) for each Group, the amount of the distribution to Holders of each Class of Class A and Class I-IO Certificates allocable to interest, separately identifying any Unpaid Class A and IO Interest Shortfall included in such distribution and any remaining Unpaid Class A and IO Interest Shortfall after giving effect to such distribution; (ii) the amount of the distribution to Holders of each Class of Class A Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (iiiii) for each Group and the amount, if any, by which the Class SES I-A-1A Formula Principal Distribution Amount, the Class I-A(B) Formula Principal Distribution Amount and Class WIO II-A Formula Principal Distribution Amount exceeds the Principal Distribution Amount for the Class I-A-1A Certificates and each Class of Class I-A(B) Certificates and Class II-A Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interestrespectively; (iv) the Class Certificate Principal Balance of each Class of Class A Certificates and the Class I-IO Notional Principal Amount after giving effect to the distribution of principal on such Distribution Payment Date; (v) for each Loan Group, the Pool Stated Scheduled Principal Balance, and of that amount the Group I Scheduled Principal Balance and the Group II Scheduled Principal Balance for the following Distribution such Payment Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Enhancement Percentage for the following Distribution Date Group I Certificates and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's II Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.respectively;

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee Securities Administrator on the Servicer's Certificates delivered to the Trustee Securities Administrator pursuant to Section 4.01, and with respect to subsection (xxii) below as identified by the Trustee Depositor, the Securities Administrator shall determine the following information with respect to such Distribution Date: (i) the date of such Distribution Date and the Determination Date for such Distribution Date; (ii) for each GroupClass, the applicable Record Date and Interest Accrual Period; (iii) for each Class, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (iiiv) for each Group and the Class SES and Class WIO CertificatesClass, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iiiv) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (ivvi) the Class Certificate Balance of each Class of Certificates prior to and after giving effect to the distribution of principal on such Distribution Date; (vvii) for each Loan Group, the Pool Stated Principal Balance for the following such Distribution Date; (viviii) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following such Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following such Distribution Date; (viiix) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viiix) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ixxi) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and Date, the aggregate amount of Periodic Advances outstanding as of the close of business on the last day of the calendar month preceding such Distribution Date and the amount of Periodic Advances reimbursed since the previous Distribution Date; (xii) for each Loan Group, the number and aggregate Stated Principal Balance of the Mortgage Loans, the Net WAC, the ranges of Mortgage Interest Rates for the Mortgage Loans, separated by 0.25% weighted average remaining term to maturity of the Mortgage Loans and the cumulative amount of Principal Prepayments, each as of the close of business on the last day of the calendar month preceding such Distribution Date; (xxiii) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 in 30-day increments until foreclosure or more daysother disposition, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, bankruptcy as of the close of business on the last day of the calendar month preceding such Distribution Date; (xixiv) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date last day of the calendar month preceding such Distribution Date and the date of acquisition thereof; (xiixv) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date last day of the calendar month preceding such Distribution Date; (xiiixvi) for each Loan Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following such Distribution Date; (xivxvii) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month month; (xviii) in the case of each Class of Interest Only Certificates, the applicable Notional Amount, if any; (xix) any expenses or indemnification amounts paid by the Trust, the specific purpose of each payment and the parties to whom such payments were made; (xx) for each Loan Group, the amount of Recovery; (xxi) any Ratio Strip Deferred Amounts for such material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments since the previous Distribution Date; (xvxxii) unless such information is set forth in the Form 10-D relating to such Distribution Date and provided the Securities Administrator is reasonably able to include such information on the statement, any material breaches of representations and warranties relating to the Mortgage Loans and any material breach of covenants hereunder; (xxiii) the Class 1-A-SES Notional Amount, number and aggregate principal balance of any Mortgage Loans repurchased by the Class 1-A-WIO Notional Amount, Depositor from the Class 2-SES Notional Amount, Trust since the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such previous Distribution Date; (xvixxiv) for each Loan Group, the Ancillary Income for such number and percentage (by aggregate Stated Principal Balance) of Mortgage Loans that were the subject of a Servicer Modification since the previous Distribution Date; (xxv) for each Loan Group, the number and percentage (by aggregate Cut-off Date Principal Balance) of Mortgage Loans that were the subject of a Servicer Modification since the Closing Date; (xxvi) for each Loan Group, the aggregate amount of principal forgiveness as a result of a Servicer Modification since the previous Distribution Date; (xxvii) for each Loan Group, the aggregate amount of principal forgiven in connection with any Servicer Modifications since the Closing Date; (xxviii) for each Loan Group, the percentage (by aggregate Stated Principal Balance) of Mortgage Loans that were the subject of a Servicer Modification within twelve months prior to the previous Distribution Date and are delinquent 60 days or more (averaged over the preceding six-month period); (xxix) for each Loan Group, a statement as to the delinquency status of Mortgage Loans that were the subject of a Servicer Modification since the Closing Date; (xxx) for each Loan Group, the date of the most recent Servicer Modification; and (xviixxxi) for each Loan Group, with respect to Mortgage Loans that were the Class SES Compensating subject of a Servicer Modification, the Mortgage Interest for Rate prior to such Distribution DateServicer Modification and the Mortgage Interest Rate subsequent to such Servicer Modification. (b) No later than each Distribution Date, the TrusteeSecurities Administrator, based upon information supplied to it on the Servicer's CertificatesCertificate, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (iiiii) and (ixiv) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denominationDenomination. On each Distribution Date, the Trustee Securities Administrator shall prepare and furnish make available to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the TrusteeSecurities Administrator, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee Securities Administrator will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the TrusteeSecurities Administrator's Internet website. The Trustee's Internet website shall , initially be located at "wwww.etrustee.net". The Securities Administrator will also make availa▇▇.▇▇▇▇▇▇ ▇▇ ▇▇.▇▇▇"e periodic reports the Securities Administrator prepares and files with the Securities and Exchange Commission, including distribution reports on Form 10-D, annual reports on Form 10-K, current reports on Form 8-K and amendments to these reports available through this website promptly (but no later than one Business Day) after they are filed with the Securities and Exchange Commission. Assistance in using the this website can be obtained by calling the Trustee's customer service desk Securities Administrator at (▇▇▇312) ▇▇▇904-▇▇▇▇4839. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk Securities Administrator and indicating such. The Trustee Securities Administrator shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (iiii), (iv) and (iiix) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in force. The Trustee Securities Administrator shall deliver to the Holders of Certificates any reports or information the Trustee Securities Administrator is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee Securities Administrator shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee Securities Administrator deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders Holder of the Residual Certificates Certificate for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders Holder of the Residual Certificates Certificate by the TrusteeSecurities Administrator), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee Securities Administrator in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee Securities Administrator periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time. For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined and reported based on the so-called "MBA" methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Monthly Payment due on a Due Date if such Monthly Payment is not made by the close of business on the Mortgage Loan's next succeeding Due Date, and a Mortgage Loan would be more than 30-days delinquent with respect to such Monthly Payment if such Monthly Payment were not made by the close of business on the Mortgage Loan's second succeeding Due Date.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Mortgage Securities Inc)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Loan Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO CertificatesLoan Group, the amount allocable to interest, the Class 1-A-8 Accrual Distribution Amount, the Class 1-A-11 Accrual Distribution Amount, the Class 1-A-20 Accrual Distribution Amount, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution distribution, and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage, the Total Senior Percentage, the Subordinate Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, bankruptcy as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip PO Deferred Amounts for such Distribution Date; (xv) the Class 1-AA-10 Notional Amount, the Class X-SES IO Notional Amount, the Class 1-AX-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES IO Notional Amount and the Class 32-WIO X-IO Notional Amount for such Distribution DateAmount; (xvi) the Ancillary Income for such Distribution DateYield Maintenance Agreement Payment received from the Counterparty and Yield Maintenance Amounts and Yield Maintenance Amount Shortfalls paid to the Class 1-A-9 Certificates; and (xvii) for each Loan Group, the Class SES Compensating Interest for such Distribution Dateamount of total Recoveries, the PO Recovery and the Non-PO Recovery. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's CertificatesCertificate, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ixii) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Mortgage Securities Mortgage Pass-Through Certificates Series 2005-10 Trust)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Loan Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class 15-IO, Class 30-IO, Class SES and Class WIO X-B Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and distribution, any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distributiondistribution and the Accrual Distribution Amount; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and Date, the Total Senior Percentage and the Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date Date; and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, bankruptcy as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Class A-PO Deferred Amounts for such Distribution Date; (xv) the Class 1-A-16 Notional Amount, the Class 15-A-IO Notional Amount, Class 30-IO Notional Amount, Class 1-30-IO Notional Amount, Class 2-30-IO Notional Amount, Class 15-IO Notional Amount, Class 3-15-IO Notional Amount, Class 4-15-IO Notional Amount, Class SES Notional Amount, Class 1-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount, Class 4-SES Notional Amount and the Class 35-WIO SES Notional Amount for such Distribution DateAmount; (xvi) the Ancillary Income for each Class SES Component for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date.; (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's CertificatesCertificate, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ixii) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Mort Sec Inc Mort Ps THR Certs Ser 2004-1)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Loan Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Loan Group and the Class SES and Class WIO Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date Date; and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, bankruptcy as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Class PO Deferred Amounts for such Distribution Date; (xv) the Class 1-ACB-SES WIO Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-A-WIO Notional Amount, Class 1-CB-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 31-SES Notional Amount and the Class 32-WIO SES Notional Amount for such Distribution Date; (xvi) the Ancillary Income for each Class SES Component for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i), (ii) and (iivii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders Holder of the Residual Certificates Certificate for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders Holder of the Residual Certificates Certificate by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each the REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each the REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Alternative Loan Trust Series 2003 7)

Statements to Certificateholders. (a) Prior to the On each Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01Date, the Trustee shall determine include with each distribution to each Class A Certificateholder, and, if the following Class B Certificateholder is not the Seller or any Person controlling, controlled by or under the common control with the Seller, to the Class B Certificateholder, a statement (which statement shall also be provided to each rating agency then rating such Certificates) based on information with respect in the Servicer's Certificate furnished pursuant to Section 4.09, setting forth for the Collection Period relating to such Distribution DateDate the following information: (i) for each Group, the amount of such distribution allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount of such distribution allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of such distribution allocable to the shortfall and the allocation thereof as between principal and interestYield Supplement Amount; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to amount on deposit in the distribution of principal on such Distribution DateYield Supplement Reserve Account; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding related Collection Period; (vi) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the Class A Certificateholder's or the Class B Certificateholder's Class A Percentage or Class B Percentage, as the case may be, of the Servicing Fees, the amount of any unpaid Servicing Fees and the change in such amount from that of the prior Distribution Date and any additional servicing compensation paid to the Servicer with respect to the related Collection Period, if any; (vii) the amount of the Class A Interest Carryover Shortfall and the Class A Principal Carryover Shortfall (and the Class B Interest Carryover Shortfall and the Class B Principal Carryover Shortfall, as the case may be), if any, on such Distribution Date and the change in such amounts from the preceding Distribution Date; (Cviii) in bankruptcythe Class A Certificate Balance, the Class A Certificate Factor, the Class A Pool Factor and Class B Certificate Balance as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiix) for each Loan Group, with respect the amounts otherwise distributable to any Mortgage Loan the Class B Certificateholders that became an REO Property during are distributed to Class A Certificateholders and/or deposited in the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business Class A Subordination Spread Account on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiiix) for each Groupf or so long as there is a related Custody and Pledge Agreement in existence, the Senior Prepayment Percentage and balance of the Subordinate Prepayment Percentage for Class A Subordination Spread Account or the following Distribution Date; (xiv) for each Loan GroupClass B Subordination Spread Account, as the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Groupcase may be, any Ratio Strip Deferred Amounts for on such Distribution Date; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for after giving effect to distributions made on such Distribution Date; (xvi) , and the Ancillary Income for change in such balance from the preceding Distribution Date; and (xviixi) the Class SES Compensating Interest for amount of Advances made in respect of the related Collection Period and the amount of the unreimbursed Advances on such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information Each amount set forth in Section 5.04(a). In the case of information furnished pursuant to clauses subclauses (i), (ii), (vi) and (ixvii) of Section 5.04(a), the amounts above shall be expressed in the aggregate and as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Dateof original principal balance of a Class A Certificate or Class B Certificate, as the Trustee shall prepare and furnish to each Financial Market Service, in electronic or case may be. (c) Copies of such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can statements may be obtained by calling Certificate Owners from the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have Trustee by a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchrequest in writing. The Trustee shall have provide such copies promptly after such requests. (d) Within the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable prescribed period of time for tax reporting purposes after the end of each calendar yearyear during the term of the Agreement, but not later than the latest date permitted by law, the Trustee shall furnish mail to each Person who at any time during the such calendar year was the Holder shall have been a holder of a CertificateClass A Certificate or a holder of a Class B Certificate (other than the Seller or any Person controlling, if requested in writing controlled by such Person, or under common control with the Seller) a statement containing the information sum of the amounts or the amount as of the end of such calendar year, as the case may be, set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and ), (iii), (v), (vi) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.and

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Nissan Auto Receivables Corp /De)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided a. The Servicer shall prepare and furnish to the Trustee the statements specified below relating to the Class A-1 Certificates, Class M-1 Certificates, Class B-1 Certificates, Class B-2 Certificates and Class B-3I Certificates on or before the third Business Day next preceding each Remittance Date. The Trustee and the Servicer shall inform any Certificateholder or ▇▇▇▇▇▇▇ ▇▇▇▇▇ & Co., ▇▇▇▇▇▇▇ Lynch, ▇▇▇▇▇▇, ▇▇▇▇▇▇ & ▇▇▇▇▇ Incorporated, inquiring by telephone of the information contained in the most recent Monthly Report. b. Concurrently with each distribution charged to the Certificate Account the Trustee, so long as it has received the Monthly Report from the Servicer's Certificates delivered , shall forward or cause to be forwarded by mail to each Holder of a Class A-1 Certificate and (if the Trustee pursuant to Section 4.01, Company is not the Trustee shall determine Servicer) the following information with respect to such Distribution DateCompany a statement setting forth the following: (i) for each Group, the amount of such distribution to Holders of the Class A-1 Certificates allocable to interest, separately identifying any Unpaid Class A Interest Shortfall included in such distribution and any remaining Unpaid Class A Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of the Class A-1 Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Unpaid Class Unpaid Interest Shortfall or Component Unpaid Interest A Principal Shortfall after giving effect to such distribution; (iii) the amount, if any, by which the distribution to Class A Formula Distribution Amount for such Remittance Date exceeds the Holders of Class A Distribution Amount for such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interestRemittance Date; (iv) the Class Certificate Principal Balance of each for the Class of Certificates A-1 Certificates, after giving effect to the distribution of principal on such Distribution Remittance Date; (v) the Class A Percentage for each Loan Group, the Pool Stated Principal Balance for such Remittance Date and the following Distribution Remittance Date; (vi) the Pool Scheduled Principal Balance of the Contracts for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution such Remittance Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution DatePool Factor; (viii) the Passnumber and aggregate principal balances of Contracts delinquent (a) 30-Through Rate for each such Class of Certificates 59 days and (b) 60 or Component) with respect to such Distribution Datemore days; (ix) for each Loan Group, the amount number of Periodic Advances included in Manufactured Homes that were repossessed during the distribution on month ending immediately prior to such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Remittance Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans Manufactured Homes that were repossessed but remain in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, inventory as of the close of business on the last day of the calendar month preceding related Due Period ending immediately prior to such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Remittance Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan Class M-1 Distribution Test (as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereofset forth in Exhibit N hereto); (xii) for each Loan Group, the total number and principal balance of any REO Properties Class B Distribution Test (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Dateset forth in Exhibit N hereto); (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution DateWeighted Average Contract Rate of all outstanding Contracts; (xiv) for each Loan Groupthe Class M-1 Interest Deficiency Amount, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Groupif any, any Ratio Strip Deferred Amounts for such Distribution Remittance Date;; and (xv) the Class 1-A-SES Notional B-1 Interest Deficiency Amount, the Class 1-A-WIO Notional Amountif any, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Remittance Date; (xvi) the Ancillary Income for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), ) through (iiiv) and (ix) of Section 5.04(a)above, the amounts shall be expressed as a dollar amount per Class A-1 Certificate with a 1% Percentage Interest or per $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changesdenomination of Class A-1 Certificate. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, Class A-1 Certificate a statement containing the information set forth in clauses (i) with respect to interest accrued and (ii) of Section 5.04(a), in each case aggregated for principal paid on its Certificates during such calendar year or applicable portion thereof during which such Person was a Certificateholderyear. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code. c. On each Remittance Date, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, forward or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information cause to be reported forwarded by mail to the Holders each Holder of a Class M-1 Certificate a copy of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be Monthly Report forwarded to the Holders of the Residual Class A-1 Certificates by on such Remittance Date. The Servicer shall also furnish to the Trustee), which shall forward such report to the Class M-1 Certificateholders as part of the Monthly Report, the following information: (i) the amount of such distribution to Holders of Class M-1 Certificates allocable to interest, separately identifying any Unpaid Class M-1 Interest Shortfall included in such distribution, any remaining Unpaid Class M-1 Interest Shortfall after giving effect to such distribution, any Class M-1 Liquidation Loss Interest Amount included in such distribution and any remaining unpaid Class M-1 Liquidation Loss Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of Class M-1 Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments included therein and any remaining Unpaid Class M-1 Principal Shortfall after giving effect to such distribution; (iii) the amount, if any, by which the Class M-1 Formula Distribution Amount for such Remittance Date exceeds the Amount Available less the Class A Distribution Amount for such Remittance Date; (iv) the Class M-1 Principal Balance and the Class M-1 Adjusted Principal Balance (if different) after giving effect to the distribution of principal on such Remittance Date; (v) the Class M-1 Percentage for such Remittance Date and the following Remittance Date; and (vi) the information described above in Section 6.05(b)(vi) through (xv). In the case of the information in clauses (i) through (iv) above, the amounts shall be expressed as a dollar amount per Class M-1 Certificate with a 1% Percentage Interest or per $1,000 denomination of Class M-1 Certificate. Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Class M-1 Certificate a statement containing the applicable distribution information provided pursuant to this Section aggregated for such calendar year or applicable portion thereof during which such Person was the Holder of a Class M-1 Certificate. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time enforced. d. On each Remittance Date, the Trustee shall forward or cause to be forwarded by mail to each Holder of a Class B-1 Certificate a copy of the Monthly Report forwarded to the Holders of Class A-1 and Class M-1 Certificates with respect on such Remittance Date. The Servicer shall also furnish to amounts the Trustee, which should be shall forward such report to the Class B-1 Certificateholders as part of the Monthly Report, the following information: (i) the amount of such distribution to Holders of Class B-1 Certificates allocable to interest, separately identifying any Unpaid Class B-1 Interest Shortfall included as interest and original issue discount in such Holders' gross income distribution, any remaining Unpaid Class B-1 Interest Shortfall after giving effect to such distribution, any Class B-1 Liquidation Loss Interest Amount included in such distribution and any remaining Unpaid Class B-1 Liquidation Loss Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of Class B-1 Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments included therein, and any remaining Unpaid Class B-1 Principal Shortfall after giving effect to such distribution; (iii) the amount, if any, by which the Class B-1 Formula Distribution Amount for such Remittance Date exceeds the Amount Available less the Class A Distribution Amount and M-1 Distribution Amount for such Remittance Date; (iv) the Class B-1 Principal Balance and the Class B-1 Adjusted Principal Balance (if different) after giving effect to the distribution of principal on such Remittance Date; (v) the Class B Percentage for such Remittance Date and the following Remittance Date; and (vi) the information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described above in Section 7701(a)(19)(C6.05(b)(vi) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values through (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to timexv).

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Green Tree Financial Corp)

Statements to Certificateholders. (a) Prior On or before two Business Days prior to each Payment Date, the Distribution Date Servicer shall prepare and, concurrently with each distribution to Certificateholders pursuant to Article VIII, the Trustee, in its capacity as Certificate Registrar and Paying Agent, shall cause to be delivered and mailed to each month, based upon Holder of a Class A Certificate and each Holder of a Class B Certificate at the information provided to the Trustee address appearing on the Servicer's Certificates delivered to Certificate Register a statement as of the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Daterelated Payment Date setting forth: (i) for each Group, the amount distributed on such date and allocable to principal, separately identifying principal of the aggregate amount of any Principal Prepayments Class A Certificates and Liquidation Proceeds included thereinthe Class B Certificates; (ii) for each Group the amount distributed on such date and allocable to interest on the Class A Certificates and the Class SES and Class WIO B Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall Class A and Class B Principal and Interest Carryover Shortfalls, if any, for such Payment Date and the allocation thereof as between principal change in the Class A and interestClass B Principal and Interest Carryover Shortfalls from the immediately preceding Payment Date; (iv) the amount otherwise distributable to the Class B Certificateholders that will be distributed to the Class A Certificateholders on such Payment Date; (v) the amount of the distributions described in (i) or (ii) above payable pursuant to a claim on the Reserve Fund or from any other source not constituting Available Funds and the amount remaining in the Reserve Fund after giving effect to all deposits and withdrawals from the Reserve Fund on such date; (vi) the amount of any Special Distribution to be made on such Payment Date; (vii) for each Payment Date during the Funding Period, the remaining Pre-Funded Amount; (viii) for each Payment Date to and including the Payment Date immediately following the end of the Funding Period, the Principal Balance and number of Subsequent Contracts conveyed to the Trust during the related Due Period; (ix) the remaining Class A Certificate Balance of each and Class of Certificates B Certificate Balance after giving effect to the distribution of principal (and Special Distribution, if any) to be made on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Payment Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, Pool Balance as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Daterelated Due Period; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date Class A Pool Factor and the date of acquisition thereofClass B Pool Factor immediately before and immediately after such Payment Date; (xii) for each Loan Groupthe amount of fees payable out of the Trust, separately identifying the Monthly Servicing Fee, the total number Back-up Servicer Fee and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution DateTrustee Fee; (xiii) for each Groupthe number and aggregate Principal Balance of Contracts delinquent 31-59 days, 60-89 days and 90 or more days, computed as of the Senior Prepayment Percentage and end of the Subordinate Prepayment Percentage for the following Distribution Daterelated Due Period; (xiv) for each Loan Groupthe number and aggregate Principal Balance of Contracts that became Liquidated Contracts during the immediately preceding Due Period, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts liquidation proceeds for such Distribution DateDue Period, the amount of liquidation expenses being deducted from liquidation proceeds for such Due Period, and the Net Liquidation Proceeds for such Due Period; (xv) the Class 1-A-SES Notional AmountLoss Ratio, the Class 1-A-WIO Notional AmountAverage Loss Ratio, the Class 2-SES Notional AmountCumulative Loss Ratio, the Class 2-WIO Notional AmountDefault Ratio, the Class 3-SES Notional Amount Average Default Ratio, Delinquency Ratio and the Class 3-WIO Notional Amount for Average Delinquency Ratio each as of such Distribution Payment Date; (xvi) the Ancillary Income for number of Contracts and the aggregate Principal Balance of such Distribution Contracts, as of the first day of the Due Period relating to such Payment Date and as of the end of such Payment Date (after giving effect to payments received during such Due Period and to any transfers of Subsequent Contracts to the Trust occurring on or prior to such Payment Date; and); (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, aggregate Principal Balance and number of Contracts that were repurchased by the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished Seller pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates 8.06 with respect to amounts which should be included as interest the related Due Period, identifying such Contracts and original issue discount in the Repurchase Price for such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the CodeContracts; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.and

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Eaglemark Inc)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided a. The Servicer shall prepare and furnish to the Trustee the statements specified below relating to the Class A Certificates, Class M-1 Certificates, Class M-2 Certificates, Class B-1 Certificates, Class B-2 Certificates and Class B-3I Certificates on or before the third Business Day next preceding each Remittance Date. The Trustee and the Servicer shall inform any Certificateholder or Underwriter inquiring by telephone of the information contained in the most recent Monthly Report. b. Concurrently with each distribution charged to the Certificate Account the Trustee, so long as it has received the Monthly Report from the Servicer's Certificates delivered , shall forward or cause to be forwarded by mail to each Holder of a Class A Certificate and (if the Trustee pursuant to Section 4.01, Company is not the Trustee shall determine Servicer) the following information with respect to such Distribution DateCompany a statement setting forth the following: (i) for each Group, the amount of such distribution to Holders of each Class of Class A Certificates allocable to interest, separately identifying any Unpaid Class A Interest Shortfall included in such distribution and any remaining Unpaid Class A Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of each Class of Class A Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Unpaid Class Unpaid Interest Shortfall or Component Unpaid Interest A Principal Shortfall after giving effect to such distribution; (iii) the amount, if any, by which the distribution to Class A Formula Distribution Amount for such Remittance Date exceeds the Holders of Class A Distribution Amount for such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interestRemittance Date; (iv) the Class Certificate Principal Balance of for each Class of Certificates Class A Certificates, after giving effect to the distribution of principal on such Distribution Remittance Date; (v) the Class A Percentage for each Loan Group, the Pool Stated Principal Balance for such Remittance Date and the following Distribution Remittance Date; (vi) the Pool Scheduled Principal Balance of the Contracts for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution such Remittance Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution DatePool Factor; (viii) the Passnumber and aggregate principal balances of Contracts delinquent (a) 30-Through Rate for each such Class of Certificates 59 days and (b) 60 or Component) with respect to such Distribution Datemore days; (ix) for each Loan Group, the amount number of Periodic Advances included in Manufactured Homes that were repossessed during the distribution on month ending immediately prior to such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Remittance Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans Manufactured Homes that were repossessed but remain in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, inventory as of the close of business on the last day of the calendar month preceding related Due Period ending immediately prior to such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Remittance Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan Class M-1 Distribution Test (as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereofset forth in Exhibit N hereto); (xii) for each Loan Group, the total number and principal balance of any REO Properties Class M-2 Distribution Test (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Dateset forth in Exhibit N hereto); (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Class B Distribution DateTest (as set forth in Exhibit N hereto); (xiv) for each Loan Group, the aggregate amount Weighted Average Contract Rate of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Dateall outstanding Contracts; (xv) the Class 1-A-SES Notional M-1 Interest Deficiency Amount, the Class 1-A-WIO Notional Amountif any, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Remittance Date; (xvi) the Ancillary Income Class M-2 Interest Deficiency Amount, if any, for such Distribution Remittance Date; and (xvii) the Class SES Compensating B-1 Interest Deficiency Amount, if any, for such Distribution Remittance Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), ) through (iiiv) and (ix) of Section 5.04(a)above, the amounts shall be expressed as a dollar amount per Class A Certificate with a 1% Percentage Interest or per $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changesdenomination of Class A Certificate. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, Class A Certificate a statement containing the information set forth in clauses (i) with respect to interest accrued and (ii) of Section 5.04(a), in each case aggregated for principal paid on its Certificates during such calendar year or applicable portion thereof during which such Person was a Certificateholderyear. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code. c. On each Remittance Date, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, forward or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information cause to be reported forwarded by mail to the Holders each Holder of a Class M-1 Certificate a copy of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be Monthly Report forwarded to the Holders of the Residual Class A Certificates by on such Remittance Date. The Servicer shall also furnish to the Trustee), which shall forward such report to the Class M-1 Certificateholders as part of the Monthly Report, the following information: (i) the amount of such distribution to Holders of Class M-1 Certificates allocable to interest, separately identifying any Unpaid Class M-1 Interest Shortfall included in such distribution, any remaining Unpaid Class M-1 Interest Shortfall after giving effect to such distribution, any Class M-1 Liquidation Loss Interest Amount included in such distribution and any remaining unpaid Class M-1 Liquidation Loss Interest Shortfall after giving effect to such distribution; (ii) information the amount of such distribution to be provided to the Holders of Class M-1 Certificates with respect allocable to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders principal, separately identifying the aggregate amount of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.Principal

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Green Tree Financial Corp)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee Securities Administrator on the Master Servicer's Certificates Certificate delivered to the Trustee Securities Administrator pursuant to Section 4.01, the Trustee Securities Administrator shall determine the following information with respect to such Distribution Date: (i) for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO CertificatesLoan Group, the amount allocable to interest, the Class 4-CE Distributable Amount, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) with respect to the Shifting Interest Certificates, if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for Loan Group 4, the Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Targeted Overcollateralization Amount as of such Distribution Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for such Distribution Date; (vi) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vivii) for with respect to each Shifting Interest Loan Group, the Senior Percentage for each Loan Group, and the Subordinate Percentage for the following Distribution Date and Date, the Total CB Crossed Loan Group Senior Percentage and Aggregate the CB Crossed Loan Group Subordinate Percentage for the following Distribution Date; (viiviii) the amount of the Servicing Fee paid to or retained by the each Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viiiix) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ixx) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (xxi) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xixii) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xiixiii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiiixiv) for each Shifting Interest Loan Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xivxv) the Notional Amount for each Class of Interest-Only Certificate for such Distribution Date; (xvi) the Accrued Certificate Interest in respect of each Class of Group 4 Certificates for such Distribution Date and any related Cap Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xvii) with respect to Loan Group 4, the Cap Carryover Amounts distributed on such Distribution Date, the amounts remaining after giving effect to distributions thereof on such Distribution Date, the amount of all Cap Carryover Amounts covered by withdrawals from the Reserve Account on such Distribution Date; (xviii) whether a Trigger Event has occurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Stated Principal Balance of Loan Group 4; (xix) the Available Funds; (xx) for each Loan Group, the aggregate amount of Realized Losses or Applied Realized Loss Amounts, as applicable, incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts Group for such Distribution DateDate separately identifying any reduction thereof due to the allocations of Realized Losses or Applied Realized Loss Amounts; (xvxxi) the Class 1-A-SES Notional Amountfor each Loan Group, the Class 1amount of Buy-A-WIO Notional AmountDown Funds, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount Recoveries and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution DateReimbursement Amounts. (b) No later than each Distribution Date, the TrusteeSecurities Administrator, based upon information supplied to it on the Master Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Master Servicer a statement setting forth the information set forth in Section 5.04(a5.06(a). In the case of information furnished pursuant to clauses (i), ) and (ii) and (ix) of Section 5.04(a5.06(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee Securities Administrator shall prepare and furnish make available to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the TrusteeSecurities Administrator, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a5.06(a) for such Distribution Date. The Trustee Securities Administrator will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the TrusteeSecurities Administrator's Internet website. The TrusteeSecurities Administrator's Internet website shall initially be located at "w▇▇www.ctslink.com.▇▇▇▇▇▇▇.▇▇▇". " Assistance in using the website can be obtained by calling the Trusteeca▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ities Administrator's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are unable to use the website are entitled to have a paper ▇▇ ▇▇▇▇ ▇ ▇▇▇er copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a5.06(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in force. The Trustee Securities Administrator shall deliver to the Holders of Certificates any reports or information the Trustee Securities Administrator is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee Securities Administrator shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee Securities Administrator deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the TrusteeSecurities Administrator), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee Securities Administrator in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee Securities Administrator periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Funding Corp. Mortgage Pass-Through Certificates Series 2004-C)

Statements to Certificateholders. (a) Prior to the On each Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01Date, the Trustee shall determine send to each Certificateholder, a copy of the following information with respect related Servicer's Certificate delivered on the related Determination Date pursuant to SECTION 4.9, setting forth for the Collection Period relating to such Distribution DateDate the following information: (i) for each Groupin the case of the Class A and Class B Certificateholders, the amount of such distribution allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and in the case of the Class SES A and Class WIO CertificatesB Certificateholders, the amount of such distribution allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of such distribution payable out of amounts withdrawn from the shortfall and Spread Account or pursuant to a claim on the allocation thereof as between principal and interestPolicy; (iv) the Class A Certificate Balance of each and the Class of Certificates B Certificate Balance, as applicable, (after giving effect to the distribution of principal distributions made on such Distribution Date); (v) for each Loan Group, the Pool Stated Principal Balance for amount of fees paid by the following Distribution DateTrust with respect to such Collection Period; (vi) for each Loan Groupthe amount of the Class A Interest Carryover Shortfall, the Senior Percentage Class A Principal Carryover Shortfall, Class B Interest Carryover Shortfall and the Subordinate Percentage for the following Class B Principal Carryover Shortfall, if any, on such Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for change in such amounts from those of the following prior Distribution Date; (vii) the amount Class A Certificate Factor, Class A Certificate Balance, Class B Certificate Factor and Class B Certificate Balance as of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Delinquency Ratio, Average Delinquency Ratio, Default Rate, Average Default Rate, Net Loss Rate and Average Net Loss Rate for each such Class of Certificates (or Component) with respect to such Distribution Determination Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding whether any Trigger Event has occurred as of the close of business on such Distribution Determination Date; (x) for each Loan Group, whether any Trigger Event that may have occurred as of a prior Determination Date is Deemed Cured (as defined in the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosureSpread Account Agreement), as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Determination Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became whether an REO Property during the preceding calendar month, the loan number and Stated Principal Balance Insurance Agreement Event of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof;Default has occurred; and (xii) for each Loan Group, the total number and principal balance of any REO Properties Pool Factor (and market value, if available) as of the close of business after giving effect to distributions made on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate ). Each amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses subclauses (i) (such amounts broken down by Class of Certificate), (ii) (such amounts broken down by Class of Certificate), (v) and (ixvi) of Section 5.04(a), the amounts above shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, of original principal balance of a Certificate of the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by related Class. (b) Within the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable prescribed period of time for tax reporting purposes after the end of each calendar yearyear during the term of this Agreement, the Trustee shall furnish mail, to each Person who at any time during the such calendar year was the Holder of shall have been a Certificate, if requested in writing by such PersonCertificateholder, a statement prepared by the Servicer containing the information sum of the amounts set forth in clauses (i), (ii), and (v) (separately indicating amounts in respect of the Class A Certificates and the Class B Certificates in the case of (i) and (ii)) and such other information, requested in writing by the Servicer, if any, as the Servicer determines is necessary to permit the Certificateholder to ascertain its share of Section 5.04(athe gross income and deductions of the Trust (exclusive of the Supplemental Servicing Fee), in each case aggregated for such calendar year or or, in the event such Person shall have been a Certificateholder during a portion of such calendar year, for the applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMICyear, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require for the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations purposes of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to timeCertificateholder's preparation of federal income tax returns.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Painewebber Asset Acceptance Corp)

Statements to Certificateholders. (a) Prior to On each Distribution Date, the Distribution Date in each month, based upon the information provided Servicer shall provide to the Trustee on the Servicer's Certificates delivered to for the Trustee pursuant to Section 4.01forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the Trustee shall determine form of Exhibit E setting forth at least the following information with respect as to such Distribution Dateeach Class of Certificates to the extent applicable: (i) for each Group, the amount of such distribution allocable to principal, separately identifying the aggregate amount principal of any Principal Prepayments and Liquidation Proceeds included thereineach class of Certificates; (ii) for each Group and the Class SES and Class WIO Certificates, the amount of such distribution allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distributioninterest of each class of Certificates; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding Collection Period; (iv) the Class A Certificate Balance and Class B Certificate Balance and the Class A Pool Factor and Class B Pool Factor after giving effect to all payments reported under clause (i) above on such date; (v) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period or Collection Periods, as the case may be; (vi) the amount of the Class A Principal Carryover Shortfall and Class A Interest Carryover Shortfall and Class B Principal Carryover Shortfall and Class B Interest Carryover Shortfall, as applicable, if any, on such Distribution Date and (C) the change in bankruptcythe Class A Principal Carryover Shortfall and Class A Interest Carryover Shortfall and Class B Principal Carryover Shortfall and Class B Interest Carryover Shortfall, as applicable, from the preceding Distribution Date; (vii) the amount of aggregate Realized Losses, if any, for the second preceding Collection Period; (viii) the aggregate Purchase Amounts for Receivables, if any, that were repurchased in such period; (ix) the amount otherwise distributable to the Class B Certificateholders that is distributed to Class A Certificateholders on such Distribution Date; (x) the balance of the close of business Reserve Account on the last day of the calendar month preceding such Distribution Date, after giving effect to deposits and withdrawals made on such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the aggregate Payahead Balance and the change in such balance from the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereofDate; (xii) for each Loan GroupDistribution Dates during the Funding Period (if any), the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date;remaining Pre-Funded Amount; and (xiii) for each Groupthe first Distribution Date that is on or immediately following the end of the Funding Period (if any), the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during any remaining Pre-Funded Amount that has not been used to fund the preceding calendar month purchase of Subsequent Receivables and for each Group, any Ratio Strip Deferred Amounts for such Distribution Date; (xv) is passed through as payments of principal of the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information . Each amount set forth in Section 5.04(a). In the case of information furnished pursuant to clauses subclauses (i), (ii) and (ix) of Section 5.04(a), the amounts (v) or (vi) above shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder original principal balance of a Class A or Class B Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to timeapplicable.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Ml Asset Backed Corp)

Statements to Certificateholders. (a) Prior to the On each Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01Date, the Trustee shall determine include with each distribution to each Class A Certificateholder and Class B Certificateholder, and, if the following Class C Certificateholder is not the Seller or an Affiliate of the Seller, to the Class C Certificateholder, a statement (which statement shall also be provided to each Rating Agency) based on information with respect in the Servicer's Certificate furnished pursuant to Section 4.09, setting forth for the Collection Period relating to such Distribution DateDate the following information: (i) for each Group, the amount of such distribution allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount of such distribution allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of such distribution allocable to the shortfall and the allocation thereof as between principal and interestYield Supplement Deposit; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to amount on deposit in the distribution of principal on such Distribution DateYield Supplement Account; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding related Collection Period; (vi) the amount of the Base Servicing Fee paid to the Servicer with respect to the related Collection Period, the Class A Certificateholder's, the Class B Certificateholder's, or the Class C Certificateholder's Class A Percentage, Class B Percentage, or Class C Percentage, as the case may be, of the Base Servicing Fees, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date; (vii) the amount of the Class A Interest Carryover Shortfall, the Class A Principal Carryover Shortfall, the Class B Interest Carryover Shortfall, the Class B Principal Carryover Shortfall, the Class C Interest Carryover Shortfall and the Class C Principal Carryover Shortfall, if any, on such Distribution Date and the change in such amounts from the preceding Distribution Date; (Cviii) in bankruptcythe Class A Certificate Balance, the Class A Certificate Factor, the Class A Pool Factor, the Class B Certificate Balance, the Class B Certificate Factor, the Class B Pool Factor and the Class C Certificate Balance as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiix) for each Loan Group, with respect the amounts otherwise distributable to any Mortgage Loan the Class B Certificateholders and Class C Certificateholders that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business are distributed to Class A Certificateholders on the Determination Date preceding such Distribution Date Date, and the date of acquisition thereof; (xii) for each Loan Group, amount otherwise distributable to the total number and principal balance of any REO Properties (and market value, if available) as of Class C Certificateholders that is distributed to the close of business Class B Certificateholders or deposited in the Subordination Spread Account on the Determination Date preceding such Distribution Date; (xiiix) for each Groupso long as the Custody and Pledge Agreement or a related agreement is in existence, the Senior Prepayment Percentage and balance of the Subordinate Prepayment Percentage for Subordination Spread Account, as the following Distribution Date; (xiv) for each Loan Groupcase may be, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for on such Distribution Date; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for after giving effect to distributions made on such Distribution Date; (xvi) , and the Ancillary Income for change in such balance from the preceding Distribution Date; and (xviixi) the Class SES Compensating Interest for amount of Advances made in respect of the related Collection Period and the amount of the unreimbursed Advances on such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder Copies of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can statements may be obtained by calling Certificate Owners from the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have Trustee by a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchrequest in writing. The Trustee shall have provide such copies promptly after such requests. (c) Within the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable prescribed period of time for tax reporting purposes after the end of each calendar yearyear during the term of this Agreement, but not later than the latest date permitted by law, the Trustee shall furnish make available with the Clearing Agency holding Book-Entry Certificates or, if Definitive Certificates have been issued, mail to each Person who at any time during the such calendar year was the Holder shall have been a holder of a Certificate, if requested in writing by such Person, Definitive Certificate (other than the Seller or any Affiliate of the Seller) a statement containing the information sum of the amounts or the amount as of the end of such calendar year, as the case may be, set forth in clauses (i), (ii), (iii), (v), (vi) and (iivii) of Section 5.04(a)5.08(a) above and such other information, in each case aggregated if any, as the Servicer determines is necessary to ascertain the Certificateholder's share of the gross income and deductions of the Trust (exclusive of the Supplemental Servicing Fee) or is otherwise necessary under applicable law for the preparation of the federal income tax returns by Certificateholders for such calendar year or or, if such Person shall have been a holder of a Certificate during a portion of such calendar year, for the applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMICyear, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require for the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations purposes of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to timeCertificateholder's preparation of federal income tax returns.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Nissan Auto Receivables Corp /De)

Statements to Certificateholders. (a) Prior to On each Distribution Date, the Distribution Date in each month, based upon the information provided Servicer shall provide to the Trustee on the Servicer's Certificates delivered to for the Trustee pursuant to Section 4.01forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the Trustee shall determine form of Exhibit D setting forth at least the following information with respect as to such Distribution Dateeach Class of Certificates to the extent applicable: (i) for each Group, the amount of such distribution allocable to principal, separately identifying the aggregate amount principal of any Principal Prepayments and Liquidation Proceeds included thereineach class of Certificates; (ii) for each Group and the Class SES and Class WIO Certificates, the amount of such distribution allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distributioninterest of each class of Certificates; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding Collection Period; (iv) the Class A Certificate Balance and Class B Certificate Balance and the Class A Pool Factor and Class B Pool Factor after giving effect to all payments reported under clause (i) above on such date; (v) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period or Collection Periods, as the case may be; (vi) the amount of the Class A Principal Carryover Shortfall and Class A Interest Carryover Shortfall and Class B Principal Carryover Shortfall and Class B Interest Carryover Shortfall, as applicable, if any, on such Distribution Date and (C) the change in bankruptcythe Class A Principal Carryover Shortfall and Class A Interest Carryover Shortfall and Class B Principal Carryover Shortfall and Class B Interest Carryover Shortfall, as applicable, from the preceding Distribution Date; (vii) the amount of aggregate Realized Losses, if any, for the second preceding Collection Period; (viii) the aggregate Purchase Amounts for Receivables, if any, that were purchased in such period; (ix) the amount otherwise distributable to the Class B Certificateholders that is distributed to Class A Certificateholders on such Distribution Date; (x) the balance of the close of business Reserve Account on the last day of the calendar month preceding such Distribution Date, after giving effect to deposits and withdrawals made on such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property Distribution Dates during the preceding calendar monthFunding Period (if any), the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof;remaining Pre-Funded Amount; and (xii) for each Loan Groupthe first Distribution Date that is on or immediately following the end of the Funding Period (if any), the total number and principal balance amount of any REO Properties (remaining Pre-Funded Amount that has not been [used to fund the purchase of Subsequent Receivables] [to make distributions to the Transferor] and market value, if available) is passed through as payments of principal of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate Certificates. Each amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses subclauses (i), (ii) and (ix) of Section 5.04(a), the amounts (v) or (vi) above shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder original principal balance of a Class A or Class B Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to timeapplicable.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Deutsche Recreational Asset Funding Corp)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee Securities Administrator on the Master Servicer's Certificates Certificate delivered to the Trustee Securities Administrator pursuant to Section 4.01, the Trustee Securities Administrator shall determine the following information with respect to such Distribution Date: (i) for each Loan Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO CertificatesLoan Group, the amount allocable to interest, any Class Unpaid Interest Shortfall or and Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or and Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates and Component Balance of each Component after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, (A) the Senior Percentage, the Senior Prepayment Percentage, the Subordinate Percentage and the Subordinate Prepayment Percentage for the following such Distribution Date and (B) the Total Senior Percentage, the Senior Prepayment Percentage, the Subordinate Percentage and Aggregate the Subordinate Prepayment Percentage for the following Distribution Date; (vii) the Senior Percentage for Loan Group 1, the Crossed Loan Group Senior Percentage, the Loan Group 1 Subordinate Percentage and the CB Crossed Loan Group Subordinate Percentage for such Distribution Date and for the following Distribution Date; (viii) the amount of the Servicing Fee paid to or retained by the each Servicer with respect to each Loan Group and such Distribution Date and, if applicable, and the amount of the Supplemental Master Servicing Fee payable paid to the Master Servicer with respect to such Distribution Date; (viiiix) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ixx) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (xxi) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xixii) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xiixiii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Datemonth; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount for each Class of Interest Only Certificates and the Class 3-WIO Notional Amount for each Interest Only Component for such Distribution Date; (xvi) the Ancillary Income for Cap Carryover Amounts distributed on such Distribution Date and the Cap Carryover Amounts remaining after giving effect to distributions thereof on such Distribution Date; and; (xvii) the amount of Net Deferred Interest added to the Class SES Compensating Interest Certificate Balance of any Class of Certificates or the Component Balance of any Component; (xviii) for such Distribution Dateeach Loan Group, the Reimbursement Amount; and (xix) for each Loan Group, the amount of Recoveries. (b) No later than each Distribution Date, the TrusteeSecurities Administrator, based upon information supplied to it on the Master Servicer's CertificatesCertificate, shall make available to each Holder of a Certificate, each Rating Agency and the Master Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ixii) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee Securities Administrator shall prepare and furnish make available to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the TrusteeSecurities Administrator, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee Securities Administrator will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the TrusteeSecurities Administrator's Internet website. The TrusteeSecurities Administrator's Internet website shall initially be located at "w▇▇www.ctslink.com.▇▇▇▇▇▇▇.▇▇▇". " Assistance in using the website can be obtained by calling the Trusteeca▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ities Administrator's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are unable to use the website are entitled to have a paper ▇▇ ▇▇▇▇ ▇ ▇▇▇er copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in force. The Trustee Securities Administrator shall deliver to the Holders of Certificates any reports or information the Trustee Securities Administrator is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee Securities Administrator shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee Securities Administrator deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders Holder of the Residual Certificates Certificate for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders Holder of the Residual Certificates Certificate by the TrusteeSecurities Administrator), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee Securities Administrator in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee Securities Administrator periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Funding Corp. 2005-F Trust)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee Securities Administrator on the Master Servicer's Certificates delivered to the Trustee Securities Administrator pursuant to Section 4.01, the Trustee Securities Administrator shall determine the following information with respect to such Distribution Date: (i) for each Loan Group, the amount allocable to principal, separately identifying the aggregate amount of any Payoffs, Curtailments, Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO CertificatesLoan Group, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, (A) the Senior Percentage, the Senior Prepayment Percentage, the Subordinate Percentage and the Subordinate Prepayment Percentage for the following such Distribution Date and (B) the Total Senior Percentage, the Senior Prepayment Percentage, the Subordinate Percentage and Aggregate the Subordinate Prepayment Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the each Servicer with respect to each Loan Group and such Distribution Date and, if applicable, Date; (viii) the amount of the Supplemental WMMSC Master Servicing Fee payable paid to the WMMSC Master Servicer with respect to each Loan Group and such Distribution Date; (viiiix) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ixx) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (xxi) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xixii) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xiixiii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Datemonth; (xv) the Class 1-A-SES Notional Amountfor each Loan Group, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount amount of WF Master Serviced Loan Reimbursement Amounts and the Class 3-WIO Notional Amount for such Distribution Date;WMMSC Master Serviced Loan Reimbursement Amounts; and (xvi) for each Loan Group, the Ancillary Income for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Dateamount of Recoveries. (b) No later than each Distribution Date, the TrusteeSecurities Administrator, based upon information supplied to it on the Master Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer Master Servicers a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ixii) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee Securities Administrator shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the TrusteeSecurities Administrator, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee Securities Administrator will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the TrusteeSecurities Administrator's Internet website. The TrusteeSecurities Administrator's Internet website shall initially be located at "w▇▇www.ctslink.com.▇▇▇▇▇▇▇.▇▇▇". " Assistance in using the website can be obtained by calling the Trusteeca▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ities Administrator's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are unable to use the website are entitled to have a paper ▇▇ ▇▇▇▇ ▇ ▇▇▇er copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in force. The Trustee Securities Administrator shall deliver to the Holders of Certificates any reports or information the Trustee Securities Administrator is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee Securities Administrator shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee Securities Administrator deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the TrusteeSecurities Administrator), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee Securities Administrator in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee Securities Administrator periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Funding Corp. Mortgage Pass-Through Certificates Series 2004-D)

Statements to Certificateholders. (a) Prior Concurrently with each -------------------------------- distribution to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01Investor Certificateholders, the Trustee shall determine forward to each Investor Certificateholder, the following information Servicer and each Rating Agency a statement prepared by the Servicer pursuant to Section 4.01 with respect to such Distribution Datedistribution setting forth: (i) the Investor Floating Allocation Percentage for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included thereinpreceding Collection Period; (ii) for each Group the Class A Certificate Distribution Amount; (iii) the amount of Class A Certificate Interest in such distribution, the related Class A Certificate Rate and the Class SES and S Certificate Interest; (iv) the amount, if any, of any Unpaid Class WIO Certificates, the amount allocable to interest, any Class Unpaid A Certificate Interest Shortfall or Component any Unpaid Class S Certificate Interest Shortfall included and any Deferred Interest in such distribution and any distribution; (v) the amount, if any, of the remaining Unpaid Class Unpaid Interest Shortfall or Component Unpaid A Certificate Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (ivvi) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution amount, if any, of principal on in such Distribution Date; (v) for each Loan Groupdistribution, separately stating the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Datecomponents thereof; (vii) the amount amount, if any, of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and reimbursement of previous Investor Loss Reduction Amounts in such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Datedistribution; (viii) the Pass-Through Rate for each amount, if any, of the aggregate of unreimbursed Investor Loss Reduction Amounts after giving effect to such Class distribution and the amount, if any, of Certificates (or Component) Liquidation Loss Amounts with respect to such Distribution Datethe related Collection Period; (ix) the Servicing Fee for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Groupthe Invested Amount, the number Class A Certificate Principal Balance and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 the Pool Factor, each after giving effect to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Datedistribution; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Pool Balance of such Mortgage Loan as of the close end of business on the Determination Date preceding such Distribution Date and the date of acquisition thereofCollection Period; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market valueCredit Enhancement Draw Amount, if available) as of the close of business on the Determination Date preceding such Distribution Dateany; (xiii) the number and aggregate Asset Balances of Mortgage Loans as to which the Minimum Monthly Payment is delinquent for each Group30-59 days, 60-89 days and 90 or more days, respectively, as of the Senior Prepayment Percentage and end of the Subordinate Prepayment Percentage for the following Distribution Datepreceding Collection Period; (xiv) for each Loan Group, the aggregate amount book value (within the meaning of Realized Losses incurred during the preceding calendar month and for each Group, 12 C.F.R. (S) 571.13 or comparable provision) of any Ratio Strip Deferred Amounts for such Distribution Datereal estate acquired through foreclosure or grant of a deed in lieu of foreclosure; (xv) the Class 1-A-SES Notional Amount, A Certificate Rate applicable to the Class 1-A-WIO Notional Amount, distribution on the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such following Distribution Date; (xvi) the Ancillary Income number and principal balances of any Mortgage Loans retransferred to the Transferor pursuant to (a) Section 2.02, (b) Section 2.04 and (c) Section 2.06; (xvii) the amount of Transferor Available Funds, if any, included in such distribution; (xviii) the amount of any losses allocated against the Transferor Subordinated Amount on such Distribution Date and the Transferor Subordinated Amount for such the following Distribution Date; and (xviixix) the Class SES Compensating Interest for amount, if any, on deposit in the Spread Account and the amount, if any, transferred from the Spread Account in respect of such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (iii), (iiiii) in respect of Class A Certificate Interest, (iv) and (ixviii) of Section 5.04(a)above, the amounts shall be expressed as a dollar amount per Investor Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time 60 days after the end of each calendar year, the Servicer shall prepare or cause to be prepared and shall forward to the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (iiii) and (iivi) of Section 5.04(a), in each case above aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholderyear. Such obligation of the Trustee Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee Servicer or a Paying Agent pursuant to any requirements of the Code as from time to time in forceCode. The Trustee shall deliver prepare or cause to be prepared (in a manner consistent with the Holders treatment of the Class A Certificates any reports or information as indebtedness of the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephoneTransferor, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is otherwise required by the Code, Treasury Regulations, Section 3.15) Internal Revenue Service Form 1099 (or any successor form) and the REMIC Provisions including, but not limited to, (i) information any other tax forms required to be reported filed or furnished to the Holders Certificateholders in respect of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected distributions by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of (or the Code, Paying Agent) on the Class A Certificates and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of shall file and distribute such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently forms as required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to timeby law.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Financial Asset Securities Corp)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.014.01 and with respect to subsections (xx) and (xxi) below, after consultation with the Depositor, the Trustee shall determine the following information with respect to such Distribution Date: (i) the date of such Distribution Date and the Determination Date for such Distribution Date; (ii) for each Class, the applicable Record Date and Interest Accrual Period; (iii) for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (iiiv) for each Group and the Class SES and Class WIO CertificatesGroup, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iiiv) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (ivvi) the Class Certificate Balance of each Class of Certificates prior to and after giving effect to the distribution of principal on such Distribution Date; (vvii) for each Loan Cashflow Group, the Pool Stated Principal Balance for the following such Distribution Date; (viviii) for each Loan Cashflow Group, the Senior Percentage and the Subordinate Percentage for the following such Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following such Distribution Date; (viiix) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viiix) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ixxi) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and Date, the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date and the amount of Periodic Advances reimbursed since the previous Distribution Date; (xxii) the number and aggregate Stated Principal Balance of the Mortgage Loans, the ranges of Mortgage Interest Rates for the Mortgage Loans, separated by 0.25%, the weighted average remaining term to maturity of the Mortgage Loans and the cumulative amount of Principal Prepayments, each Loan Group, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiii) the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 in 30-day increments until foreclosure or more daysother disposition, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, bankruptcy as of the close of business on the last day of the calendar month preceding such Distribution Date; (xixiv) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xiixv) for each Loan Group, the total number and principal balance of any REO Properties Property relating to a Mortgage Loan (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiiixvi) for each Cashflow Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following such Distribution Date; (xivxvii) for each Loan Cashflow Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip PO Deferred Amounts for such Distribution Date; (xvxviii) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES A-7 Notional Amount, the Class 2-WIO A-9 Notional Amount, the Class 3-SES A-1 Notional Amount and the Class 3-WIO IO Notional Amount Amount; (xix) any expenses or indemnification amounts paid by the Trust, the specific purpose of each payment and the parties to whom such payments were made; (xx) for such each Cashflow Group, the amount of total Recoveries, the PO Recovery and the Non-PO Recovery; (xxi) any material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments since the previous Distribution Date; (xvixxii) unless such information is set forth in the Form 10-D relating to such Distribution Date and provided the Trustee is reasonably able to include such information on the statement, any material breaches of representations and warranties relating to the Mortgage Loans and any material breach of covenants hereunder; (xxiii) the Ancillary Income for such number and aggregate principal balance of any Mortgage Loans repurchased by the Depositor from the Trust since the previous Distribution Date; and (xviixxiv) the Yield Maintenance Agreement Payment received from the Counterparty and paid to the Class SES Compensating Interest for such Distribution Date2-A-6 Certificates. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's CertificatesCertificate, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (iiiii) and (ixiv) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denominationDenomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall , initially be located at "w▇▇.www.ctslink.com". The Trustee will also make available copies of the ▇▇▇▇▇▇▇.▇▇▇"▇▇▇s the Trustee prepares and files with the Securities and Exchange Commission, including distribution reports on Form 10-D, annual reports on Form 10-K, current reports on Form 8-K and amendments to these reports available through this website promptly (but no later than one Business Day) after they are filed with the Securities and Exchange Commission. Assistance in using the this website can be obtained by calling the Trustee's customer service desk at (▇▇▇866) ▇▇▇846-▇▇▇▇4526. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (iiii), (iv) and (iiix) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders Holder of the Residual Certificates Certificate for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders Holder of the Residual Certificates Certificate by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time. For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined and reported based on the so-called "MBA" methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Monthly Payment due on a Due Date if such Monthly Payment is not made by the close of business on the Mortgage Loan's next succeeding Due Date, and a Mortgage Loan would be more than 30-days delinquent with respect to such Monthly Payment if such Monthly Payment were not made by the close of business on the Mortgage Loan's second succeeding Due Date.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Alternative Loan Trust 2007-2)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Loan Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO CertificatesLoan Group, the amount allocable to interest, the Class 1-A-8 Accrual Distribution Amount, the Class 1-A-9 Accrual Distribution Amount, the Class 1-A-11 Accrual Distribution Amount, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution distribution, and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage, the Total Senior Percentage, the Subordinate Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, bankruptcy as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Class PO Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES A-4 Notional Amount, the Class 1-A-WIO A-5 Notional Amount, the Class 215-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES IO Notional Amount and the Class 330-WIO IO Notional Amount for such Distribution DateAmount; (xvi) for each Loan Group, the Ancillary Income amount of total Recoveries, the PO Recovery and the Non-PO Recovery; (a) the Deficiency Amount, if any, for such Distribution Date and (b) amounts, if any, in respect of the Deficiency Amount paid under the Policy; (xviii) the amount remaining in the Reserve Fund after taking into account the Reserve Withdrawal, if any, for such Distribution Date; and (xviixix) the Class SES Compensating Interest Rounding Amount, if any, for such Distribution Date and the amount applied to repay such Rounding Amount withdrawn on the prior Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's CertificatesCertificate, shall make available to Assured Guaranty, each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ixii) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Mortgage Securities Mortgage Pass-Through Certificates Series 2005-2 Trust)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO CertificatesGroup, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance and Pool Principal Balance (Non-Ratio Strip Portion) for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcyforeclosure) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, days and (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Loan Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date;; and (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any or the Ratio Strip Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available prepare and deliver (by mail, fax or electronically) to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ix) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will may make available each month, to any interested party, the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i), (ii) and (iivii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders Holder of the Residual Certificates Certificate for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders Holder of the Residual Certificates Certificate by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each the REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each the REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bank of America Mortgage Securities Inc M Pa Th Ce Se 2002-H)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Loan Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO 30-IO Certificates, the amount allocable to interest, the Class 1-A-3 Accrual Distribution Amount, the Class 1-A-9 Accrual Distribution Amount, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and distribution, any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distributiondistribution and the Accrual Distribution Amount; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, bankruptcy as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Class A-PO Deferred Amounts for such Distribution Date; (xv) the Class 130-A-SES IO Notional Amount, the Class 1-A30-WIO IO Notional Amount, the Amount and Class 2-SES 30-IO Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date;; and (xvi) for each Loan Group, the Ancillary Income for such Distribution Date; and (xvii) amount of total Recoveries, the Class SES Compensating Interest for such Distribution Date.A-PO Recovery and the Non-PO Recovery; (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's CertificatesCertificate, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ixii) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Mortgage Securities Mortgage Pass-Through Certificates Series 2004-6)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Loan Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES 15-IO, Class 30-IO, Class 30-B, Class X-B and Class WIO 15-B Certificates, the amount allocable to interest, the Class 5-A-11 Accrual Distribution Amount, the 5-A-13 Accrual Distribution Amount, the Class 5-A-14 Accrual Distribution Amount, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution distribution, and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date Date, the 30 Year Crossed Total Senior Percentage, the California Crossed Total Senior Percentage, the 15 Year Crossed Total Senior Percentage, the 30 Year Crossed Aggregate Subordinate Percentage, the California Aggregate Subordinate Percentage and the Total Senior Percentage and 15 Year Crossed Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, bankruptcy as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip PO Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES A-12 Notional Amount, the Class 15-A-WIO A-7 Notional Amount, the Class 25-SES A-15 Notional Amount, the Class 215-WIO IO Notional Amount, Class 30-IO Notional Amount, Class 1-30-IO Notional Amount, Class 2-30-IO Notional Amount, Class 3-15-IO Notional Amount, Class 4-15-IO Notional Amount, Class 5-30-IO Notional Amount, Class 6-15-IO Notional Amount and Class 7-15-IO Notional Amount; (xvi) for each Loan Group, the amount of total Recoveries, the PO Recovery and the Non-PO Recovery; for Loan Group 3, the amount of the PO Recovery for Loan Group 3 allocated to the Class 3-SES Notional Amount 15-PO Component and the Class 3-WIO Notional Amount X-PO Component; for Loan Group 4, the amount of the PO Recovery for Loan Group 4 allocated to the Class 4-15-PO Component and the Class 4-X-PO Component; for Loan Group 6, the amount of the PO Recovery for Loan Group 6 allocated to the Class 6-15-PO Component and the Class 6-X-PO Component; and for Loan Group 7, the amount of the PO Recovery for Loan Group 7 allocated to the Class 7-15-PO Component and the Class 7-X-PO Component.; (xvii) in the case of the Class 5-A-16 Certificates, (a) the Deficiency Amount, if any, for such Distribution DateDate and (b) amounts, if any, in respect of the Deficiency Amount paid under the Policy; (xvixviii) in the Ancillary Income case of the Class 5-A-16 Certificates, the amount remaining in the Reserve Fund after taking into account the Reserve Withdrawal, if any, for such Distribution Date and the amount of the Reserve Withdrawal allocated to the Class 5-A-15 Certificates; (xix) in the case of the Class 1-A-11 Certificates, the applicable Rounding Amount, if any, for such Distribution Date and the amount applied to repay such Rounding Amount withdrawn for such Class on the prior Distribution Date; and (xviixx) in the case of the Class SES Compensating Interest 5-A-16 Certificates, the applicable Rounding Amount, if any, for such Distribution Date and the amount applied to repay such Rounding Amount withdrawn for such Class on the prior Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's CertificatesCertificate, shall make available to MBIA, each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ixii) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Mortgage Securities Mortgage Pass-Through Certificates Series 2004-7)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided a. The Servicer shall prepare and furnish to the Trustee the statements specified below relating to the Class A Certificates, Class M-1 Certificates, Class M-2 Certificates, Class B-1 Certificates, Class B-2 Certificates and Class B-3I Certificates on or before the third Business Day next preceding each Remittance Date. The Trustee and the Servicer shall inform any Certificateholder or any Underwriter inquiring by telephone of the information contained in the most recent Monthly Report. b. Concurrently with each distribution charged to the Certificate Account the Trustee, so long as it has received the Monthly Report from the Servicer's Certificates delivered , shall forward or cause to be forwarded by mail to each Holder of a Class A Certificate and (if the Trustee pursuant to Section 4.01, Originator is not the Trustee shall determine Servicer) the following information with respect to such Distribution DateOriginator a statement setting forth the following: (i) for each Group, the amount of such distribution to Holders of each Class of Class A Certificates allocable to interest, separately identifying any Unpaid Class A Interest Shortfall included in such distribution and any remaining Unpaid Class A Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of each Class of Class A Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Unpaid Class Unpaid Interest Shortfall or Component Unpaid Interest A Principal Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Principal Balance of for each Class of Class A Certificates and the Class A-IO Notional Principal Amount, after giving effect to the distribution of principal on such Distribution Remittance Date; (iv) the Class A Percentage for such Remittance Date and the following Remittance Date; (v) for each Loan Group, the Pool Stated Scheduled Principal Balance of the Contracts for the following Distribution such Remittance Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution DatePool Factor; (vii) the amount number and aggregate principal balances of the Servicing Fee paid to Contracts delinquent (a) 30-59 days and (b) 60 or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Datemore days; (viii) the Pass-Through Rate for each such Class number of Certificates (or Component) with respect Manufactured Homes that were repossessed during the month ending immediately prior to such Distribution Remittance Date, the number of repossessed Manufactured Homes that remain in inventory as of the last day of the related Due Period and repossessed Manufactured Homes purchased by the Originator or a subsidiary of the Originator from the Trust (during the related Due Period and cumulatively) by number of Contracts, aggregate Scheduled Principal Balance of such Contracts and aggregate purchase price; (ix) for each Loan Group, number of Contracts and aggregate Scheduled Principal Balance of Contracts extended or otherwise amended during the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Due Period preceding current Remittance Date;. (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans Class M-1 Distribution Test (A) delinquent (exclusive of Mortgage Loans as set forth in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution DateExhibit N hereto); (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan Class M-2 Distribution Test (as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereofset forth in Exhibit N hereto); (xii) for each Loan Group, the total number and principal balance of any REO Properties Class B Distribution Test (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Dateset forth in Exhibit N hereto); (xiii) for each Group, the Senior Prepayment Percentage Weighted Average Contract Rate and the Subordinate Prepayment Percentage for the following Distribution DateAdjusted Weighted Average Contract Rate; (xiv) for each Loan Groupthe Class M-1 Interest Deficiency Amount, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Groupif any, any Ratio Strip Deferred Amounts for such Distribution Remittance Date; (xv) the Class 1-A-SES Notional M-2 Interest Deficiency Amount, the Class 1-A-WIO Notional Amountif any, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Remittance Date; (xvi) the Ancillary Income Class B-1 Interest Deficiency Amount, if any, for such Distribution Remittance Date; (xvii) the Overcollateralization Amount, if any, for such Remittance Date; and (xviixviii) the Class SES Compensating Interest for Additional Principal Distribution Amount, if any, to be distributed on such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied Remittance Date pursuant to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a8.03(a)(12). In the case of information furnished pursuant to clauses (i), ) through (iiiii) and (ix) of Section 5.04(a)above, the amounts shall be expressed as a dollar amount per Class A Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, Class A Certificate a statement containing the information set forth in clauses (i) with respect to interest accrued and (ii) of Section 5.04(a), in each case aggregated for principal paid on its Certificates during such calendar year or applicable portion thereof during which such Person was a Certificateholderyear. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code. c. On each Remittance Date, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, forward or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information cause to be reported forwarded by mail to the Holders each Holder of a Class M-1 Certificate a copy of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be Monthly Report forwarded to the Holders of the Residual Class A Certificates by on such Remittance Date. The Servicer shall also furnish to the Trustee), which shall forward such report to the Class M-1 Certificateholders as part of the Monthly Report, the following information: (i) the amount of such distribution to Holders of Class M-1 Certificates allocable to interest, separately identifying any Unpaid Class M-1 Interest Shortfall included in such distribution, any remaining Unpaid Class M-1 Interest Shortfall after giving effect to such distribution, any Class M-1 Liquidation Loss Interest Amount included in such distribution and any remaining unpaid Class M-1 Liquidation Loss Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of Class M-1 Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments included therein and any remaining Unpaid Class M-1 Principal Shortfall after giving effect to such distribution; (iii) the Class M-1 Principal Balance and the Class M-1 Adjusted Principal Balance (if different) after giving effect to the distribution of principal on such Remittance Date; (iv) the Class M-1 Percentage for such Remittance Date and the following Remittance Date; and (v) the information described above in Section 6.05(b)(v) through (xviii). In the case of the information in clauses (i) through (iii) above, the amounts shall be expressed as a dollar amount per Class M-1 Certificate with a $1,000 denomination. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Class M-1 Certificate a statement containing the applicable distribution information provided pursuant to this Section aggregated for such calendar year or applicable portion thereof during which such Person was the Holder of a Class M-1 Certificate. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time enforced. d. On each Remittance Date, the Trustee shall forward or cause to be forwarded by mail to each Holder of a Class M-2 Certificate a copy of the Monthly Report forwarded to the Holders of Class A Certificates with respect and Class M-1 Certificates on such Remittance Date. The Servicer shall also furnish to amounts the Trustee, which should be shall forward such report to the Class M-2 Certificateholders as part of the Monthly Report, the following information: (i) the amount of such distribution to Holders of Class M-2 Certificates allocable to interest, separately identifying any Unpaid Class M-2 Interest Shortfall included as interest and original issue discount in such Holders' gross income distribution, any remaining Unpaid Class M-2 Interest Shortfall after giving effect to such distribution, any Class M-2 Liquidation Loss Interest Amount included in such distribution and any remaining unpaid Class M-2 Liquidation Loss Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of Class M-2 Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments included therein and any remaining Unpaid Class M-2 Principal Shortfall after giving effect to such distribution; (iii) the Class M-2 Principal Balance and the Class M-2 Adjusted Principal Balance (if different) after giving effect to the distribution of principal on such Remittance Date; (iv) the Class M-2 Percentage for such Remittance Date and the following Remittance Date; and (v) the information described above in Section 6.05(b)(v) through (xviii). In the case of the information in clauses (i) through (iii) above, the amounts shall be expressed as a dollar amount per Class M-2 Certificate with a $1,000 denomination. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Class M-2 Certificate a statement containing the applicable distribution information provided pursuant to all Holders this Section aggregated for such calendar year or applicable portion thereof during which such Person was the Holder of Certificates setting forth a Class M-2 Certificate. Such obligation of the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 pursuant to any requirements of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made Code as from time to timetime enforced. e. On each Remittance Date, the Trustee shall forward or cause to be forwarded by mail to each Holder of a Class B-1 Certificate a copy of the Monthly Report forwarded to the Holders of Class A, Class M-1 and Class M-2 Certificates on such Remittance Date. The Servicer shall also furnish to the Trustee, which shall forward such report to the Class B-1 Certificateholders as part of the Monthly Report, the following information: (i) the amount of such distribution to Holders of Class B-1 Certificates allocable to interest, separately identifying any Unpaid Class B-1 Interest Shortfall included in such distribution, any remaining Unpaid Class B-1 Interest Shortfall after giving effect to such distribution, any Class B-1 Liquidation Loss Interest Amount included in such distribution and any remaining Unpaid Class B-1 Liquidation Loss Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of Class B-1 Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments included therein, and any remaining Unpaid Class B-1 Principal Shortfall after giving effect to such distribution; (iii) the Class B-1 Principal Balance and the Class B-1 Adjusted Principal Balance (if different) after giving effect to the distribution of principal on such Remittance Date; (iv) the Class B Percentage for such Remittance Date and the following Remittance Date; and (v) the information described above in Section 6.05(b)(v) through (xviii). In the case of the information in clauses (i) through (iii) above, the amounts shall be expressed as a dollar amount per Class B-1 Certificate with a $1,000 denomination.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided The Servicer shall prepare and furnish to the Trustee the statements specified below relating to the Class A Certificates, Class A-IO, Class M-1 Certificates, Class M-2 Certificates, Class B-1 Certificates, Class B-2 Certificates and Class B-3I Certificates on or before the third Business Day next preceding each Remittance Date. The Trustee and the Servicer shall inform any Certificateholder or any Underwriter inquiring by telephone of the information contained in the most recent Monthly Report. (b) Concurrently with each distribution charged to the Certificate Account the Trustee, so long as it has received the Monthly Report from the Servicer's Certificates delivered , shall forward or cause to be forwarded by mail to each Holder of a Class A Certificate and (if the Trustee pursuant to Section 4.01, Originator is not the Trustee shall determine Servicer) the following information with respect to such Distribution DateOriginator a statement setting forth the following: (i) for each Group, the amount of such distribution to Holders of each class of Class A Certificates allocable to interest (including any Unpaid Class M-1 Basis Risk Carryover Shortfall), separately identifying any Unpaid Class A Interest Shortfall included in such distribution and any remaining Unpaid Class A Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of each class of Class A Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Unpaid Class Unpaid Interest Shortfall or Component Unpaid Interest A Principal Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders Class Principal Balance for each class of such Class of A Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates A-IO Notional Principal Amount, after giving effect to the distribution of principal on such Distribution Remittance Date; (iv) the Class A Percentage for such Remittance Date and the following Remittance Date; (v) for each Loan Group, the Pool Stated Scheduled Principal Balance of the Contracts for the following Distribution such Remittance Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution DatePool Factor; (vii) the amount number and aggregate principal balances of the Servicing Fee paid to Contracts delinquent (a) 30-59 days and (b) 60 or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Datemore days; (viii) the Pass-Through Rate for each such Class number of Certificates (or Component) with respect Manufactured Homes that were repossessed during the month ending immediately prior to such Distribution Remittance Date, the number of repossessed Manufactured Homes that remain in inventory as of the last day of the related Due Period and repossessed Manufactured Homes purchased by the Originator or a subsidiary of the Originator from the Trust (during the related Due Period and cumulatively) by number of Contracts, aggregate Scheduled Principal Balance of such Contracts and aggregate purchase price; (ix) for each Loan Group, number of Contracts and aggregate Scheduled Principal Balance of Contracts extended or otherwise amended during the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Due Period preceding current Remittance Date;. (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans Class M-1 Distribution Test (A) delinquent (exclusive of Mortgage Loans as set forth in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution DateExhibit M hereto); (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan Class M-2 Distribution Test (as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereofset forth in Exhibit M hereto); (xii) for each Loan Group, the total number and principal balance of any REO Properties Class B Distribution Test (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Dateset forth in Exhibit M hereto); (xiii) for each Group, the Senior Prepayment Percentage Weighted Average Contract Rate and the Subordinate Prepayment Percentage for the following Distribution DateAdjusted Weighted Average Contract Rate; (xiv) for each Loan Groupthe Class M-1 Interest Deficiency Amount, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Groupif any, any Ratio Strip Deferred Amounts for such Distribution Remittance Date; (xv) the Class 1-A-SES Notional M-2 Interest Deficiency Amount, the Class 1-A-WIO Notional Amountif any, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Remittance Date; (xvi) the Ancillary Income Class B-1 Interest Deficiency Amount, if any, for such Distribution Remittance Date; (xvii) the Overcollateralization Amount, if any, for such Remittance Date; and (xviixviii) the Class SES Compensating Interest for Additional Principal Distribution Amount, if any, to be distributed on such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied Remittance Date pursuant to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a8.03(a)(xiv). In the case of information furnished pursuant to clauses (i), ) through (iiiii) and (ix) of Section 5.04(a)above, the amounts shall be expressed as a dollar amount per Class A Certificate or Class A-IO Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, Class A Certificate a statement containing the information set forth in clauses (i) with respect to interest accrued and (ii) of Section 5.04(a), in each case aggregated for principal paid on its Certificates during such calendar year or applicable portion thereof during which such Person was a Certificateholderyear. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code. (c) On each Remittance Date, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, forward or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information cause to be reported forwarded by mail to the Holders each Holder of a Class M-1 Certificate a copy of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be Monthly Report forwarded to the Holders of the Residual Class A Certificates by on such Remittance Date. The Servicer shall also furnish to the Trustee), which shall forward such report to the Class M-1 Certificateholders as part of the Monthly Report, the following information: (i) the amount of such distribution to Holders of Class M-1 Certificates allocable to interest, separately identifying any Unpaid Class M-1 Interest Shortfall included in such distribution, any remaining Unpaid Class M-1 Interest Shortfall after giving effect to such distribution, any Class M-1 Liquidation Loss Interest Amount included in such distribution and any remaining unpaid Class M-1 Liquidation Loss Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of Class M-1 Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments included therein and any remaining Unpaid Class M-1 Principal Shortfall after giving effect to such distribution; (iii) the Class M-1 Principal Balance and the Class M-1 Adjusted Principal Balance (if different) after giving effect to the distribution of principal on such Remittance Date; (iv) the Class M-1 Percentage for such Remittance Date and the following Remittance Date; and (v) the information described above in Section 6.05(b)(v) through (xviii). In the case of the information in clauses (i) through (iii) above, the amounts shall be expressed as a dollar amount per Class M-1 Certificate with a $1,000 denomination. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Class M-1 Certificate a statement containing the applicable distribution information provided pursuant to this Section aggregated for such calendar year or applicable portion thereof during which such Person was the Holder of a Class M-1 Certificate. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time enforced. (d) On each Remittance Date, the Trustee shall forward or cause to be forwarded by mail to each Holder of a Class M-2 Certificate a copy of the Monthly Report forwarded to the Holders of Class A Certificates with respect and Class M-1 Certificates on such Remittance Date. The Servicer shall also furnish to amounts the Trustee, which should be shall forward such report to the Class M-2 Certificateholders as part of the Monthly Report, the following information: (i) the amount of such distribution to Holders of Class M-2 Certificates allocable to interest, separately identifying any Unpaid Class M-2 Interest Shortfall included as interest and original issue discount in such Holders' gross income distribution, any remaining Unpaid Class M-2 Interest Shortfall after giving effect to such distribution, any Class M-2 Liquidation Loss Interest Amount included in such distribution and any remaining unpaid Class M-2 Liquidation Loss Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of Class M-2 Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments included therein and any remaining Unpaid Class M-2 Principal Shortfall after giving effect to such distribution; (iii) the Class M-2 Principal Balance and the Class M-2 Adjusted Principal Balance (if different) after giving effect to the distribution of principal on such Remittance Date; (iv) the Class M-2 Percentage for such Remittance Date and the following Remittance Date; and (v) the information described above in Section 6.05(b)(v) through (xviii). In the case of the information in clauses (i) through (iii) above, the amounts shall be expressed as a dollar amount per Class M-2 Certificate with a $1,000 denomination. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Class M-2 Certificate a statement containing the applicable distribution information provided pursuant to this Section aggregated for such calendar year or applicable portion thereof during which such Person was the Holder of a Class M-2 Certificate. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time enforced. (e) On each Remittance Date, the Trustee shall forward or cause to be forwarded by mail to each Holder of a Class B-1 Certificate a copy of the Monthly Report forwarded to the Holders of Class A, Class M-1 and Class M-2 Certificates on such Remittance Date. The Servicer shall also furnish to the Trustee, which shall forward such report to the Class B-1 Certificateholders as part of the Monthly Report, the following information: (i) the amount of such distribution to Holders of Class B-1 Certificates allocable to interest, separately identifying any Unpaid Class B-1 Interest Shortfall included in such distribution, any remaining Unpaid Class B-1 Interest Shortfall after giving effect to such distribution, any Class B-1 Liquidation Loss Interest Amount included in such distribution and any remaining Unpaid Class B-1 Liquidation Loss Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of Class B-1 Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments included therein, and any remaining Unpaid Class B-1 Principal Shortfall after giving effect to such distribution; (iii) the Class B-1 Principal Balance and the Class B-1 Adjusted Principal Balance (if different) after giving effect to the distribution of principal on such Remittance Date; (iv) the Class B Percentage for such Remittance Date and the following Remittance Date; and (v) the information described above in Section 6.05(b)(v) through (xviii). In the case of the information in clauses (i) through (iii) above, the amounts shall be expressed as a dollar amount per Class B-1 Certificate with a $1,000 denomination. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Class B-1 Certificate a statement containing the applicable distribution information provided pursuant to this Section aggregated for such calendar year or applicable portion thereof during which such Person was the Holder of a Class B-1 Certificate. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time enforced. (f) On each Remittance Date, the Trustee shall forward or cause to be forwarded by mail to each Holder of a Class B-2 Certificate a copy of the Monthly Report forwarded to the Holders of Class A, Class M-1, Class M-2 and Class B-1 Certificates on such Remittance Date. The Servicer shall also furnish to the Trustee, which shall forward such report to the Class B-2 Certificateholders as part of the Monthly Report, the following information: (i) the amount of such distribution to Holders of Class B-2 Certificates allocable to interest, separately identifying any Unpaid Class B-2 Interest Shortfall included in such distribution and any remaining Unpaid Class B-2 Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of Class B-2 Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments included therein, and any Unpaid Class B-2 Principal Shortfall after giving effect to such distribution; (iii) the amount, if any, by which the Class B-2 Formula Distribution Amount for such Remittance Date exceeds the remaining Amount Available for such Remittance Date; (iv) the Class B-2 Principal Balance and Class B-2 Adjusted Principal Balance, if different, after giving effect to the distribution of principal on such Remittance Date; (v) the Class B Percentage for such Remittance Date and the following Remittance Date; (vi) the information described above in Section 6.05(b)(v) through (xviii); (vii) the Class B-2 Liquidation Loss Amount, if any, for such Remittance Date; (viii) the Weighted Average Contract Rate of all outstanding Contracts. In the case of the information in clauses (i) through (iv) above, the amounts shall be expressed as a dollar amount per Class B-2 Certificate with a $1,000 denomination. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Class B-2 Certificate a statement containing the applicable distribution information provided pursuant to this Section aggregated for such calendar year or applicable portion thereof during which such Person was the Holder of a Class B-2 Certificate. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time enforced. (g) On each Remittance Date, the Trustee shall forward or cause to be forwarded by mail to each Holder of a Class B-3I Certificate a copy of the Monthly Report forwarded to the Holders of Class A, Class M-1, Class M-2, Class B-1 and Class B-2 Certificates on such Remittance Date. The Servicer shall also furnish to the Trustee, which shall forward such report to the Class B-3I Certificateholders as part of the Monthly Report, the following information: (i) the Class B-3I Formula Distribution Amount for such Remittance Date; and (ii) the Class B-3I Distribution Amount for such Remittance Date. (h) Copies of all reports provided to the Trustee for the Certificateholders shall also be provided to all Holders Standard & Poor's, Moody's and Fitch and to the Class C Certificateholders. In addition, Certificate Owners may receive copies of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by any reports provided to the Trustee in its absolute discretionfor the Certificateholders, upon written request together with a certification that constitute real estate assets under Section 856 they are Certificate Owners and payment of reproduction and postage expenses associated with the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage distribution of such assets of each REMICreports, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require from the Trustee periodically to appraise at the fair market values of the assets of the Corporate Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to timeOffice.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

Statements to Certificateholders. (a) Prior Concurrently with each distribution to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01Investor Certificateholders, the Trustee shall determine forward to each Investor Certificateholder, the following information Servicer and each Rating Agency a statement prepared by the Servicer pursuant to Section 4.01 with respect to such Distribution Datedistribution setting forth: (i) the Investor Floating Allocation Percentage for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included thereinpreceding Collection Period; (ii) for each Group the Class A Certificate Distribution Amount; (iii) the amount of Class A Certificate Interest in such distribution, the related Class A Certificate Rate and the Class SES and S Certificate Interest; (iv) the amount, if any, of any Unpaid Class WIO Certificates, the amount allocable to interest, any Class Unpaid A Certificate Interest Shortfall or Component any Unpaid Class S Certificate Interest Shortfall included in such distribution and any distribution; (v) the amount, if any, of the remaining Unpaid Class Unpaid Interest Shortfall or Component Unpaid A Certificate Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (ivvi) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution amount, if any, of principal on in such Distribution Date; (v) for each Loan Groupdistribution, separately stating the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Datecomponents thereof; (vii) the amount amount, if any, of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and reimbursement of previous Investor Loss Reduction Amounts in such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Datedistribution; (viii) the Pass-Through Rate for each such Class amount, if any, of Certificates (or Component) with respect the aggregate of unreimbursed Investor Loss Reduction Amounts after giving effect to such Distribution Datedistribution; (ix) the Servicing Fee for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Payment Date; (x) for each Loan Groupthe Invested Amount, the number Class A Certificate Principal Balance and the Pool Factor, each after giving effect to such distribution; (xi) the Pool Balance as of the end of the preceding Collection Period and the aggregate principal amounts of the Asset Balances of the Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of at the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereofrelated Collection Period; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market valueCredit Enhancement Draw Amount, if available) as of the close of business on the Determination Date preceding such Distribution Dateany; (xiii) the number and aggregate Asset Balances of Mortgage Loans as to which the Minimum Monthly Payment is delinquent for each Group30-59 days, 60-89 days and 90 or more days, respectively, as of the Senior Prepayment Percentage and end of the Subordinate Prepayment Percentage for the following Distribution Datepreceding Collection Period; (xiv) for each Loan Group, the aggregate amount book value (within the meaning of Realized Losses incurred during the preceding calendar month and for each Group, 12 C.F.R. Section 571.13 or comparable provision) of any Ratio Strip Deferred Amounts for such Distribution Datereal estate acquired through foreclosure or grant of a deed in lieu of foreclosure; (xv) the Class 1-A-SES Notional Amount, A Certificate Rate applicable to the Class 1-A-WIO Notional Amount, distribution on the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution following Payment Date; (xvi) the Ancillary Income for such Distribution Date; andnumber and principal balances of any Mortgage Loans retransferred to the Transferor pursuant to (a) Section 2.04 and (b) Section 2.06; (xvii) the Class SES Compensating Interest for amount of Transferor Available Funds, if any, included in such Distribution Date.distribution; and (bxviii) No later than each Distribution the Transferor Subordinated Amount for the following Payment Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (iii), (iiiii) in respect of Class A Certificate Interest, (iv) and (ixviii) of Section 5.04(a)above, the amounts shall be expressed as a dollar amount per Investor Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time 60 days after the end of each calendar year, the Servicer shall prepare or cause to be prepared and shall forward to the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (iiii) and (iivi) of Section 5.04(a), in each case above aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholderyear. Such obligation of the Trustee Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee Servicer or a Paying Agent pursuant to any requirements of the Code as from time to time in forceCode. The Trustee shall deliver prepare or cause to be prepared (in a manner consistent with the Holders treatment of the Class A Certificates any reports or information as indebtedness of the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephoneTransferor, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is 57 otherwise required by the Code, Treasury Regulations, Section 3.15) Internal Revenue Service Form 1099 (or any successor form) and the REMIC Provisions including, but not limited to, (i) information any other tax forms required to be reported filed or furnished to the Holders Certificateholders in respect of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected distributions by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of (or the Code, Paying Agent) on the Class A Certificates and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of shall file and distribute such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently forms as required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to timeby law.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Greenpoint Mortgage Securities Inc/)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such Distribution Date: (i) for each Loan Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Loan Group and the Class SES and Class WIO Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date Date; and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, bankruptcy as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Class PO Deferred Amounts for such Distribution Date; (xv) the Class 1-AIO Notional Amount, Class 2-IO Notional Amount, Class 3-IO Notional Amount, Class 4-IO Notional Amount, Class 5-IO Notional Amount, Class 1-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount, Class 4-SES Notional Amount and the Class 35-WIO SES Notional Amount for such Distribution Date; (xvi) the Ancillary Income for each Class SES Component for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's CertificatesCertificate, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ixii) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Mort Sec Inc Alternative Loan Trust 2003 11)

Statements to Certificateholders. (a) Prior Concurrently with each distribution to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01Investor Certificateholders, the Trustee shall determine forward to each Investor Certificateholder, the following information Servicer and each Rating Agency a statement prepared by the Servicer pursuant to Section 4.01 with respect to such Distribution Datedistribution setting forth: (i) the Investor Floating Allocation Percentage for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included thereinpreceding Collection Period; (ii) for each Group the Class A Certificate Distribution Amount; (iii) the amount of Class A Certificate Interest in such distribution, the related Class A Certificate Rate and the Class SES and S Certificate Interest; (iv) the amount, if any, of any Unpaid Class WIO Certificates, the amount allocable to interest, any Class Unpaid A Certificate Interest Shortfall or Component any Unpaid Class S Certificate Interest Shortfall included in such distribution and any distribution; (v) the amount, if any, of the remaining Unpaid Class Unpaid Interest Shortfall or Component Unpaid A Certificate Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (ivvi) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution amount, if any, of principal on in such Distribution Date; (v) for each Loan Groupdistribution, separately stating the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Datecomponents thereof; (vii) the amount amount, if any, of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and reimbursement of previous Investor Loss Reduction Amounts in such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Datedistribution; (viii) the Pass-Through Rate for each such Class amount, if any, of Certificates (or Component) with respect the aggregate of unreimbursed Investor Loss Reduction Amounts after giving effect to such Distribution Datedistribution; (ix) the Servicing Fee for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Payment Date; (x) for each Loan Groupthe Invested Amount, the number Class A Certificate Principal Balance and the Pool Factor, each after giving effect to such distribution; (xi) the Pool Balance as of the end of the preceding Collection Period and the aggregate principal amounts of the Asset Balances of the Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of at the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereofrelated Collection Period; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market valueCredit Enhancement Draw Amount, if available) as of the close of business on the Determination Date preceding such Distribution Dateany; (xiii) the number and aggregate Asset Balances of Mortgage Loans as to which the Minimum Monthly Payment is delinquent for each Group30-59 days, 60-89 days and 90 or more days, respectively, as of the Senior Prepayment Percentage and end of the Subordinate Prepayment Percentage for the following Distribution Datepreceding Collection Period; (xiv) for each Loan Group, the aggregate amount book value (within the meaning of Realized Losses incurred during the preceding calendar month and for each Group, 12 C.F.R. Section 571.13 or comparable provision) of any Ratio Strip Deferred Amounts for such Distribution Datereal estate acquired through foreclosure or grant of a deed in lieu of foreclosure; (xv) the Class 1-A-SES Notional Amount, A Certificate Rate applicable to the Class 1-A-WIO Notional Amount, distribution on the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution following Payment Date; (xvi) the Ancillary Income for such Distribution Date; andnumber and principal balances of any Mortgage Loans retransferred to the Transferor pursuant to (a) Section 2.04 and (b) Section 2.06; (xvii) the Class SES Compensating Interest for amount of Transferor Available Funds, if any, included in such Distribution Date.distribution; and (bxviii) No later than each Distribution the Transferor Subordinated Amount for the following Payment Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (iii), (iiiii) in respect of Class A Certificate Interest, (iv) and (ixviii) of Section 5.04(a)above, the amounts shall be expressed as a dollar amount per Investor Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time 60 days after the end of each calendar year, the Servicer shall prepare or cause to be prepared and shall forward to the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (iiii) and (iivi) of Section 5.04(a), in each case above aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholderyear. Such obligation of the Trustee Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee Servicer or a Paying Agent pursuant to any requirements of the Code as from time to time in forceCode. The Trustee shall deliver prepare or cause to be prepared (in a manner consistent with the Holders treatment of the Class A Certificates any reports or information as indebtedness of the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephoneTransferor, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is otherwise required by the Code, Treasury Regulations, Section 3.15) Internal Revenue Service Form 1099 (or any successor form) and the REMIC Provisions including, but not limited to, (i) information any other tax forms required to be reported filed or furnished to the Holders Certificateholders in respect of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected distributions by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of (or the Code, Paying Agent) on the Class A Certificates and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of shall file and distribute such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently forms as required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to timeby law.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Greenpoint Mortgage Securities Inc/)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee Securities Administrator on the Master Servicer's Certificates Certificate delivered to the Trustee Securities Administrator pursuant to Section 4.01, the Trustee Securities Administrator shall determine the following information with respect to such Distribution Date: (i) for each Loan Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO CertificatesLoan Group, the amount allocable to interest, any Class Unpaid Interest Shortfall or and Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or and Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates and the Component Balance of each Component after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, (A) the Senior Percentage, the Senior Prepayment Percentage, the Subordinate Percentage and the Subordinate Prepayment Percentage for the following such Distribution Date and (B) the Total Senior Percentage, the Senior Prepayment Percentage, the Subordinate Percentage and Aggregate the Subordinate Prepayment Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the each Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, Group or any Ratio Strip Class PO Deferred Amounts for such Distribution Date; (xvxiv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount for each Class of Interest Only Certificates and the Class 3-WIO Notional Amount notional amount for each interest only Component for such Distribution Date; (xv) for each Loan Group, the Reimbursement Amount; (xvi) the Ancillary Income for such Distribution DateYield Maintenance Agreement Payments received from the Counterparty and Yield Maintenance Amounts and Yield Maintenance Amount Shortfalls paid to the Class 2-A-1, Class 3-A-12 and Class 4-A-1 Certificates; and (xvii) for each Loan Group, the amount of Recoveries, the Class SES Compensating Interest for such Distribution DatePO Recovery and the Non-PO Recovery. (b) No later than each Distribution Date, the TrusteeSecurities Administrator, based upon information supplied to it on the Master Servicer's CertificatesCertificate, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer Master Servicer, a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ixii) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee Securities Administrator shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the TrusteeSecurities Administrator, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee Securities Administrator will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, Certificateholders and other parties to this Agreement via the TrusteeSecurities Administrator's Internet website. The TrusteeSecurities Administrator's Internet website shall initially be located at "w▇▇www.ctslink.com.▇▇▇▇▇▇▇.▇▇▇". " Assistance in using the website can be obtained by calling the Trusteeca▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ities Administrator's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are unable to use the website are entitled to have a paper ▇▇ ▇▇▇▇ ▇ ▇▇▇er copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in force. The Trustee Securities Administrator shall deliver to the Holders of Certificates any reports or information the Trustee Securities Administrator is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee Securities Administrator shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee Securities Administrator deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders Holder of the Residual Certificates Certificate for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders Holder of the Residual Certificates Certificate by the TrusteeSecurities Administrator), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee Securities Administrator in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMICREMIC created hereunder, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee Securities Administrator periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Funding Corp. 2005-7 Trust)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates Loan Summary and Remittance Report delivered to the Trustee pursuant to Section 4.01, the Trustee shall determine the following information with respect to such the following Distribution Date: (i) for each Group, the amount allocable received or deemed to principal, separately identifying have been received by the aggregate amount Master Servicer as of any Principal Prepayments and Liquidation Proceeds included thereinthe close of business on the preceding Determination Date in respect of the Mortgage Loans; (ii) the aggregate Repurchase Prices for each Group any Defective Mortgage Loans included in Available Funds for the following Distribution Date and the Class SES and Class WIO Certificates, (b) the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall of Substitution Adjustment Amounts included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distributionAvailable Funds for the following Distribution Date; (iii) the amount, if any, required to be deposited in the distribution Certificate Account pursuant to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interestSection 3.06(c); (iv) the Class Certificate Balance of each Class of Certificates after giving effect to Available Funds, for the distribution of principal on such following Distribution Date; (v) the Class Optimum Interest Distribution Amount for each Loan Group, Class of interest bearing Certificates for the Pool Stated Principal Balance following Distribution Date and the amount to be distributed on account of interest on each Class of interest-bearing Certificates for the following Distribution Date; (vi) the amount to be distributed and allocable to principal for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage Class of Certificates for the following Distribution Date; (vii) the aggregate amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, Realized Losses indicating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses during the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Datepreceding calendar month; (viii) the Pass-Through Rate amount of Bankruptcy Coverage Amount, Special Hazard Loss Coverage and the Fraud Loss Coverage Amount for each such Class of Certificates (or Component) with respect to such the related Distribution Date; (ix) the Senior Percentage and Subordinate Percentage for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such following Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Date; (xvxi) the Class 1-A-SES Notional Amount, Pool Scheduled Principal Balance for the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income for such second following Distribution Date; and (xviixii) the Class SES Compensating Interest Certificate Balance for each Class of Certificates after giving effect to the distribution to be made on the following Distribution Date and any adjustments to the Class Certificate Balances of such Certificates on such following Distribution Date.Date as a result of Realized Losses; and (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's CertificatesLoan Summary and Remittance Report, shall make available prepare and distribute to each Holder of a Certificate, each the Rating Agency and the Master Servicer a statement setting forth forth: (a) the information set forth amount of such distribution to Holders of each Class of Certificates allocable to interest, any Class Unpaid Interest Shortfall for such Class included in such distribution and any remaining Class Unpaid Interest Shortfall for such Class after giving effect to such distribution and (b) the amounts of (v) Net Prepayment Interest Shortfall; (w) the amount of Prepayment Interest Shortfalls offset by Compensating Interest Payments; (x) the interest portion of Special Hazard Losses and Fraud Losses; (y) the interest portion of Debt Service Reductions and Deficient Valuations; and (z) Relief Act Reductions, in each case allocated to each Class on such Distribution Date; (ii) the amount of such distribution to Holders of each Class of Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments included therein; (iii) the amount of any Monthly Advance pursuant to Section 5.04(a4.02; (iv) the Class Certificate Balance of each Class of Certificates on such Distribution Date after giving effect to the distribution of principal and any adjustments to the Class Certificate Balances of such Certificates as a result of Realized Losses resulting from (a) Special Hazard Losses, (b) Deficient Valuations or Debt Service Reductions, (c) Fraud Losses and (d) Realized Losses not included in clauses (a) - (c) above, separately listing the amounts of adjustments resulting from each such category; (v) the Pool Scheduled Principal Balance of the Mortgage Loans for the following Distribution Date; (vi) the aggregate amount of Special Hazard Losses, Bankruptcy Losses and Fraud Losses during the preceding calendar month (separately stating the amount of principal reduction and interest reduction pursuant to Sections 5.02(b) and 5.02(c)) and the Special Hazard Loss Coverage Amount, Bankruptcy Coverage Amount and the Fraud Loss Coverage Amount for the following Distribution Date; (vii) the number and aggregate principal balances of Mortgage Loans delinquent as of the end of the previous month (a) one month, (b) two months and (c) three or more months and loans in foreclosure; (viii) the book value (within the meaning of 12 C.F.R. § 571.13 or comparable provision) of any real estate acquired through foreclosure or grant of a deed in lieu of foreclosure; (ix) the amount of Realized Losses allocated to each such Class; (x) the Senior Percentage for the following Distribution Date and the Subordinate Percentage for the following Distribution Date; (xi) the Senior Prepayment Percentage for the following Distribution Date; and (xii) the Subordinate Prepayment Percentage for the following Distribution Date. In the case of information furnished pursuant to clauses subclauses (i), (ii) and (ix) of Section 5.04(a)above, the amounts shall be expressed as a dollar amount amount, per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make provide the monthly above statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet ’s internet website. The Trustee's Internet ’s website shall will initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance /▇▇▇ and assistance in using the website can be obtained by calling the Trustee's customer service ’s investor relations desk at (▇-▇▇▇) -▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a A paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to of the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changesstatement will also be made available upon request. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish mail to each Person who at any time during the calendar year was the Holder of a Regular Certificate, if requested in writing by such Person, or Residual Certificate a statement containing the information set forth in clauses subclauses (i) and (ii) above in the case of Section 5.04(a)a Regular Certificateholder, in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Master Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee Master Servicer pursuant to any requirements of the Code as from time to time in force. The Master Servicer shall provide on an aggregate basis with respect to each Class of Certificates to enable the Trustee shall to deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee Master Servicer shall prepare and provide to the Trustee, and the Trustee shall forward to Certificateholders in the form so provided (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) as directed by the Master Servicer, such other reasonable information as the Trustee Master Servicer deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the TrusteeMaster Servicer), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each the REMIC's ’s assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee Master Servicer in its absolute discretion, that constitute qualifying real property loans under Section 593 of the Code, real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each the REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee Master Servicer periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's Master Servicer’s initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Greenpoint Mort Sec Inc Mort Back Ps THR Certs Ser 2003-1)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.014.01 and with respect to subsections (xx) and (xxi) below, after consultation with the Depositor, the Trustee shall determine the following information with respect to such Distribution Date: (i) the date of such Distribution Date and the Determination Date for such Distribution Date; (ii) for each Class, the applicable Record Date and Interest Accrual Period; (iii) for each Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (iiiv) for each Group and the Class SES and Class WIO CertificatesGroup, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iiiv) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (ivvi) the Class Certificate Balance of each Class of Certificates prior to and after giving effect to the distribution of principal on such Distribution Date; (vvii) for each Loan Group, the Pool Stated Principal Balance for the following such Distribution Date; (viviii) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following such Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following such Distribution Date; (viiix) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viiix) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ixxi) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and Date, the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date and the amount of Periodic Advances reimbursed since the previous Distribution Date; (xxii) for each Loan Group, the number and aggregate Stated Principal Balance of the Mortgage Loans, the ranges of Mortgage Interest Rates for the Mortgage Loans, separated by 0.25%, the weighted average remaining term to maturity of the Mortgage Loans and the cumulative amount of Principal Prepayments, each as of the close of business on the last day of the calendar month preceding such Distribution Date; (xiii) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 in 30-day increments until foreclosure or more daysother disposition, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, bankruptcy as of the close of business on the last day of the calendar month preceding such Distribution Date; (xixiv) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xiixv) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiiixvi) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following such Distribution Date; (xivxvii) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip PO Deferred Amounts for such Distribution Date; (xvxviii) the Class 1-ACB-SES IO Notional Amount, the Class 12-ACB-WIO IO Notional Amount, the Class 23-SES A-2 Notional Amount, the Class 23-WIO IO Notional Amount, the Class 34-SES CB-IO Notional Amount, Class 5-CB-IO Notional Amount, Class 6-IO Notional Amount and the Class 3CB-WIO IO Notional Amount for such Distribution Date; (xvixix) any expenses or indemnification amounts paid by the Trust, the specific purpose of each payment and the parties to whom such payments were made; (xx) for each Loan Group the amount of total Recoveries, the PO Recovery and the Non-PO Recovery; (xxi) any material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments since the previous Distribution Date and cumulatively since the Cut-off Date; (xxii) unless such information is set forth in the Form 10-D relating to such Distribution Date and provided the Trustee is reasonably able to include such information on the statement, any material breaches of representations and warranties relating to the Mortgage Loans and any material breach of covenants hereunder; (xxiii) the Ancillary Income for such number and aggregate principal balance of any Mortgage Loans repurchased by the Depositor from the Trust since the previous Distribution Date; and (xviixxiv) the Yield Maintenance Agreement Payment received from the Counterparty and paid to the Class SES Compensating Interest for such Distribution Date3-A-1 Certificates. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's CertificatesCertificate, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (iiiii) and (ixiv) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall , initially be located at "w▇▇.www.ctslink.com". The Trustee will also make available copies of the ▇▇▇▇▇▇▇.▇▇▇"▇▇▇s the Trustee files with the Securities and Exchange Commission, including distribution reports on Form 10-D, annual reports on Form 10-K, current reports on Form 8-K and amendments to these reports available through this website promptly (but no later than one Business Day) after they are filed with the Securities and Exchange Commission. Assistance in using the this website can be obtained by calling the Trustee's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (iiii), (iv) and (iiix) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders Holder of the Residual Certificates Certificate for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders Holder of the Residual Certificates Certificate by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Alternative Loan Trust 2006-3)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based solely upon the information provided to the Trustee Certificate Administrator by the Master Servicer and on the each Servicer's Certificates Certificate delivered to the Trustee Master Servicer pursuant to Section 4.01, the Trustee Certificate Administrator shall determine prepare and make available a statement as to the distributions to be made on such Distribution Date containing the following information with respect to such Distribution Date: (i) the date of such Distribution Date and the Determination Date for such Distribution Date; (ii) for each Class, the applicable Record Date and Interest Accrual Period; (iii) for each Loan Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (iiiv) for each Group and the Class SES and Class WIO CertificatesLoan Group, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iiiv) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (ivvi) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (vvii) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (viviii) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (viiix) the amount of the Servicing Fee paid to or retained by the each Servicer with respect to each Loan Group and such Distribution Date and, if applicable, Date; (x) the amount of the Supplemental Servicing Certificate Administrator Fee payable to retained by the Servicer Certificate Administrator with respect to such Distribution Date; (viiixi) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ixxii) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date and the amount of Periodic Advances reimbursed since the previous Distribution Date; (xxiii) the amount of Servicing Advances made since the previous Distribution Date and the aggregate amount of Servicing Advances outstanding as of the close of business on such Distribution Date; (xiv) the number and aggregate Stated Principal Balance of the Mortgage Loans, the Net WAC for each Loan Group, the weighted average remaining term to maturity of the Mortgage Loans and the cumulative amount of Principal Prepayments, each as of the close of business on the last day of the calendar month preceding such Distribution Date; (xv) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure) in 30-day increments until foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, other disposition (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xixvi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xiixvii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiiixviii) for each Loan Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xivxix) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and month; (xx) for each Loan Group, the amount of any Ratio Strip Deferred Amounts for Subsequent Recoveries; (xxi) any expenses or indemnification amounts paid by the Trust, the specific purpose of each payment and the parties to whom such payments were made; (xxii) any material modifications, extensions or waivers as to Mortgage Loan terms, fees, penalties or payments since the previous Distribution Date and cumulatively since the Cut-off Date; (xvxxiii) unless such information is set forth in the Class 1Form 10-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for D relating to such Distribution Date; (xvi) Date or a prior Form 8-K and provided the Ancillary Income for Certificate Administrator is reasonably able to include such Distribution Dateinformation on the statement, any material breaches of representations and warranties relating to the Mortgage Loans and any material breach of covenants hereunder; and (xviixxiv) the Class SES Compensating Interest for such number and aggregate principal balance of any Mortgage Loans repurchased by the Depositor from the Trust since the previous Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, Certificate Administrator shall make available to each Holder of a Certificate, each Rating Agency and the Servicer on its website at www.usbank.com.mbs a statement substantially in the form of Exhibit T hereto (the "Distribution Date Statement") setting forth the information set forth in Section 5.04(a)) and shall make available a copy of such Distribution Date Statement to the Trustee. Upon written request, the Certificate Administrator shall mail a paper copy of the Distribution Date Statement to any Person that is unable to use www.usbank.com.mbs. The Certificate Administrator shall have the right to change the way statements are distributed in order to make such distribution more convenient and/or accessible to the Certificateholders and the Rating Agencies, and the Certificate Administrator shall provide timely notice to all regarding such changes. In the case of information furnished pursuant to clauses (iiii), (iiiv) and (ixxii) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee Certificate Administrator shall prepare and furnish to each the Financial Market Service, in electronic or such other format and media mutually agreed upon by the TrusteeCertificate Administrator, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee Certificate Administrator shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.clauses

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Wachovia Mortgage Loan Trust, Series 2007-A)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided to the Trustee Securities Administrator on the Master Servicer's Certificates Certificate delivered to the Trustee Securities Administrator pursuant to Section 4.01, the Trustee Securities Administrator shall determine the following information with respect to such Distribution Date: (i) for each Loan Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO CertificatesLoan Group, the amount allocable to interest, any Class Unpaid Interest Shortfall or and Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or and Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates and the Component Balance of each Component after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, (A) the Senior Percentage, the Senior Prepayment Percentage, the Subordinate Percentage and the Subordinate Prepayment Percentage for the following such Distribution Date and (B) the Total Senior Percentage, the Senior Prepayment Percentage, the Subordinate Percentage and Aggregate the Subordinate Prepayment Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the each Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Group, Group or any Ratio Strip Class PO Deferred Amounts for such Distribution Date; (xvxiv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount for each Class of Interest Only Certificates and the Class 3-WIO Notional Amount notional amount for each interest only Component for such Distribution Date; (xv) for each Loan Group, the Reimbursement Amount; (xvi) for each Loan Group, the Ancillary Income for such Distribution Dateamount of Recoveries, the Class PO Recovery and the Non-PO Recovery; and (xvii) the Class SES Compensating Interest any Rounding Amounts for such Distribution Date and any amounts applied to repay such Rounding Amounts withdrawn on the prior Distribution Date. (b) No later than each Distribution Date, the TrusteeSecurities Administrator, based upon information supplied to it on the Master Servicer's CertificatesCertificate, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer Master Servicer, a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (ii) and (ixii) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee Securities Administrator shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the TrusteeSecurities Administrator, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee Securities Administrator will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, Certificateholders and other parties to this Agreement via the TrusteeSecurities Administrator's Internet website. The TrusteeSecurities Administrator's Internet website shall initially be located at "w▇▇www.ctslink.com.▇▇▇▇▇▇▇.▇▇▇". " Assistance in using the website can be obtained by calling the Trusteeca▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ities Administrator's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are unable to use the website are entitled to have a paper ▇▇ ▇▇▇▇ ▇ ▇▇▇er copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (i) and (ii) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in force. The Trustee Securities Administrator shall deliver to the Holders of Certificates any reports or information the Trustee Securities Administrator is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee Securities Administrator shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee Securities Administrator deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders Holder of the Residual Certificates Certificate for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders Holder of the Residual Certificates Certificate by the TrusteeSecurities Administrator), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee Securities Administrator in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMICREMIC created hereunder, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee Securities Administrator periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Funding 2005-8 Trust)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided a. The Servicer shall prepare and furnish to the Trustee the statements specified below relating to the Class A Certificates, Class M-1 Certificates, Class M-2 Certificates, Class B-1 Certificates, Class B-2 Certificates and Class B-3I Certificates on or before the third Business Day next preceding each Remittance Date. The Trustee and the Servicer shall inform any Certificateholder and any Underwriter inquiring by telephone of the information contained in the most recent Monthly Report. b. Concurrently with each distribution charged to the Certificate Account the Trustee, so long as it has received the Monthly Report from the Servicer's Certificates delivered , shall forward or cause to be forwarded by mail to each Holder of a Class A Certificate and (if the Trustee pursuant to Section 4.01, Originator is not the Trustee shall determine Servicer) the following information with respect to such Distribution DateOriginator a statement setting forth the following: (i) for each Group, the amount of such distribution to Holders of Class A Certificates allocable to interest, separately identifying any Unpaid Class A Interest Shortfall included in such distribution and any remaining Unpaid Class A Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of Class A Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Unpaid Class Unpaid Interest Shortfall or Component Unpaid Interest A Principal Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates A Principal Balance, after giving effect to the distribution of principal on such Distribution Remittance Date; (iv) the Class A Percentage for such Remittance Date and the following Remittance Date; (v) for each Loan Group, the Pool Stated Scheduled Principal Balance of the Contracts for the following Distribution such Remittance Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution DatePool Factor; (vii) the amount number and aggregate principal balances of the Servicing Fee paid to Contracts delinquent (a) 30-59 days and (b) 60 or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Datemore days; (viii) the Pass-Through Rate for each such Class number of Certificates (or Component) with respect Manufactured Homes that were repossessed during the month ending immediately prior to such Distribution Remittance Date, the number of repossessed Manufactured Homes that remain in inventory as of the last day of the related Due Period and repossessed Manufactured Homes purchased by the Originator or a subsidiary of the Originator from the Trust (during the related Due Period and cumulatively) by number of Contracts, aggregate Scheduled Principal Balance of such Contracts and aggregate purchase price; (ix) for each Loan Group, number of Contracts and aggregate Scheduled Principal Balance of Contracts extended or otherwise amended during the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Due Period preceding current Remittance Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans Class M-1 Distribution Test (A) delinquent (exclusive of Mortgage Loans as set forth in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution DateExhibit N hereto); (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan Class M-2 Distribution Test (as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereofset forth in Exhibit N hereto); (xii) for each Loan Group, the total number and principal balance of any REO Properties Class B Distribution Test (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Dateset forth in Exhibit N hereto); (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution DateWeighted Average Contract Rate of all outstanding Contracts; (xiv) for each Loan Groupthe Class M-1 Interest Deficiency Amount, the aggregate amount of Realized Losses incurred during the preceding calendar month and for each Groupif any, any Ratio Strip Deferred Amounts for such Distribution Remittance Date; (xv) the Class 1-A-SES Notional M-2 Interest Deficiency Amount, the Class 1-A-WIO Notional Amountif any, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Remittance Date; (xvi) the Ancillary Income Class B-1 Interest Deficiency Amount, if any, for such Distribution Remittance Date; (xvii) the Overcollateralization Amount, if any, for such Remittance Date; and (xviixviii) the Class SES Compensating Interest Additional Principal Distribution Amount, if any, for such Distribution Remittance Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), ) through (iiiv) and (ix) of Section 5.04(a)above, the amounts shall be expressed as a dollar amount per Class A Certificate with a 1% Percentage Interest or per $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changesdenomination of Class A Certificate. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, Class A Certificate a statement containing the information set forth in clauses (i) with respect to interest accrued and (ii) of Section 5.04(a), in each case aggregated for principal paid on its Certificates during such calendar year or applicable portion thereof during which such Person was a Certificateholderyear. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code. c. On each Remittance Date, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, forward or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information cause to be reported forwarded by mail to the Holders each Holder of a Class M-1 Certificate a copy of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be Monthly Report forwarded to the Holders of the Residual Class A Certificates by on such Remittance Date. The Servicer shall also furnish to the Trustee), which shall forward such report to the Class M-1 Certificateholders as part of the Monthly Report, the following information: (i) the amount of such distribution to Holders of Class M-1 Certificates allocable to interest, separately identifying any Unpaid Class M-1 Interest Shortfall included in such distribution, any remaining Unpaid Class M-1 Interest Shortfall after giving effect to such distribution, any Class M-1 Liquidation Loss Interest Amount included in such distribution and any remaining unpaid Class M-1 Liquidation Loss Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of Class M-1 Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments included therein and any remaining Unpaid Class M-1 Principal Shortfall after giving effect to such distribution; (iii) the Class M-1 Principal Balance and the Class M-1 Adjusted Principal Balance (if different) after giving effect to the distribution of principal on such Remittance Date; (iv) the Class M-1 Percentage for such Remittance Date and the following Remittance Date; and (v) the information described above in Section 6.05(b)(v) through (xviii). In the case of the information in clauses (i) through (iv) above, the amounts shall be expressed as a dollar amount per Class M-1 Certificate with a 1% Percentage Interest or per $1,000 denomination of Class M-1 Certificate. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Class M-1 Certificate a statement containing the applicable distribution information provided pursuant to this Section aggregated for such calendar year or applicable portion thereof during which such Person was the Holder of a Class M-1 Certificate. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time enforced. d. On each Remittance Date, the Trustee shall forward or cause to be forwarded by mail to each Holder of a Class M-2 Certificate a copy of the Monthly Report forwarded to the Holders of Class A Certificates with respect and Class M-1 Certificates on such Remittance Date. The Servicer shall also furnish to amounts the Trustee, which should be shall forward such report to the Class M-2 Certificateholders as part of the Monthly Report, the following information: (i) the amount of such distribution to Holders of Class M-2 Certificates allocable to interest, separately identifying any Unpaid Class M-2 Interest Shortfall included as interest and original issue discount in such Holders' gross income distribution, any remaining Unpaid Class M-2 Interest Shortfall after giving effect to such distribution, any Class M-2 Liquidation Loss Interest Amount included in such distribution and any remaining unpaid Class M-2 Liquidation Loss Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of Class M-2 Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments included therein and any remaining Unpaid Class M-2 Principal Shortfall after giving effect to such distribution; (iii) the Class M-2 Principal Balance and the Class M-2 Adjusted Principal Balance (if different) after giving effect to the distribution of principal on such Remittance Date; (iv) the Class M-2 Percentage for such Remittance Date and the following Remittance Date; and (v) the information described above in Section 6.05(b)(v) through (xviii). In the case of the information in clauses (i) through (iv) above, the amounts shall be expressed as a dollar amount per Class M-2 Certificate with a 1% Percentage Interest or per $1,000 denomination of Class M-2 Certificate. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Class M-2 Certificate a statement containing the applicable distribution information provided pursuant to all Holders this Section aggregated for such calendar year or applicable portion thereof during which such Person was the Holder of Certificates setting forth a Class M-2 Certificate. Such obligation of the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 pursuant to any requirements of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made Code as from time to timetime enforced. e. On each Remittance Date, the Trustee shall forward or cause to be forwarded by mail to each Holder of a Class B-1 Certificate a copy of the Monthly Report forwarded to the Holders of Class A, Class M-1 and Class M-2 Certificates on such Remittance Date. The Servicer shall also furnish to the Trustee, which shall forward such report to the Class B-1 Certificateholders as part of the Monthly Report, the following information: (i) the amount of such distribution to Holders of Class B-1 Certificates allocable to interest, separately identifying any Unpaid Class B-1 Interest Shortfall included in such distribution, any remaining Unpaid Class B-1 Interest Shortfall after giving effect to such distribution, any Class B-1 Liquidation Loss Interest Amount included in such distribution and any remaining Unpaid Class B-1 Liquidation Loss Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of Class B-1 Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

Statements to Certificateholders. (a) Prior to the On each Distribution Date in each month, based upon the information provided to the Trustee on the Servicer's Certificates delivered to the Trustee pursuant to Section 4.01Date, the Trustee shall determine include with each distribution to each Certificate- holder, a statement (which statement shall also be provided to the following Security Insurer and to each Rating Agency) based on information with respect in the Servicer's Certificate delivered on the related Determination Date pursuant to Section 4.9, setting forth for the Collection Period relating to such Distribution DateDate the following information: (i) for each Groupin the case of the Class A and Class B Certificateholders, the amount of such distribution allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and in the case of the Class SES A and Class WIO CertificatesB Certificateholders, the amount of such distribution allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of such distribution payable out of amounts withdrawn from the shortfall and Spread Account or pursuant to a claim on the allocation thereof as between principal and interestPolicy; (iv) the Class A Certificate Balance of each and the Class of Certificates B Certificate Balance, as applicable, (after giving effect to the distribution of principal distributions made on such Distribution Date); (v) for each Loan Group, the Pool Stated Principal Balance for amount of fees paid by the following Distribution DateTrust with respect to such Collection Period; (vi) for each Loan Groupthe amount of the Class A Interest Carryover Shortfall, the Senior Percentage Class A Principal Carryover Shortfall, Class B Interest Carryover Shortfall and the Subordinate Percentage for the following Class B Principal Carryover Shortfall, if any, on such Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for change in such amounts from those of the following prior Distribution Date; (vii) the amount Class A Certificate Factor and the Class B Certificate Factor as of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate Delinquency Ratio, Average Delinquency Ratio, Default Ratio, Average Default Ratio, Net Loss Ratio and Average Net Loss Ratio for each such Class of Certificates (or Component) with respect to such Distribution Determination Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding whether any Trigger Event has occurred as of the close of business on such Distribution Determination Date; (x) for each Loan Group, whether any Trigger Event that may have occurred as of a prior Determination Date is Deemed Cured (as defined in the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosureSpread Account Agreement), as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Determination Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became whether an REO Property during the preceding calendar month, the loan number and Stated Principal Balance Insurance Agreement Event of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof;Default has occurred; and (xii) for each Loan Group, the total number and principal balance of any REO Properties Pool Factor (and market value, if available) as of the close of business after giving effect to distributions made on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate ). Each amount of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Date; (xv) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses subclauses (i) (such amounts broken down by Class of Certificate), (ii) (such amounts broken down by Class of Certificate), (iv) and (ixvi) of Section 5.04(a), the amounts above shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, of original principal balance of a Certificate of the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by related Class. (b) Within the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable prescribed period of time for tax reporting purposes after the end of each calendar yearyear during the term of this Agreement, the Trustee shall furnish mail, to each Person who at any time during the such calendar year was the shall have been a Holder of a Certificate, if requested in writing by such Person, a statement containing the information sum of the amounts set forth in clauses (i), (ii), and (v) (separately indicating amounts in respect of the Class A Certificates and the Class B Certificates in the case of (i) and (ii)) and such other information, requested in writing by the Servicer, if any, as the Servicer determines is necessary to permit the Certificateholder to ascertain its share of Section 5.04(athe gross income and deductions of the Trust (exclusive of the Supplemental Servicing Fee), in each case aggregated for such calendar year or or, in the event such Person shall have been a Holder of a Certificate during a portion of such calendar year, for the applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMICyear, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require for the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations purposes of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to timeCertificateholder's preparation of federal income tax returns.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Americredit Corp)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based upon the information provided a. The Servicer shall prepare and furnish to the Trustee the statements specified below relating to the Class A Certificates, Class M-1 Certificates, Class M-2 Certificates, Class B-1 Certificates, Class B-2 Certificates and Class B-3I Certificates on or before the third Business Day next preceding each Remittance Date. The Trustee and the Servicer shall inform any Certificateholder, ▇▇▇▇▇▇▇ Lynch, ▇▇▇▇▇▇, ▇▇▇▇▇▇ & ▇▇▇▇▇ Incorporated, ▇▇▇▇▇▇ Brothers Inc. and Banc of America Securities LLC inquiring by telephone of the information contained in the most recent Monthly Report. b. Concurrently with each distribution charged to the Certificate Account the Trustee, so long as it has received the Monthly Report from the Servicer's Certificates delivered , shall forward or cause to be forwarded by mail to each Holder of a Class A Certificate and (if the Trustee pursuant to Section 4.01, Company is not the Trustee shall determine Servicer) the following information with respect to such Distribution DateCompany a statement setting forth the following: (i) for each Group, the amount of such distribution to Holders of each Class of Class A Certificates allocable to interest, separately identifying any Unpaid Class A Interest Shortfall included in such distribution and any remaining Unpaid Class A Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of each Class of Class A Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Unpaid Class Unpaid Interest Shortfall or Component Unpaid Interest A Principal Shortfall after giving effect to such distribution; (iii) the amount, if any, by which the distribution to Class A Formula Distribution Amount for such Remittance Date exceeds the Holders of Class A Distribution Amount for such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interestRemittance Date; (iv) the Class Certificate Principal Balance of for each Class of Certificates Class A Certificates, after giving effect to the distribution of principal on such Distribution Remittance Date; (v) the Class A Percentage for each Loan Group, the Pool Stated Principal Balance for such Remittance Date and the following Distribution Remittance Date; (vi) the Pool Scheduled Principal Balance of the Contracts for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution such Remittance Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution DatePool Factor; (viii) the Passnumber and aggregate principal balances of Contracts delinquent (a) 30-Through Rate for each such Class of Certificates 59 days and (b) 60 or Component) with respect to such Distribution Datemore days; (ix) for each Loan Group, the amount number of Periodic Advances included in Manufactured Homes that were repossessed during the distribution on month ending immediately prior to such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Remittance Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans Manufactured Homes that were repossessed but remain in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, inventory as of the close of business on the last day of the calendar month preceding related Due Period ending immediately prior to such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Remittance Date; (xi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan Class M-1 Distribution Test (as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereofset forth in Exhibit N hereto); (xii) for each Loan Group, the total number and principal balance of any REO Properties Class M-2 Distribution Test (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Dateset forth in Exhibit N hereto); (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Class B Distribution DateTest (as set forth in Exhibit N hereto); (xiv) for each Loan Group, the aggregate amount Weighted Average Contract Rate of Realized Losses incurred during the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Dateall outstanding Contracts; (xv) the Class 1-A-SES Notional M-1 Interest Deficiency Amount, the Class 1-A-WIO Notional Amountif any, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Remittance Date; (xvi) the Ancillary Income Class M-2 Interest Deficiency Amount, if any, for such Distribution Remittance Date; and (xvii) the Class SES Compensating B-1 Interest Deficiency Amount, if any, for such Distribution Remittance Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), ) through (iiiv) and (ix) of Section 5.04(a)above, the amounts shall be expressed as a dollar amount per Class A Certificate with a 1% Percentage Interest or per $1,000 denomination. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changesdenomination of Class A Certificate. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, Class A Certificate a statement containing the information set forth in clauses (i) with respect to interest accrued and (ii) of Section 5.04(a), in each case aggregated for principal paid on its Certificates during such calendar year or applicable portion thereof during which such Person was a Certificateholderyear. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code. c. On each Remittance Date, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee shall prepare and provide to the Certificateholders (by mail, telephone, forward or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information cause to be reported forwarded by mail to the Holders each Holder of a Class M-1 Certificate a copy of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be Monthly Report forwarded to the Holders of the Residual Class A Certificates by on such Remittance Date. The Servicer shall also furnish to the Trustee), which shall forward such report to the Class M-1 Certificateholders as part of the Monthly Report, the following information: (i) the amount of such distribution to Holders of Class M-1 Certificates allocable to interest, separately identifying any Unpaid Class M-1 Interest Shortfall included in such distribution, any remaining Unpaid Class M-1 Interest Shortfall after giving effect to such distribution, any Class M-1 Liquidation Loss Interest Amount included in such distribution and any remaining unpaid Class M-1 Liquidation Loss Interest Shortfall after giving effect to such distribution; (ii) the amount of such distribution to Holders of Class M-1 Certificates allocable to principal, separately identifying the aggregate amount of any Principal Prepayments included therein and any remaining Unpaid Class M-1 Principal Shortfall after giving effect to such distribution; (iii) the amount, if any, by which the Class M-1 Formula Distribution Amount for such Remittance Date exceeds the Class M-1 Distribution Amount for such Remittance Date; (iv) the Class M-1 Principal Balance and the Class M-1 Adjusted Principal Balance (if different) after giving effect to the distribution of principal on such Remittance Date; (v) the Class M-1 Percentage for such Remittance Date and the following Remittance Date; and (vi) the information described above in Section 6.05(b)(vi) through (xvii). In the case of the information in clauses (i) through (iv) above, the amounts shall be expressed as a dollar amount per Class M-1 Certificate with a 1% Percentage Interest or per $1,000 denomination of Class M-1 Certificate. Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish or cause to be furnished to each Person who at any time during the calendar year was the Holder of a Class M-1 Certificate a statement containing the applicable distribution information provided pursuant to this Section aggregated for such calendar year or applicable portion thereof during which such Person was the Holder of a Class M-1 Certificate. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time enforced. d. On each Remittance Date, the Trustee shall forward or cause to be forwarded by mail to each Holder of a Class M-2 Certificate a copy of the Monthly Report forwarded to the Holders of Class A Certificates with respect and Class M-1 Certificates on such Remittance Date. The Servicer shall also furnish to amounts the Trustee, which should be shall forward such report to the Class M-2 Certificateholders as part of the Monthly Report, the following information: (i) the amount of such distribution to Holders of Class M-2 Certificates allocable to interest, separately identifying any Unpaid Class M-2 Interest Shortfall included as interest and original issue discount in such Holders' gross income distribution, any remaining Unpaid Class M-2 Interest Shortfall after giving effect to such distribution, any Class M-2 Liquidation Loss Interest Amount included in such distribution and any remaining unpaid Class M-2 Liquidation Loss Interest Shortfall after giving effect to such distribution; (iiiii) information the amount of such distribution to be provided to all Holders of Class M-2 Certificates setting forth allocable to principal, separately identifying the percentage aggregate amount of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.Principal

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Green Tree Financial Corp)

Statements to Certificateholders. (a) Prior to On each Determination Date, the Distribution Date in each month, based upon the information provided Servicer shall provide to the Trustee on the Servicer's Certificates delivered (with a copy to the Trustee pursuant to Section 4.01, Rating Agencies) for the Trustee shall determine to forward to each Certificateholder of record a statement (each a "Distribution Date Statement") setting forth with respect to the related Collection Period at least the following information with respect as to such Distribution Datethe Certificates to the extent applicable: (i) for each Group, the amount of the distribution allocable to principal, separately identifying principal of the aggregate Class A Certificates and the Class B Certificates; the amount of any Principal Prepayments the distribution allocable to interest on the Class A Certificates and Liquidation Proceeds included thereinthe Class B Certificates; (ii) for each Group and the Class SES and Class WIO Certificates, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iii) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (iv) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (vi) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (vii) the amount of the Servicing Fee paid to or retained by the Servicer with respect to each Loan Group and such Distribution Date and, if applicable, the amount of the Supplemental Servicing Fee payable to the Servicer with respect to such Distribution Date; (viii) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ix) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date; (x) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, (B) in foreclosure, as of the close of business on the last day of such Collection Period; (iii) the calendar month amount of the Servicing Fee paid to the Servicer with respect to such Collection Period and the Class A Percentage and Class B Percentage of the Servicing Fee paid to the Servicer with respect to such Collection Period; (iv) the amount of any Class A Interest Carryover Shortfall, Class A Principal Carryover Shortfall, Class B Interest Carryover Shortfall and Class B Principal Carryover Shortfall on the Distribution Date immediately following such Collection Period and the change in such amounts from those with respect to the immediately preceding Distribution Date; (v) the Class A Pool Factor and the Class B Pool Factor as of such Distribution Date Date, after giving effect to payments allocated to principal reported under clause (i) above; (vi) the amount of the aggregate Realized Losses, if any, for such Collection Period; (vii) the aggregate Principal Balance of all Receivables which were more than 30, 60 and (C) in bankruptcy, 90 days delinquent as of the close of business on the last day of such Collection Period; (viii) the calendar month preceding amount on deposit in the Reserve Fund on such Distribution Date, after giving effect to distributions made on such Distribution Date; (ix) the Class A Principal Balance and the Class B Principal Balance as of such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above; (x) the amount otherwise distributable to the Class B Certificateholders that is being distributed to the Class A Certificateholders on such Distribution Date; (xi) for each Loan Group, the aggregate Purchase Amount of Receivables repurchased by the Seller or purchased by the Servicer with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof;Collection Period; and (xii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiii) for each Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xiv) for each Loan Group, the aggregate amount Principal Balance of Realized Losses incurred during all Receivables (excluding the preceding calendar month and for each Group, any Ratio Strip Deferred Amounts for such Distribution Date; (xvPrincipal Balance of Receivables which have become Liquidated Receivables) the Class 1-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for such Distribution Date; (xvi) the Ancillary Income for such Distribution Date; and (xvii) the Class SES Compensating Interest for such Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on which have been repossessed by the Servicer's Certificates, shall make available to each Holder of a Certificate, each Rating Agency and the Servicer a statement setting forth the information . Each amount set forth in Section 5.04(a). In the case of information furnished pursuant to clauses (i), (iiii),(iii) and (ixiv) of Section 5.04(a), the amounts above shall be expressed in the aggregate and as a dollar amount per Certificate with a $1,000 denominationof original denomination of a Certificate. On each Distribution Date, the Trustee shall prepare and furnish to each Financial Market Service, in electronic or Copies of such other format and media mutually agreed upon by the Trustee, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can statements may be obtained by calling Certificate Owners by a request in writing addressed to the Trustee's customer service desk at . (▇▇▇b) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, but not later than the latest date permitted by law, the Trustee shall furnish mail, to each Person who at any time during the such calendar year was the Holder of shall have been a Certificate, if requested in writing by such PersonCertificateholder, a statement provided by the Servicer containing the information set forth sum of the amounts described in clauses (i), (ii), (iii) and (iiiv) of Section 5.04(a), in each case aggregated above for such calendar year or or, in the event such Person shall have been a Certificateholder during a portion of such calendar year, for the applicable portion thereof during which of such year, for the purposes of such Certificateholder's preparation of Federal income tax returns. In addition, the Servicer shall furnish to the Trustee for distribution to such Person was at such time any other information necessary under applicable law for the preparation of such income tax returns. (c) The Servicer, at its own expense, shall cause a Certificateholder. Such obligation firm of the Trustee shall nationally recognized accountants to prepare any state or local tax returns required to be deemed to have been satisfied to the extent that substantially comparable information shall be provided filed by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall deliver to the Holders of Certificates any reports or information the Trustee is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of CertificatesTrust, and the Trustee shall prepare execute and provide file such returns if requested to do so by the Servicer. The Trustee, upon written request, will promptly furnish the Servicer with all such information known to the Certificateholders (by mail, telephone, or publication Trustee as may be permitted by applicable Treasury Regulations) such other reasonable information as reasonably required in connection with the Trustee deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders preparation of all Texas tax returns of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the Trustee), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate or any Certificateholders from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to timeTrust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bank One Texas National Association)

Statements to Certificateholders. (a) Prior to the Distribution Date in each month, based solely upon the information provided to the Trustee Certificate Administrator by the Master Servicer and on the each Servicer's Certificates Certificate delivered to the Trustee Master Servicer pursuant to Section 4.01, the Trustee Certificate Administrator shall determine prepare and make available a statement as to the distributions to be made on such Distribution Date containing the following information with respect to such Distribution Date: (i) the date of such Distribution Date and the Determination Date for such Distribution Date; (ii) for each Class, the applicable Record Date and Interest Accrual Period; (iii) for each Loan Group, the amount allocable to principal, separately identifying the aggregate amount of any Principal Prepayments and Liquidation Proceeds included therein; (iiiv) for each Group and the Class SES and Class WIO CertificatesLoan Group, the amount allocable to interest, any Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall included in such distribution and any remaining Class Unpaid Interest Shortfall or Component Unpaid Interest Shortfall after giving effect to such distribution; (iiiv) if the distribution to the Holders of such Class of Certificates is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation thereof as between principal and interest; (ivvi) the Class Certificate Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (vvii) for each Loan Group, the Pool Stated Principal Balance for the following Distribution Date; (viviii) for each Loan Group, the Senior Percentage and the Subordinate Percentage for the following Distribution Date and the Total Senior Percentage and Aggregate Subordinate Percentage for the following Distribution Date; (viiix) the amount of the Servicing Fee paid to or retained by the each Servicer with respect to each Loan Group and such Distribution Date and, if applicable, Date; (x) the amount of the Supplemental Servicing Certificate Administrator Fee payable to retained by the Servicer Certificate Administrator with respect to such Distribution Date; (viiixi) the Pass-Through Rate for each such Class of Certificates (or Component) with respect to such Distribution Date; (ixxii) for each Loan Group, the amount of Periodic Advances included in the distribution on such Distribution Date and the aggregate amount of Periodic Advances outstanding as of the close of business on such Distribution Date and the amount of Periodic Advances reimbursed since the previous Distribution Date; (xxiii) the amount of Servicing Advances made since the previous Distribution Date and the aggregate amount of Servicing Advances outstanding as of the close of business on such Distribution Date; (xiv) the number and aggregate Stated Principal Balance of the Mortgage Loans, the Net WAC for each Loan Group, the weighted average remaining term to maturity of the Mortgage Loans and the cumulative amount of Principal Prepayments, each as of the close of business on the last day of the calendar month preceding such Distribution Date; (xv) for each Loan Group, the number and aggregate principal amounts of Mortgage Loans (A) delinquent (exclusive of Mortgage Loans in foreclosure) in 30-day increments until foreclosure or in bankruptcy) (1) 1 to 30 days (2) 31 to 60 days (3) 61 to 90 days and (4) 91 or more days, other disposition (B) in foreclosure, as of the close of business on the last day of the calendar month preceding such Distribution Date and (C) in bankruptcy, as of the close of business on the last day of the calendar month preceding such Distribution Date; (xixvi) for each Loan Group, with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and Stated Principal Balance of such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date and the date of acquisition thereof; (xiixvii) for each Loan Group, the total number and principal balance of any REO Properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date; (xiiixviii) for each Loan Group, the Senior Prepayment Percentage and the Subordinate Prepayment Percentage for the following Distribution Date; (xivxix) for each Loan Group, the aggregate amount of Realized Losses incurred during the preceding calendar month and month; (xx) for each Loan Group, the amount of any Ratio Strip Deferred Amounts for Subsequent Recoveries; (xxi) any expenses or indemnification amounts paid by the Trust, the specific purpose of each payment and the parties to whom such payments were made; (xxii) any material modifications, extensions or waivers as to Mortgage Loan terms, fees, penalties or payments since the previous Distribution Date and cumulatively since the Cut-off Date; (xvxxiii) unless such information is set forth in the Class 1Form 10-A-SES Notional Amount, the Class 1-A-WIO Notional Amount, the Class 2-SES Notional Amount, the Class 2-WIO Notional Amount, the Class 3-SES Notional Amount and the Class 3-WIO Notional Amount for D relating to such Distribution Date; (xvi) Date or a prior Form 8-K and provided the Ancillary Income for Certificate Administrator is reasonably able to include such Distribution Dateinformation on the statement, any material breaches of representations and warranties relating to the Mortgage Loans and any material breach of covenants hereunder; and (xviixxiv) the Class SES Compensating Interest for such number and aggregate principal balance of any Mortgage Loans repurchased by the Depositor from the Trust since the previous Distribution Date. (b) No later than each Distribution Date, the Trustee, based upon information supplied to it on the Servicer's Certificates, Certificate Administrator shall make available to each Holder of a Certificate, each Rating Agency and the Servicer on its website at www.usbank.com.mbs a statement substantially in the form of Exhibit T hereto (the "Distribution Date Statement") setting forth the information set forth in Section 5.04(a)) and shall make available a copy of such Distribution Date Statement to the Trustee. Upon written request, the Certificate Administrator shall mail a paper copy of the Distribution Date Statement to any Person that is unable to use www.usbank.com.mbs. The Certificate Administrator shall have the right to change the way statements are distributed in order to make such distribution more convenient and/or accessible to the Certificateholders and the Rating Agencies, and the Certificate Administrator shall provide timely notice to all regarding such changes. In the case of information furnished pursuant to clauses (iiii), (iiiv) and (ixxii) of Section 5.04(a), the amounts shall be expressed as a dollar amount per Certificate with a $1,000 denomination. On each Distribution Date, the Trustee Certificate Administrator shall prepare and furnish to each the Financial Market Service, in electronic or such other format and media mutually agreed upon by the TrusteeCertificate Administrator, the Financial Market Service and the Depositor, the information contained in the statement described in Section 5.04(a) for such Distribution Date. The Trustee will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Trustee's Internet website. The Trustee's Internet website shall initially be located at "w▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. Within a reasonable period of time after the end of each calendar year, the Trustee Certificate Administrator shall furnish to each Person who at any time during the calendar year was the Holder of a Certificate, if requested in writing by such Person, a statement containing the information set forth in clauses (iiii), (iv) and (iiix) of Section 5.04(a), in each case aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee Certificate Administrator pursuant to any requirements of the Code as from time to time in force. The Trustee Certificate Administrator shall deliver to the Holders of Certificates and the Trustee any reports or information the Trustee Certificate Administrator is required by this Agreement or the Code, Treasury Regulations or REMIC Provisions to deliver to the Holders of Certificates, and the Trustee Certificate Administrator shall prepare and provide to the Certificateholders and the Trustee (by mail, telephone, or publication as may be permitted by applicable Treasury Regulations) such other reasonable information as the Trustee Certificate Administrator deems necessary or appropriate or is required by the Code, Treasury Regulations, and the REMIC Provisions including, but not limited to, (i) information to be reported to the Holders of the Residual Certificates for quarterly notices on Schedule Q (Form 1066) (which information shall be forwarded to the Holders of the Residual Certificates by the TrusteeCertificate Administrator), (ii) information to be provided to the Holders of Certificates with respect to amounts which should be included as interest and original issue discount in such Holders' gross income and (iii) information to be provided to all Holders of Certificates setting forth the percentage of each REMIC's assets, determined in accordance with Treasury Regulations using a convention, not inconsistent with Treasury Regulations, selected by the Trustee Certificate Administrator in its absolute discretion, that constitute real estate assets under Section 856 of the Code, and assets described in Section 7701(a)(19)(C) of the Code; provided, however, that in setting forth the percentage of such assets of each REMIC, nothing contained in this Agreement, including without limitation Section 7.03 hereof, shall be interpreted to require the Trustee Certificate Administrator periodically to appraise the fair market values of the assets of the Trust Estate or to indemnify the Trust Estate Estate, any Certificateholders, or any Certificateholders other Person from any adverse federal, state or local tax consequences associated with a change subsequently required to be made in the Depositor's initial good faith determinations of such fair market values (if subsequent determinations are required pursuant to the REMIC Provisions) made from time to time.

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Sources: Pooling and Servicing Agreement (Wachovia Mortgage Loan Trust, Series 2007-A)