Common use of Statements to Securityholders Clause in Contracts

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the Servicer, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 of the Indenture shall make available on its website initially located at “▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇” to each Securityholder, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, the Servicing Certificate setting forth the following information, together with the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, as to the Notes and Certificates, to the extent applicable: (i) the aggregate amount of (a) the Group I Interest Remittance Amount, (b) the Group I Principal Remittance Amount, (b) the Group 2 Interest Remittance Amount, (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) the Additional Balance Advance Interest Distribution Amount and (e) Substitution Amounts for each Loan Group; (ii) amounts paid in respect of the Additional Balances from the Custodial Account; (iii) with respect to each Loan Group the number and Aggregate Loan Balance of the Loans in such Loan Group as of the end of the related Collection Period; (iv) with respect to each Loan Group, the number and aggregate Principal Balances of Loans (a) as to which the Monthly Payment is Delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed, (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the related Collection Period assuming twelve, thirty day months; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (v) with respect to each Loan Group, the weighted average Mortgage Interest Rate for the related Collection Period; (vi) whether or not as an Amortization Event is in effect for the related Payment Date; (vii) the Excluded Amounts, if any, received for the applicable Collection Period; (viii) with respect to each Loan Group, the aggregate Servicing Fees for the related Collection Period; and (ix) with respect to each Loan Group, the aggregate amount recovered during the related Collection Period consisting of all subsequent recoveries on any Loan that was 180 days or more delinquent. The Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Payment Account prior to the related Payment Date pursuant to Section 3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s written request, the Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Servicer to enable the Issuer to perform its federal and state income tax reporting obligations.

Appears in 2 contracts

Sources: Servicing Agreement (Irwin Whole Loan Home Equity Trust 2005-B), Servicing Agreement (Irwin Whole Loan Home Equity Trust 2005-C)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the Servicer, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture shall forward or cause to be forwarded by mail or otherwise make available on its website initially located at “▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇” electronically to each SecurityholderCertificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, the Servicing Certificate a statement setting forth the following information, together with information (the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, "Servicing Certificate") as to the Notes and Certificates, to the extent applicable: (i) the aggregate amount of (a) the Group I Interest Remittance AmountCollections, (b) the Group I Principal Remittance Amount, (b) the Group 2 Interest Remittance Amount, Collections and (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) the Additional Balance Advance Interest Distribution Amount and (e) Substitution Amounts for each Loan GroupAdjustment Amounts; (ii) amounts paid in respect the amount of such distribution as principal to the Additional Balances from the Custodial AccountNoteholders; (iii) with the amount of such distribution as interest to the Noteholders, separately stating the portion thereof in respect to each Loan Group of overdue accrued interest; (iv) the number and Aggregate Loan Pool Balance of the Home Loans in such Loan Group as of the end of the related Collection Period; (ivv) with respect to each Loan Groupthe amount of any Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed; (vi) the number and aggregate Principal Loan Balances of Home Loans (a) as to which the Monthly Payment is Delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed, (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the related Collection Period assuming twelvePeriod; PROVIDED, thirty day months; provided, howeverHOWEVER, that such information will not be provided on the statements relating to the first Payment Date; (vvii) with respect to each Loan Group, the weighted average Mortgage Interest Loan Rate for the related Collection Period; (viviii) whether or not as an Amortization Event is in effect for the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any Liquidation Loss Distribution Amounts with respect to the Notes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance; (ix) the aggregate Excess Loss Amounts with respect to the related Collection Period and the aggregate of the Excess Loss Amounts from all Collection Periods to date; (x) the aggregate Special Hazard Losses and Fraud Losses with respect to the related Collection Period and the aggregate of each of such losses from all Collection Periods to date; (xi) the Note Balance of the Notes and the Certificate Principal Balance of the Certificates after giving effect to the distribution of principal on such Payment Date; (viixii) the Excluded Amounts, if any, received for the applicable Collection Period; (viii) with respect to each Loan Group, the aggregate Servicing Fees for the related Collection Period and the aggregate amount of Draws for the related Collection Period; (xiii) the Outstanding Reserve Amount, the Special Hazard Amount, the Fraud Loss Amount and the Reserve Amount Target immediately following such Payment Date; (a) the number and principal amount of release agreements pursuant to Section 3.05(b)(iv) entered into during the calendar year and since the Closing Date, stated separately, for the Home Loans and, the aggregate outstanding principal amount of such release agreements expressed as a percentage of the Pool Balance with information provided separately with respect to all Unsecured Loans and (b) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into since the Closing Date; and (ixxv) with respect to each Loan Group, the aggregate amount recovered during the related Collection Period consisting of all subsequent recoveries on any Home Loan that was 180 days or more delinquent. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate, as applicable, with a $1,000 denomination. (b) In addition, with respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Credit Enhancer and the Rating Agencies the following information for each Capitalization Workout entered into during the related Collection Period: (i) the original Home Loan amount; (ii) the Home Loan amount after the Capitalization Workout; (iii) the original Monthly Payment amount; (iv) the Monthly Payment amount after the Capitalization Workout; (v) the Capitalized Amount as defined in Section 3.02(a)(v) herein; (vi) the Combined Loan-to-Value Ratio prior to the Capitalization Workout; (vii) the Combined Loan-to-Value Ratio after the Capitalization Workout; and (viii) if an appraisal was used in determining the Combined Loan-to-Value Ratio referred to in (vii) above, the type and date of appraisal. The Master Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Payment Account prior to on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s 's written request, the Master Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Master Servicer to enable the Issuer to perform its federal and state income tax reporting obligations. The Master Servicer shall also forward to the Credit Enhancer and/or its designees any additional information, including without limitation, loss and delinquency information requested by the Credit Enhancer, with respect to the Home Loans.

Appears in 2 contracts

Sources: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc), Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the Servicer, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture shall make forward or cause to be forwarded by mail or made available on its website initially located at “▇▇▇."www.jpmorgam.com/sfr," to each ▇▇▇▇▇▇.▇▇▇/▇▇▇” to each Securityholder▇▇▇▇▇, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, the Servicing Certificate a statement setting forth the following information, together with information (the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, "Servicing Certificate") as to the Notes and Certificates, to the extent applicable: (i) for each of Loan Group I and Loan Group II, the aggregate amount of (a) the Group I Interest Remittance AmountCollections, (b) the Group I Principal Remittance Amount, (b) the Group 2 Interest Remittance Amount, Collections and (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) the Additional Balance Advance Interest Distribution Amount and (e) Substitution Adjustment Amounts for each Loan Groupsuch Collection Period; (ii) amounts the amount paid in respect as principal to the Noteholders of the Additional Balances from the Custodial Accounteach Class of Notes; (iii) with respect to for each of Loan Group I and Loan Group II, the number amount paid as interest to the Noteholders of each Class of Notes, separately stating the portion thereof in respect of Prepayment Interest Shortfalls, Relief Act Shortfalls, Group I Net WAC Cap Shortfalls or Group II Net WAC Cap Shortfalls, if any; (iv) for each of Loan Group I and Aggregate Loan Group II, the aggregate Interest Distribution Amount remaining unpaid, if any, for each Class of Class I Notes and Class II Notes, after giving effect to the payments made on such Payment Date; (v) [Reserved]; (vi) the amount of any draw on the Group I Policy or the Group II Policy for such Payment Date, the amount paid to the Credit Enhancer in reimbursement for prior draws and the aggregate amount of prior draws under the Policies not yet reimbursed; (vii) for each of Loan Group I and Loan Group II, the amount of such distribution as principal and interest to the Certificateholders of the Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Loan Balance thereof; (viii) the aggregate Loan Balance of the Home Equity Loans in such each Loan Group as of the end of the related preceding Collection Period; (ivix) with respect the aggregate amount of Additional Balances on the Group II Loans created during the previous Collection Period conveyed to the Issuer; (x) for each of Loan GroupGroup I and Loan Group II, the number and aggregate Principal Loan Balances of Home Equity Loans (a) as to which the Minimum Monthly Payment is Delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed, foreclosed and (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the related Collection Period assuming twelve, thirty day monthsPeriod; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (vxi) with respect to the Note Rate for each Loan GroupClass of Class I Notes and Class II Notes, the weighted average Mortgage Interest Group I Net WAC Rate and the Group II Net WAC Rate for the related Collection Period; (vixii) whether or not as an Amortization Event is in effect for each of Loan Group I and Loan Group II, the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any Liquidation Loss Distribution Amounts with respect to the Notes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance for such Loan Group; (xiii) the aggregate Excess Loss Amounts with respect to the Group I Loans and the Group II Loans with respect to the related Collection Period and the aggregate of the Excess Loss Amounts with respect to the Group I Loans and the Group II Loans from all Collection Periods to date; (xiv) for each Loan Group, the aggregate Special Hazard Losses, Fraud Losses, Bankruptcy Losses and losses caused by or resulting from an Extraordinary Event with respect to the related Collection Period and the aggregate of each of such losses from all Collection Periods to date; (xv) for each of Loan Group I and Loan Group II, the Security Balance of each related Class of Notes and the Certificate Principal Balance of the related Certificates after giving effect to the distribution of principal on such Payment Date; (viixvi) the Excluded Amounts, if any, received for the applicable Collection Period; (viii) with respect to each Loan Group, the aggregate Servicing Fees for the related Collection Period and the aggregate amount of Draws for the related Collection Period; and; (ixxvii) with respect to the number and amount of any increases in the Credit Limits of the Home Equity Loans during the related Collection Period; (xviii) the Group I Overcollateralization Amount, the Group II Overcollateralization Amount, the Undercollateralization Amount, the Special Hazard Amount for each Loan Group, the aggregate Fraud Loss Amount for each Loan Group, the Bankruptcy Loss Amount for each Loan Group, the Group I Required Overcollateralization Amount immediately following such Payment Date and the Group II Required Overcollateralization Amount immediately following such Payment Date; and (xix) the number and principal amount recovered of release agreements pursuant to Section 3.05(c) entered into during the calendar year and since the Closing Date, stated separately, for the Group II Loans and, the aggregate outstanding principal amount of such release agreements expressed as a percentage of the Pool Balance for Loan Group II with information provided separately with respect to all Unsecured Loans and (2) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into during the calendar year and since the Closing Date, stated separately for each of Loan Group I and Loan Group II and the aggregate outstanding amount of the Capitalization Workouts expressed as a percentage of the respective Pool Balance. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Variable Funding Note, Term Note or Certificate, as applicable, with a $1,000 denomination. If an Amortization Event or Servicing Default shall occur, on the Business Day following the related Collection Period consisting Determination Date, the Master Servicer shall forward to the Indenture Trustee, a statement of all subsequent recoveries on any Loan that was 180 days such effect, including the nature of such Amortization Event or more delinquentServicing Default. The Indenture Trustee shall deliver or cause to be delivered by mail to the Credit Enhancer notice of such Amortization Event or Servicing Default, including, the nature thereof. Such statement may be included in, or separate from, the regular statement to Securityholders. In addition, the Master Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Payment Account prior to on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, shall be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s 's written request, the Master Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Master Servicer to enable the Issuer to perform its federal and state income tax reporting obligations. (b) The Master Servicer shall, on behalf of the Depositor and in respect of the Trust, sign and cause to be filed with the Commission any periodic reports required to be filed under the provisions of the Exchange Act, and the rules and regulations of the Commission thereunder. In connection with the preparation and filing of such periodic reports, the Indenture Trustee shall timely provide to the Master Servicer (I) a list of Holders as shown on the Certificate Register and the Note Register as of the end of each calendar year, (II) copies of all pleadings, other legal process and any other documents relating to any claims, charges and complaints involving the Indenture Trustee, as indenture trustee hereunder, or the Trust that are received by the Indenture Trustee, (III) notice of all matters that, to the actual knowledge of a Responsible Officer of the Indenture Trustee, have been submitted to a vote of the Holders, other than those matters that have been submitted to a vote of the Holders at the request of the Depositor or the Master Servicer, and (IV) notice of any failure of the Indenture Trustee to make any distribution to the Holders as required pursuant to this Agreement. Neither the Master Servicer nor the Indenture Trustee shall have any liability with respect to the Master Servicer's failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer's inability or failure to obtain any information not resulting from the Master Servicer's own negligence or willful misconduct. Any Form 10-K filed with the Commission in connection with this clause (b) shall include a certification, signed by the senior officer in charge of the servicing functions of the Master Servicer, in the form attached as Exhibit E hereto or such other form as may be required or permitted by the Commission (the "Form 10-K Certification"), in compliance with Rules 13a-14 and 15d-14 under the Exchange Act and any additional directives of the Commission. In connection with the Form 10-K Certification, the Indenture Trustee shall provide the Master Servicer with a back-up certification substantially in the form attached hereto as Exhibit F. This Section 4.01(b) may be amended in accordance with this Agreement, but without the Rating Agency confirmations otherwise required by Section 8.01, and without the consent of the Holders.

Appears in 2 contracts

Sources: Servicing Agreement (Residential Funding Mortgage Sec Ii Inc Hm Eq Ln Tr 2004-Hs1), Servicing Agreement (Home Equity Loan Trust 2004-Hs2)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date (or with respect to any Payment Date for which a Credit Enhancement Draw Amount or Dissolution Draw will occur, no later than 12:00 P.M. New York City time, on the second Business Day prior to the applicable Payment Date), the Master Servicer shall forward to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the Servicer, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture shall forward or cause to be forwarded by mail or otherwise make available on its website initially located electronically at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇” to each SecurityholderCertificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, the Servicing Certificate a statement setting forth the following information, together with information (the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, "Servicing Certificate") as to the Notes and Certificates, to the extent applicable: (i) the aggregate amount of (a) the Group I Interest Remittance AmountCollections, (b) the Group I Principal Remittance Amount, (b) the Group 2 Interest Remittance Amount, Collections and (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) the Additional Balance Advance Interest Distribution Amount and (e) Substitution Amounts for each Loan GroupAdjustment Amounts; (ii) amounts paid in respect the amount of such distribution as principal to the Additional Balances from the Custodial AccountNoteholders; (iii) with the amount of such distribution as interest to the Noteholders, separately stating the portion thereof in respect to each Loan Group of overdue accrued interest; (iv) the number and Aggregate Loan Pool Balance of the Home Loans in such Loan Group as of the end of the related Collection Period; (ivv) with respect to each Loan Groupthe amount of any Credit Enhancement Draw Amount or Dissolution Draw, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed; (vi) the number and aggregate Principal Loan Balances of Home Loans (a) as to which the Monthly Payment is Delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed, (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the related Collection Period assuming twelve, thirty day monthsPeriod; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (vvii) with respect to each Loan Group, the weighted average Mortgage Interest Loan Rate for the related Collection Period; (viviii) whether or not as an Amortization Event is in effect for the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any Liquidation Loss Distribution Amounts with respect to the Notes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance; (ix) the aggregate Excess Loss Amounts with respect to the related Collection Period and the aggregate of the Excess Loss Amounts from all Collection Periods to date; (x) the Note Balance of the Notes and the Certificate Principal Balance of the Certificates after giving effect to the distribution of principal on such Payment Date; (viixi) the Excluded Amounts, if any, received for the applicable Collection Period; (viii) with respect to each Loan Group, the aggregate Servicing Fees for the related Collection Period; and; (ixxii) the Outstanding Reserve Amount and the Reserve Amount Target immediately following such Payment Date; (xiii) (a) the number and principal amount of release agreements pursuant to Section 3.05(b)(iv) entered into during the calendar year and since the Closing Date, stated separately, for the Home Loans and, the aggregate outstanding principal amount of such release agreements expressed as a percentage of the Pool Balance with information provided separately with respect to each Loan Group, all Unsecured Loans and (b) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into since the Closing Date; (xiv) the aggregate amount recovered during the related Collection Period consisting of all subsequent recoveries on any Home Loan that was 180 days or more delinquent; and (xv) the amount, if any, to be paid by a Derivative Counterparty under a Derivative Contract. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate, as applicable, with a $1,000 denomination. (b) In addition, with respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Credit Enhancer and the Rating Agencies the following information for each Capitalization Workout entered into during the related Collection Period: (i) the original Home Loan amount; (ii) the Home Loan amount after the Capitalization Workout; (iii) the original Monthly Payment amount; (iv) the Monthly Payment amount after the Capitalization Workout; (v) the Capitalized Amount as defined in Section 3.02(a)(v) herein; (vi) the Combined Loan-to-Value Ratio prior to the Capitalization Workout; (vii) the Combined Loan-to-Value Ratio after the Capitalization Workout; and (viii) if an appraisal was used in determining the Combined Loan-to-Value Ratio referred to in (vii) above, the type and date of appraisal. The Master Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Payment Account prior to on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s 's written request, the Master Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Master Servicer to enable the Issuer to perform its federal and state income tax reporting obligations. The Master Servicer shall also forward to the Credit Enhancer and/or its designees any additional information, including without limitation, loss and delinquency information requested by the Credit Enhancer, with respect to the Home Loans.

Appears in 1 contract

Sources: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)

Statements to Securityholders. Section 4.02 (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the Servicer, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture shall make available on its website initially located at “▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇” forward or cause to be forwarded by mail to each SecurityholderCertificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, the Servicing Certificate a statement setting forth the following information, together with the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, as to the Notes and Certificates, to the extent applicable: (i) the aggregate amount of (a) Security Interest Collections with respect to the Group I Interest Remittance Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the Certificates; (ii) the amount of such distribution to the Securityholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment Date; (iii) the amount of such distribution to the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interest; (iv) the Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed; (v) the aggregate Principal Balance of (a) the ________ Loans, (b) the Group I Principal Remittance Amount, (b) the Group 2 Interest Remittance Amount______ Loans, (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇the _________ Loans, as of the end of the preceding Collection Period and (d) all of the Mortgage Loans; (vi) the Additional Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for the aggregate of the Stated Principal Balance Advance Interest of (A) all of the Mortgage Loans and (B) the Adjustable Rate Mortgage Loans, for the following Collection Period; (vii) the Special Capital Distribution Amount and (e) Substitution Amounts for the Required Special Capital Distribution Amount, in each Loan Group; (ii) amounts paid in respect of the Additional Balances from the Custodial Account; (iii) with respect to each Loan Group the number and Aggregate Loan Balance of the Loans in such Loan Group case as of the end of the related Collection Period; and (viii) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account; (ivix) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Depositor exceeds the Cut-Off Date Pool Balance; (x) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date; (xi) the aggregate Principal Balance of each Loan GroupClass of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date; (xii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Date; (xiii) the amount distributed pursuant to Section 3.05(a)(xi) of the Indenture on such Payment Date; (xiv) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution dates; (xv) the total cash flows received and the general sources thereof; (xvi) the related amount of the Servicing Fees paid to or retained by the Master Servicer for the related Due Period; (xvii) the amount of any Net Swap Payment payable to the Derivative Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Derivative Administrator and any Swap Termination Payment payable to the Swap Provider; (xviii) the Interest Carry Forward Amount and any Basis Risk Shortfall Carry Forward Amount for each Class of Certificates; (xix) the Certificate Principal Balance or Certificate Notional Amount, as applicable, of each Class after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date; (xx) the number and aggregate Stated Principal Balances Balance of the Mortgage Loans in each Loan Group in respect of which (aA) as to which the Monthly one Scheduled Payment is Delinquent for 30-59 daysDelinquent, 60-89 days and 90 (B) two Scheduled Payments are Delinquent, (C) three or more days, respectively, (b) that Scheduled Payments are foreclosed, (c) that have become REO, Delinquent and (dD) that foreclosure proceedings have been finally liquidated due to being 180 days or more delinquentcommenced, in each case as of the end close of business on the last day of the related Collection Period assuming twelvecalendar month preceding such Distribution Date and separately identifying such information for the (1) first lien Mortgage Loans, thirty day months(2) second lien Mortgage Loans, and (3) Adjustable Rate Mortgage Loans, in each such Loan Group; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (vxxi) the amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances at the close of business on the Distribution Date, and the general source of funds for reimbursements; (xxii) the cumulative amount of Applied Realized Loss Amounts to date; (xxiii) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; (xxiv) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the loan number and Stated Principal Balance of, and Realized Loss on, such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date; (xxv) the total number and principal balance of any real estate owned or REO Properties as of the close of business on the Determination Date preceding such Distribution Date; (xxvi) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and separately identifying such information for the (1) first lien Mortgage Loans, and (2) Adjustable Rate Mortgage Loans; (xxvii) the Realized Losses during the related Prepayment Period and the cumulative Realized Losses through the end of the preceding month; (xxviii) whether a Trigger Event exists; (xxix) updated pool composition data including the following with respect to each Loan Group: average loan balance, weighted average mortgage rate, weighted average loan-to-value ratio at origination, weighted average FICO at origination weighted average remaining term; and [NOTE - Item 1121(a)(8) requires updated pool composition information, the weighted average Mortgage Interest Rate for the related Collection Period; (vi) whether or not as an Amortization Event foregoing is in effect for the related Payment Date; (vii) the Excluded Amounts, if any, received for the applicable Collection Period; (viii) with respect a suggestion of what to each Loan Group, the aggregate Servicing Fees for the related Collection Periodprovide]; and (ixxxx) with respect information about any additions of, substitutions for or removal of any Mortgage Loans from the Trust Fund, and any changes in the underwriting, acquisition or selection criteria as to each Loan Groupany Mortgage Loans added to the Trust Fund. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount recovered during the related Collection Period consisting of all subsequent recoveries on any Loan that was 180 days per Note or more delinquent. The Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the IndentureCertificate with a $1,000 denomination. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Depositor, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Custodial Collection Account and deposited into the Payment Account prior to on the related Business Day preceding the Payment Date pursuant to Section 3.033.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s Depositor's written request, the Servicer shall promptly furnish information reasonably requested by the Issuer Depositor that is reasonably available to the Servicer to enable the Issuer Depositor to perform its federal and state income tax reporting obligations.

Appears in 1 contract

Sources: Servicing Agreement (MILA Mortgage Acceptance, Inc.)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the Servicer, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture shall forward or cause to be forwarded by mail or otherwise make available on its website initially located electronically at “▇▇▇.www.jpmorgan.com/sfr to each Certificateholder, Noteholder, the Enhancer, the ▇▇▇▇▇▇.▇▇▇/▇▇▇” itor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information (the "Servicing Certificate") as to the Notes and Certificates, to the extent applicable: (i) the applicable Record Date, Determination Date and Payment Date; (ii) the aggregate amount of payments received with respect to the Mortgage Loans, including prepayment amounts; (iii) the Servicing Fee payable to the Servicer; (iv) the amount of any other fees or expenses paid, and the identity of the party receiving such fees or expenses; (v) the aggregate amount of (a) Interest Collections, (b) Principal Collections, (c) Substitution Adjustment Amounts and (d) Excess Spread, for the related Collection Period; (vi) the amount paid as principal to the Noteholders; (vii) the amount paid as interest to the Noteholders and the amount of any Relief Act Shortfalls for the related Payment Date; (viii) the aggregate amount of interest remaining unpaid, if any, for each of the Notes, after giving effect to the payments made on such Payment Date; (ix) each Policy Draw Amount, if any, for such Payment Date, the aggregate amount of prior draws on the Policy thereunder not yet reimbursed the amount paid to the Credit Enhancer in reimbursement for prior draws; (x) the amount of such distribution as principal and interest to the Certificateholders of the Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Balance thereof; (xi) the aggregate Principal Balance of the Mortgage Loans as of the end of the related Collection Period; (xii) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days, 150-179 days and greater than 180 days, respectively, (b) the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REO Property, in each case as of the end of the related Collection Period; provided, however, that such information shall not be provided on the statements relating to the first Payment Date; (xiii) the number and aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 3.15(a) herein during the related Collection Period; (xiv) the Net WAC Rate for the related Collection Period; (xv) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount distributed as principal to Noteholders in respect of Liquidation Loss Amounts and the aggregate of the Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts) from all Collection Periods to date expressed as dollar amount and as a percentage of the aggregate Cut-Off Date Principal Balances of the Mortgage Loans; (xvi) the aggregate Note Balance and the Certificate Balance after giving effect to the distribution of principal on such Payment Date; (xvii) the balance of the Pre-Funding Account and Capitalized Interest Account, as of the end of the related Collection Period; (xviii) the Percentage Interest applicable to each Securityholderof the Securities, after application of payments made on such Payment Date; (xix) the Overcollateralization Amount as of the end of the related Collection Period; and (xx) the aggregate Principal Balance of Subsequent Mortgage Loans transferred to the Trust Estate during the related Collection Period. In the case of information furnished pursuant to clauses (vi) and (vii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate, as applicable, with a $25,000 denomination per Note and with a denomination equal to a 100% Percentage Interest per Certificate. If a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee a statement to such effect, including the nature of such Servicing Default. The Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall deliver or cause to be delivered by mail to each Certificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, notice of such Servicing Default, including the nature thereof. Such statement may be included in, or separate from, the regular statement made available to Securityholders. The Indenture Trustee will make the Servicing Certificate setting forth (and, at its option, any additional files containing the following informationsame information in an alternative format) available each month to Securityholders, together with the and other information set forth in the monthly statement prepared by parties to this Agreement via the Indenture Trustee pursuant to Section 3.25 of Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "www.jpmorgan.com/sfr." Assistance in using the Indenture, as to the Notes and Certificates, to the extent applicable: (i) the aggregate amount of (a) the Group I Interest Remittance Amount, (b) the Group I Principal Remittance Amount, (b) the Group 2 Interest Remittance Amount, (c) Group website can be obtained by ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ure Trustee's customer service desk at (877) 722-1095. Parties that are unable to use the above distribution options ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) d to have a paper copy mailed to them via first class mail by calling the Additional Balance Advance Interest Distribution Amount customer service desk and (e) Substitution Amounts for each Loan Group; (ii) amounts paid indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in respect of the Additional Balances from the Custodial Account; (iii) with respect order to each Loan Group the number and Aggregate Loan Balance of the Loans in make such Loan Group as of the end of the related Collection Period; (iv) with respect to each Loan Group, the number and aggregate Principal Balances of Loans (a) as to which the Monthly Payment is Delinquent for 30-59 days, 60-89 days and 90 distribution more convenient or more days, respectively, accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Indenture Trustee may require registration and the acceptance of a disclaimer in connection with access to its website. (b) that are foreclosed, (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the related Collection Period assuming twelve, thirty day months; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (v) with respect to each Loan Group, the weighted average Mortgage Interest Rate for the related Collection Period; (vi) whether or not as an Amortization Event is in effect for the related Payment Date; (vii) the Excluded Amounts, if any, received for the applicable Collection Period; (viii) with respect to each Loan Group, the aggregate Servicing Fees for the related Collection Period; and (ix) with respect to each Loan Group, the aggregate amount recovered during the related Collection Period consisting of all subsequent recoveries on any Loan that was 180 days or more delinquent. The Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Note Payment Account prior to or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s 's written request, the Servicer shall promptly furnish such information reasonably requested by the Issuer that is reasonably available to the Servicer to enable the Issuer to perform its federal and state income tax reporting obligations.

Appears in 1 contract

Sources: Servicing Agreement (GMACM Home Equity Loan Trust 2006-He2)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee monthly Servicing Reports in a report containing the information found on their servicing system (Fidelity) in reports P139, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “mutually agreeable electronic format. The Servicing Certificate”). Based solely on the information provided by the Servicer, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 of the Indenture Reports shall make available on its website initially located at “▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇” to each Securityholder, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, the Servicing Certificate setting set forth the following information, together with the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, as to the Notes and Certificates, to the extent applicable: (i) the aggregate amount of (a) Interest Collections, (b) Principal Collections, (c) Substitution Adjustment Amounts and (d) Investor P&I Collections; (ii) (a) the Group I Interest Remittance Amountaggregate Loan Balance of the Home Equity Loans as of the end of the preceding Billing Cycle, (b) the Group I Principal Remittance Amount, (b) the Group 2 Interest Remittance Investor Amount, (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, the aggregate Loan Balance of the Mortgage Loans and (d) the Additional aggregate Loan Balance Advance Interest Distribution Amount and (e) Substitution Amounts for each Loan Group; (ii) amounts paid in respect of the Additional Balances from the Custodial AccountRevolving Credit Loans; (iii) with respect to each Loan Group the number and Aggregate Loan Balance Revolving Credit Loans, the aggregate amount of Additional Balances created during the Loans in such Loan Group as of previous Billing Cycle conveyed to the end of the related Collection PeriodIssuer; (iv) with respect to each Loan Group, the number and aggregate Principal Loan Balances of Home Equity Loans (a) as to which the Minimum Monthly Payment is Delinquent delinquent (as calculated by the OTS Method) for 30-30 59 days, 60-60 to 89 days days, and 90 or more days, respectively, (b) that are foreclosed, foreclosed and (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the related Collection Period assuming twelve, thirty day monthspreceding Billing Cycle; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (v) the aggregate Liquidation Loss Amounts with respect to each Loan Groupthe related Billing Cycle, the weighted average Mortgage Interest Rate for amount of any Liquidation Loss Distribution Amounts with respect to the related Collection PeriodNotes, and the aggregate of the Liquidation Loss Amounts from all Billing Cycles to date expressed as dollars and as a percentage of the aggregate Cut off Date Loan Balance; (vi) whether or not as an Amortization Event is in effect the aggregate Servicing Fees for the related Billing Cycle and the aggregate amount of Draws for the related Billing Cycle; (vii) the aggregate outstanding principal balance of the three Home Equity Loans having the largest outstanding principal balances or Credit Limits, as applicable for the related Billing Cycle; (viii) the number and aggregate outstanding principal balances of the Charge Off Loans and of the Home Equity Loans which are 180 or more days delinquent in the payment of all or any portion of the scheduled interest or principal for the related Billing Cycle; (ix) the 60+ Delinquency Percentage (Rolling Six Month) for the related Billing Cycle; (x) the number and the aggregate Loan Balances of Liquidated Home Equity Loans for the related Billing Cycle; and (xi) the number and the aggregate Loan Balances of Home Equity Loans having an outstanding principal balance (or any other amounts owing but otherwise unpaid) as of or following the final maturity date as set forth in the Related Documents respecting such Home Equity Loans. (b) The Indenture Trustee pursuant to Section 3.26 of the Indenture shall prepare its monthly Statement based solely on the information contained in the Servicing Reports and shall make available such Statements to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency. The Indenture Trustee may conclusively rely on the correctness of the information contained in the Servicing Reports, without independent verification thereof. The Statements to Securityholders shall contain the information in the Servicing Report and the following information: (i) the amount of any distribution of principal to the Noteholders; (ii) the amount of any distribution of interest to the Noteholders, separately stating the portion thereof in respect of overdue accrued interest; (iii) the amount of any Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed; (iv) the amount of such distribution as principal and interest to the Certificateholders of each Class of Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Principal Balance thereof; (v) the weighted average Net Loan Rate for the related Billing Cycle; (vi) the Security Balance of the Notes and the Class Principal Balance of each Class of Certificates after giving effect to the distribution of principal on such Payment Date; (vii) the Excluded Amounts, if any, received Required Overcollateralization Amount for the applicable Collection Period;related Payment Date; and (viii) with respect to each Loan Group, the aggregate Servicing Fees Overcollateralization Amount for the related Collection Period; and Payment Date. In the case of information furnished pursuant to clauses (ixi) with respect to each Loan Groupand (ii) above, the amounts shall be expressed as an aggregate dollar amount recovered during the related Collection Period consisting of all subsequent recoveries on any Loan that was 180 days per Note or more delinquentCertificate, as applicable, with a $1,000 denomination. The Indenture Trustee will make the monthly statement (and, at its option, any additional files containing the same information in an alternative format) available each month to the Noteholders, the Certificateholders, and the other parties described in the second preceding paragraph via the Indenture Trustee’s internet website. The Indenture Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Indenture Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above Statement distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way monthly Statements are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders and the Certificateholders and the Indenture Trustee shall provide timely and adequate notification to all the Noteholders and the Certificateholders regarding any such changes. The Indenture Trustee shall deliver to the Credit Enhancer a paper copy of such monthly Statements. In addition, the Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions payments pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Collection Account and deposited into the Payment Account prior to the related Payment on such Determination Date pursuant to Section 3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee Certificate Paying Agent and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s written request, the Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Servicer to enable the Issuer to perform its federal and state income tax reporting obligations.

Appears in 1 contract

Sources: Servicing Agreement (MSCC HELOC Trust 2007-1)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the Servicer, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture shall make available on its website initially located at “▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇” forward or cause to be forwarded by mail to each SecurityholderCertificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, the Servicing Certificate a statement setting forth the following information, together with information (the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, "Servicing Certificate") as to the Notes and Certificates, to the extent applicable: (i) the aggregate amount of (a) the Group I Interest Remittance AmountCollections, (b) the Group I Principal Remittance Amount, (b) the Group 2 Interest Remittance Amount, Collections and (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) the Additional Balance Advance Interest Distribution Amount and (e) Substitution Amounts for each Loan GroupAdjustment Amounts; (ii) amounts paid in respect the amount of such distribution as principal to the Additional Balances from the Custodial AccountNoteholders; (iii) with the amount of such distribution as interest to the Noteholders, separately stating the portion thereof in respect to each Loan Group of overdue accrued interest; (iv) the number and Aggregate Loan Pool Balance of the Home Loans in such Loan Group as of the end of the related Collection Period; (ivv) with respect to each Loan Groupthe amount of any Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed; (vi) the number and aggregate Principal Loan Balances of Home Loans (a) as to which the Monthly Payment is Delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed, (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the related Collection Period assuming twelve, thirty day monthsPeriod; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (vvii) with respect to each Loan Group, the weighted average Mortgage Interest Loan Rate for the related Collection Period; (viviii) whether or not as an Amortization Event is in effect for the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any Liquidation Loss Distribution Amounts with respect to the Notes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance; (ix) the aggregate Excess Loss Amounts with respect to the related Collection Period and the aggregate of the Excess Loss Amounts from all Collection Periods to date; (x) the aggregate Special Hazard Losses and Fraud Losses with respect to the related Collection Period and the aggregate of each of such losses from all Collection Periods to date; (xi) the Note Balance of the Notes and the Certificate Principal Balance of the Certificates after giving effect to the distribution of principal on such Payment Date; (viixii) the Excluded Amounts, if any, received for the applicable Collection Period; (viii) with respect to each Loan Group, the aggregate Servicing Fees for the related Collection Period and the aggregate amount of Draws for the related Collection Period; (xiii) the Outstanding Reserve Amount, the Special Hazard Amount, the Fraud Loss Amount and the Reserve Amount Target immediately following such Payment Date; (a) the number and principal amount of release agreements pursuant to Section 3.05(b)(iv) entered into during the calendar year and since the Closing Date, stated separately, for the Home Loans and, the aggregate outstanding principal amount of such release agreements expressed as a percentage of the Pool Balance with information provided separately with respect to all Unsecured Loans and (b) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into since the Closing Date; and (ixxv) with respect to each Loan Group, the aggregate amount recovered during the related Collection Period consisting of all subsequent recoveries on any Home Loan that was 180 days or more delinquent. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate, as applicable, with a $1,000 denomination. (b) In addition, with respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Credit Enhancer and the Rating Agencies the following information for each Capitalization Workout entered into during the related Collection Period: (i) the original Home Loan amount; (ii) the Home Loan amount after the Capitalization Workout; (iii) the original Monthly Payment amount; (iv) the Monthly Payment amount after the Capitalization Workout; (v) the Capitalized Amount as defined in Section 3.02(a)(v) herein; (vi) the Combined Loan-to-Value Ratio prior to the Capitalization Workout; (vii) the Combined Loan-to-Value Ratio after the Capitalization Workout; and (viii) if an appraisal was used in determining the Combined Loan-to-Value Ratio referred to in (vii) above, the type and date of appraisal. The Master Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Payment Account prior to on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s 's written request, the Master Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Master Servicer to enable the Issuer to perform its federal and state income tax reporting obligations. The Master Servicer shall also forward to the Credit Enhancer and/or its designees any additional information, including without limitation, loss and delinquency information requested by the Credit Enhancer, with respect to the Home Loans.

Appears in 1 contract

Sources: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the Servicer, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture shall make forward or cause to be forwarded by mail or made available on its website initially located at “▇▇▇."www.jpmorgam.com/sfr," to each ▇▇▇▇▇▇.▇▇▇/▇▇▇” to each Securityholder▇▇▇▇▇, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, the Servicing Certificate a statement setting forth the following information, together with information (the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, "Servicing Certificate") as to the Notes and Certificates, to the extent applicable: (i) for each of Loan Group I and Loan Group II, the aggregate amount of (a) the Group I Interest Remittance AmountCollections, (b) the Group I Principal Remittance Amount, (b) the Group 2 Interest Remittance Amount, Collections and (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) the Additional Balance Advance Interest Distribution Amount and (e) Substitution Adjustment Amounts for each Loan Groupsuch Collection Period; (ii) amounts the amount paid in respect as principal to the Noteholders of the Additional Balances from the Custodial Accounteach Class of Notes; (iii) with respect to for each of Loan Group I and Loan Group II, the number amount paid as interest to the Noteholders of each Class of Notes, separately stating the portion thereof in respect of Prepayment Interest Shortfalls, Relief Act Shortfalls, Group I Net WAC Cap Shortfalls or Group II Net WAC Cap Shortfalls, if any; (iv) for each of Loan Group I and Aggregate Loan Group II, the aggregate Interest Distribution Amount remaining unpaid, if any, for each Class of Class I Notes and Class II Notes, after giving effect to the payments made on such Payment Date; (v) [Reserved]; (vi) the amount of any draw on the Group I Policy or the Group II Policy for such Payment Date, the amount paid to the Credit Enhancer in reimbursement for prior draws and the aggregate amount of prior draws under the Policies not yet reimbursed; (vii) for each of Loan Group I and Loan Group II, the amount of such distribution as principal and interest to the Certificateholders of the Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Loan Balance thereof; (viii) the aggregate Loan Balance of the Home Equity Loans in such each Loan Group as of the end of the related preceding Collection Period; (ivix) with respect the aggregate amount of Additional Balances on the Group II Loans created during the previous Collection Period conveyed to the Issuer; (x) for each of Loan GroupGroup I and Loan Group II, the number and aggregate Principal Loan Balances of Home Equity Loans (a) as to which the Minimum Monthly Payment is Delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed, foreclosed and (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the related Collection Period assuming twelve, thirty day monthsPeriod; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (vxi) with respect to the Note Rate for each Loan GroupClass of Class I Notes and Class II Notes, the weighted average Mortgage Interest Group I Net WAC Rate and the Group II Net WAC Rate for the related Collection Period; (vixii) whether or not as an Amortization Event is in effect for each of Loan Group I and Loan Group II, the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any Liquidation Loss Distribution Amounts with respect to the Notes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance for such Loan Group; (xiii) the aggregate Excess Loss Amounts with respect to the Group I Loans and the Group II Loans with respect to the related Collection Period and the aggregate of the Excess Loss Amounts with respect to the Group I Loans and the Group II Loans from all Collection Periods to date; (xiv) for each Loan Group, the aggregate Bankruptcy Losses and losses caused by or resulting from an Extraordinary Event with respect to the related Collection Period and the aggregate of each of such losses from all Collection Periods to date; (xv) for each of Loan Group I and Loan Group II, the Security Balance of each related Class of Notes and the Certificate Principal Balance of the related Certificates after giving effect to the distribution of principal on such Payment Date; (viixvi) the Excluded Amounts, if any, received for the applicable Collection Period; (viii) with respect to each Loan Group, the aggregate Servicing Fees for the related Collection Period; and (ix) with respect to each Loan Group, Period and the aggregate amount recovered of Draws for the related Collection Period; (xvii) the number and amount of any increases in the Credit Limits of the Home Equity Loans during the related Collection Period consisting Period; (xviii) the Group I Overcollateralization Amount, the Group II Overcollateralization Amount, the Undercollateralization Amount, the Group I Required Overcollateralization Amount immediately following such Payment Date and the Group II Required Overcollateralization Amount immediately following such Payment Date; and the number and principal amount of release agreements pursuant to Section 3.05(c) entered into during the calendar year and since the Closing Date, stated separately, for the Group II Loans and, the aggregate outstanding principal amount of such release agreements expressed as a percentage of the Pool Balance for Loan Group II with information provided separately with respect to all subsequent recoveries Unsecured Loans and (2) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into during the calendar year and since the Closing Date, stated separately for each of Loan Group I and Loan Group II and the aggregate outstanding amount of the Capitalization Workouts expressed as a percentage of the respective Pool Balance. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Variable Funding Note, Term Note or Certificate, as applicable, with a $1,000 denomination. If an Amortization Event or Servicing Default shall occur, on any Loan that was 180 days the Business Day following the related Determination Date, the Master Servicer shall forward to the Indenture Trustee, a statement of such effect, including the nature of such Amortization Event or more delinquentServicing Default. The Indenture Trustee shall deliver or cause to be delivered by mail to the Credit Enhancer notice of such Amortization Event or Servicing Default, including, the nature thereof. Such statement may be included in, or separate from, the regular statement to Securityholders. In addition, the Master Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Payment Account prior to on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, shall be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s 's written request, the Master Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Master Servicer to enable the Issuer to perform its federal and state income tax reporting obligations. (b) The Master Servicer shall, on behalf of the Depositor and in respect of the Trust, sign and cause to be filed with the Commission any periodic reports required to be filed under the provisions of the Exchange Act, and the rules and regulations of the Commission thereunder. In connection with the preparation and filing of such periodic reports, the Indenture Trustee shall timely provide to the Master Servicer (I) a list of Holders as shown on the Certificate Register and the Note Register as of the end of each calendar year, (II) copies of all pleadings, other legal process and any other documents relating to any claims, charges and complaints involving the Indenture Trustee, as indenture trustee hereunder, or the Trust that are received by the Indenture Trustee, (III) notice of all matters that, to the actual knowledge of a Responsible Officer of the Indenture Trustee, have been submitted to a vote of the Holders, other than those matters that have been submitted to a vote of the Holders at the request of the Depositor or the Master Servicer, and (IV) notice of any failure of the Indenture Trustee to make any distribution to the Holders as required pursuant to this Agreement. Neither the Master Servicer nor the Indenture Trustee shall have any liability with respect to the Master Servicer's failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer's inability or failure to obtain any information not resulting from the Master Servicer's own negligence or willful misconduct. Any Form 10-K filed with the Commission in connection with this clause (b) shall include a certification, signed by the senior officer in charge of the servicing functions of the Master Servicer, in the form attached as Exhibit E hereto or such other form as may be required or permitted by the Commission (the "Form 10-K Certification"), in compliance with Rules 13a-14 and 15d-14 under the Exchange Act and any additional directives of the Commission. In connection with the Form 10-K Certification, the Indenture Trustee shall provide the Master Servicer with a back-up certification substantially in the form attached hereto as Exhibit F. This Section 4.01(b) may be amended in accordance with this Agreement, but without the Rating Agency confirmations otherwise required by Section 8.01, and without the consent of the Holders.

Appears in 1 contract

Sources: Servicing Agreement (Home Equity Loan Trust 2005-Hs1)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward the Servicing Certificate and a computer file containing mutually agreed upon loan level information to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139Trustee, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the ServicerTrustee, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture Indenture, shall make such Servicing Certificate available on its website initially located at “▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇” to each SecurityholderCertificateholder, each Noteholder, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, with a copy to the Enhancer. The Servicing Certificate setting shall set forth the following information, together with the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, as to the Notes and Certificates, to the extent applicable: (i) the aggregate amount of (a) the Group I Interest Remittance AmountCollections, (b) the Group I Principal Remittance AmountCollections, (b) the Group 2 Interest Remittance Amount, and (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) the Additional Balance Advance Interest Distribution Amount and (e) Substitution Adjustment Amounts for each Loan Groupsuch Collection Period; (ii) amounts paid in respect the amount of such distribution as principal to the Additional Balances from the Custodial AccountNoteholders of each Class of Notes; (iii) with the amount of such distribution as interest to the Noteholders of each Class of Notes, the amount thereof, if any, payable in respect of unpaid Interest Shortfalls, and the amount of any Interest Shortfalls for the related Payment Date; (iv) the Policy Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed; (v) the amount of such distribution to each Loan Group the number and Aggregate Loan Certificateholders; (vi) the aggregate Principal Balance of the Mortgage Loans in such Loan Group as of the end of the related preceding Collection Period; (ivvii) with respect to each Loan Group, the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Monthly Payment is Delinquent delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days and 90 or more 150-179 days, respectively, (b) that are foreclosed, the related Mortgaged Property of which has been foreclosed upon and (c) that have as to which the related Mortgaged Property has become REO, and (d) that have been finally liquidated due to being 180 days or more delinquentREO Property, in each case as of the end of the related preceding Collection Period assuming twelve, thirty day monthsPeriod; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date; (vviii) the aggregate Liquidation Loss Amounts with respect to each Loan Groupthe related Collection Period, the weighted average amount distributed as principal to Noteholders in respect of Liquidation Loss Amounts and the aggregate of the Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts) from all Collection Periods to date expressed as dollar amount and as a percentage of the aggregate Cut-Off Date Principal Balances of the Mortgage Loans; (ix) the aggregate Note Balance of each Class of Notes and the Certificate Balance of the Certificates after giving effect to the distribution of principal on such Payment Date; (x) during the Pre-Funding Period the amount on deposit in each of the Pre-Funding Account and Capitalized Interest Account as of the end of the preceding Collection Period; (xi) the Percentage Interest applicable to each of the Securities, after application of payments made on such Payment Date; (xii) the Overcollateralization Amount as of the end of the preceding Collection Period; (xiii) the Weighted Average Net Loan Rate for the Mortgage Loans for the related Collection Period; (vi) whether or not as an Amortization Event is in effect for the related Payment Date; (viixiv) the Excluded Amounts, if any, received for the applicable number and aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 3.15 herein during such Collection Period; (viii) with respect to each Loan Group, the aggregate Servicing Fees for the related Collection Period; and (ixxv) the aggregate Principal Balance of Subsequent Mortgage Loans transferred to the Trust Estate. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note, as applicable, with respect a $25,000 denomination and per Certificate with a denomination equal to a 100% Percentage Interest. In the case of information furnished pursuant to clause (iii) above for the Class A-IO Notes, the amount shall be expressed as an aggregate dollar amount with a $1,000,000 denomination. If a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee, a statement to such effect, including the nature of such Servicing Default. The Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall deliver or cause to be delivered by mail to each Loan GroupCertificateholder, each Noteholder, the aggregate amount recovered during Enhancer, the related Collection Period consisting Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, notice of such Servicing Default, including the nature of such Servicing Default. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the Servicing Certificate (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "www.ctslink.com". Assistance ▇▇ ▇▇▇▇▇ ▇▇▇ ▇ebsite can be obtained by calling the Indenture Trustee's customer service desk at 301-815-6600. Parties that ▇▇▇ ▇▇▇▇▇▇ to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all subsequent recoveries on above parties regarding any Loan that was 180 days or more delinquentsuch changes. The Indenture Trustee may require registration and the acceptance of a disclaimer in connection with access to its website. (b) The Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Note Payment Account prior to and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.033.03 hereof. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s 's written request, the Servicer shall promptly furnish such information reasonably requested by the Issuer that is reasonably available to the Servicer to enable the Issuer to perform its federal and state income tax reporting obligations.

Appears in 1 contract

Sources: Servicing Agreement (Gmacm Home Equity Loan Trust 2003-He2)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward the Servicing Certificate and a computer file containing mutually agreed upon loan level information to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139Trustee, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the ServicerTrustee, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture Indenture, shall make such Servicing Certificate available on its website initially located at “▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇” to each SecurityholderCertificateholder, each Noteholder, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, with a copy to the Enhancer. The Servicing Certificate setting shall set forth the following information, together with the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, as to the Notes and Certificates, to the extent applicable: (i) the aggregate amount of (a) the Group I Interest Remittance AmountCollections, (b) the Group I Principal Remittance AmountCollections, (b) the Group 2 Interest Remittance Amount, and (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) the Additional Balance Advance Interest Distribution Amount and (e) Substitution Adjustment Amounts for each Loan Groupsuch Collection Period; (ii) amounts paid in respect the amount of such distribution as principal to the Additional Balances from the Custodial AccountNoteholders of each Class of Notes; (iii) with the amount of such distribution as interest to the Noteholders of each Class of Notes, the amount thereof, if any, payable in respect of unpaid Interest Shortfalls, and the amount of any Interest Shortfalls for the related Payment Date; (iv) the Policy Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed; (v) the amount of such distribution to each Loan Group the number and Aggregate Loan Certificateholders; (vi) the aggregate Principal Balance of the Mortgage Loans in such Loan Group as of the end of the related preceding Collection Period; (ivvii) with respect to each Loan Group, the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Monthly Payment is Delinquent delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days and 90 or more 150-179 days, respectively, (b) that are foreclosed, the related Mortgaged Property of which has been foreclosed upon and (c) that have as to which the related Mortgaged Property has become REO, and (d) that have been finally liquidated due to being 180 days or more delinquentREO Property, in each case as of the end of the related preceding Collection Period assuming twelve, thirty day monthsPeriod; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date; (vviii) the aggregate Liquidation Loss Amounts with respect to each Loan Groupthe related Collection Period, the weighted average amount distributed as principal to Noteholders in respect of Liquidation Loss Amounts and the aggregate of the Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts) from all Collection Periods to date expressed as dollar amount and as a percentage of the aggregate Cut-Off Date Principal Balances of the Mortgage Loans; (ix) the aggregate Note Balance of each Class of Notes and the Certificate Balance of the Certificates after giving effect to the distribution of principal on such Payment Date; (x) the Percentage Interest Rate for applicable to each of the related Securities, after application of payments made on such Payment Date; (xi) the Overcollateralization Amount as of the end of the preceding Collection Period; (vixii) whether or not as an Amortization Event is in effect the Weighted Average Net Loan Rate for the related Payment Date; (vii) the Excluded Amounts, if any, received for the applicable Collection Period; (viii) with respect to each Loan Group, the aggregate Servicing Fees Mortgage Loans for the related Collection Period; and (ixxiii) the number and aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 3.15 herein during such Collection Period. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note, as applicable, with respect a $xx,xxx denomination and per Certificate with a denomination equal to a xxx% Percentage Interest. In the case of information furnished pursuant to clause (iii) above for the Class A-IO Notes, the amount shall be expressed as an aggregate dollar amount with a $xxx,xxx,xxx denomination. If a Servicing Default shall occur, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Indenture Trustee, a statement to such effect, including the nature of such Servicing Default. The Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall deliver or cause to be delivered by mail to each Loan GroupCertificateholder, each Noteholder, the aggregate amount recovered during Enhancer, the related Collection Period consisting Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, notice of all subsequent recoveries on any Loan that was 180 days such Servicing Default, including the nature of such Servicing Default. Such statement may be included in, or more delinquentseparate from, the regular statement sent to Securityholders. The Indenture Trustee will make the Servicing Certificate (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee’s internet website. The Indenture Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Indenture Trustee’s customer service desk at xxx-xxx-xxxx. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Indenture Trustee may require registration and the acceptance of a disclaimer in connection with access to its website. (b) The Master Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Note Payment Account prior to and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.033.03 hereof. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s written request, the Master Servicer shall promptly furnish such information reasonably requested by the Issuer that is reasonably available to the Master Servicer to enable the Issuer to perform its federal and state income tax reporting obligations. (c) The Master Servicer shall, on behalf of the Depositor and in respect of the Trust Fund, sign and cause to be filed with the Commission any periodic reports required to be filed under the provisions of the Exchange Act, and the rules and regulations of the Commission thereunder. In connection with the preparation and filing of such periodic reports, the Indenture Trustee shall timely provide to the Master Servicer (I) a list of Noteholders as shown on the Note Register as of the end of each calendar year, (II) copies of all pleadings, other legal process and any other documents relating to any claims, charges or complaints involving the Indenture Trustee, as trustee, or the Trust Estate that are received by the Indenture Trustee, (III) notice of all matters that, to the actual knowledge of a Responsible Officer of the Indenture Trustee, have been submitted to a vote of the Noteholders or Certificateholders, other than those matters that have been submitted to a vote of the Noteholders or Certificateholders at the request of the Depositor or the Master Servicer, and (IV) notice of any failure of the Indenture Trustee to make any distribution to the Noteholders or Certificateholders as required pursuant to the Indenture or Trust Agreement, as applicable. Neither the Master Servicer nor the Indenture Trustee shall have any liability with respect to Master Servicer’s failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from the Master Servicer’s own negligence or willful misconduct. Any Form 10-K filed with the Commission in connection with this Section 4.01(c) shall include a certification, signed by the senior officer in charge of the servicing functions of the Master Servicer, in the form attached as Exhibit D-1 hereto or such other form as may be required or permitted by the Commission (the “Form 10-K Certification”), in compliance with Rule 13a-14 and 15d-14 under the Exchange Act and any additional directives of the Commission. In connection with the Form 10-K Certification, the Indenture Trustee shall provide the Master Servicer with a back-up certification substantially in the form attached hereto as Exhibit D-2.

Appears in 1 contract

Sources: Master Servicing Agreement (SG Mortgage Securities, LLC)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee monthly Servicing Reports in a report containing the information found on their servicing system (Fidelity) in reports P139, P195, S214 mutually agreeable electronic format and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the Servicer, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture shall make available prepare its monthly statement based solely on its website initially located at “▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇” the Servicing Reports and shall provide such Statements to each SecurityholderCertificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, . The Indenture Trustee may conclusively rely on the correctness of the Servicing Certificate setting Reports, without independent verification thereof. The Servicing Reports shall set forth the following information, together with the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, as to the Notes and Certificates, to the extent applicable: (i) the aggregate amount of (a) the Group I Interest Remittance AmountCollections, (b) the Group I Principal Remittance Amount, (b) the Group 2 Interest Remittance AmountCollections, (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) the Additional Balance Advance Interest Distribution Amount Substitution Adjustment Amounts and (ed) Substitution Amounts for each Loan GroupInvestor P&I Collections; (ii) amounts paid in respect the amount of such distribution as principal to the Additional Balances from the Custodial AccountNoteholders; (iii) with the amount of such distribution as interest to the Noteholders, separately stating the portion thereof in respect of overdue accrued interest; (iv) the amount of any Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed; (v) the amount of such distribution as principal and interest to each Loan Group the number and Aggregate Certificateholders of the Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Principal Balance thereof; (vi) the aggregate Loan Balance of the Revolving Credit Loans in such Loan Group as of the end of the related preceding Collection PeriodPeriod and the Investor Amount; (ivvii) with respect the aggregate amount of Additional Balances created during the previous Collection Period conveyed to each Loan Group, the Issuer; (viii) the number and aggregate Principal Loan Balances of Revolving Credit Loans (a) as to which the Minimum Monthly Payment is Delinquent delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed, foreclosed and (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the related preceding Collection Period assuming twelve, thirty day monthsPeriod; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (vix) with respect to each Loan Group, the weighted average Mortgage Interest Net Loan Rate for the related Collection Period; (vix) whether or not as an Amortization Event is in effect for the aggregate Liquidation Loss Amounts with respect to the related Payment DateCollection Period, the amount of any Liquidation Loss Distribution Amounts with respect to the Notes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance; (viixi) the Excluded Amounts, if any, received for Note Balance of each Class of Notes and the applicable Collection Period;Certificate Principal Balance of the Certificates after giving effect to the distribution of principal on such Payment Date; and (viiixii) with respect to each Loan Group, the aggregate Servicing Fees for the related Collection Period; and (ix) with respect to each Loan Group, Period and the aggregate amount recovered during of Draws for the related Collection Period consisting Period. In the case of all subsequent recoveries on any Loan that was 180 days information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or more delinquentCertificate, as applicable, with a $1,000 denomination. The Indenture Trustee may make available each month, to any interested party, the monthly statement to Noteholders and Certificateholders via the Indenture Trustee's website, electronic bulletin board and its fax-on-demand service. The Indenture Trustee's website will be located at "▇▇▇.▇▇▇▇▇▇▇.▇▇▇". The Indenture Trustee's electronic bulletin board may be accessed by calling (▇▇▇) ▇▇▇-▇▇▇▇, and its fax-on-demand service may be accessed by calling (301) 815-6610. In addition, the Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Collection Account and deposited into the Payment Account prior to the related Payment on such Determination Date pursuant to Section 3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s 's written request, the Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Servicer to enable the Issuer to perform its federal and state income tax reporting obligations.

Appears in 1 contract

Sources: Servicing Agreement (Morgan Stanley Abs Capital I Inc)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the Servicer, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture shall make available on its website initially located at “▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇” forward or cause to be forwarded by mail to each SecurityholderCertificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, the Servicing Certificate a statement setting forth the following information, together with information (the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, "Servicing Certificate") as to the Notes and Certificates, to the extent applicable: (ia) for each Loan Group, the aggregate amount of (a) the Group I Interest Remittance AmountCollections, (b) the Group I Principal Remittance Amount, Collections and (c) Substitution Adjustment Amounts for such Collection Period; (b) the Group 2 Interest Remittance Amount, amount paid as principal to the Noteholders of each Class of Notes; (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) the Additional Balance Advance Interest Distribution Amount and (e) Substitution Amounts for each Loan Group, the amount paid as interest to the Noteholders of each Class of Notes, separately stating the portion thereof in respect of Prepayment Interest Shortfalls, Relief Act Shortfalls, Group I Net WAC Cap Shortfalls or Group II Net WAC Cap Shortfalls, if any; (iid) amounts paid in respect for each Loan Group, the aggregate Interest Distribution Amount remaining unpaid, if any, for each Class of Class I Notes and Class II Notes, after giving effect to the Additional Balances from the Custodial Accountpayments made on such Payment Date; (iiie) with respect to Loan Group I, the amount of any Group I Credit Enhancement Draw Amount or Dissolution Draw, if any, for such Payment Date, the amount paid to the Credit Enhancer in reimbursement for prior draws and the aggregate amount of prior draws under the Group I Policy not yet reimbursed; (f) with respect to Loan Group II, the amount of any Group II Credit Enhancement Draw Amount or Dissolution Draw, if any, for such Payment Date, the amount paid to the Credit Enhancer in reimbursement for prior draws and the aggregate amount of prior draws under the Group II Policy not yet reimbursed; (g) for each Loan Group Group, the number amount of such distribution as principal and Aggregate interest to the Certificateholders of the Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Loan Balance thereof; (h) the aggregate Loan Balance of the Home Equity Loans in such each Loan Group as of the end of the related preceding Collection Period; (ivi) with respect the aggregate amount of Additional Balances on the Group II Loans created during the previous Collection Period conveyed to the Issuer; (j) for each Loan Group, the number and aggregate Principal Loan Balances of Home Equity Loans (a) as to which the Minimum Monthly Payment is Delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed, foreclosed and (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the related Collection Period assuming twelve, thirty day monthsPeriod; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (vk) with respect to the Note Rate for each Loan GroupClass of Class I Notes and Class II Notes, the weighted average Mortgage Interest Group I Net WAC Rate and the Group II Net WAC Rate for the related Collection Period; (vil) whether or not as an Amortization Event is in effect for each Loan Group, the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any Liquidation Loss Distribution Amounts with respect to the Notes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance for such Loan Group; (m) the aggregate Excess Loss Amounts with respect to the Group II Loans with respect to the related Collection Period and the aggregate of the Excess Loss Amounts with respect to the Group II Loans from all Collection Periods to date; (n) for each Loan Group, the aggregate Special Hazard Losses, Fraud Losses, Bankruptcy Losses and losses caused by or resulting from an Extraordinary Event with respect to the related Collection Period and the aggregate of each of such losses from all Collection Periods to date; (o) for each Loan Group, the Security Balance of each related Class of Notes and the Certificate Principal Balance of the related Certificates after giving effect to the distribution of principal on such Payment Date; (viip) the Excluded Amounts, if any, received for the applicable Collection Period; (viii) with respect to each Loan Group, the aggregate Servicing Fees for the related Collection Period and the aggregate amount of Draws for the related Collection Period; and; (ixq) with respect to the number and amount of any increases in the Credit Limits of the Home Equity Loans during the related Collection Period; (r) the Group I Overcollateralization Amount, the Group II Overcollateralization Amount, the Undercollateralization Amount, the Special Hazard Amount for each Loan Group, the aggregate Fraud Loss Amount for each Loan Group, the Bankruptcy Loss Amount for each Loan Group, the Group I Required Overcollateralization Amount immediately following such Payment Date and the Group II Required Overcollateralization Amount immediately following such Payment Date; and (s) (1) the number and principal amount recovered of release agreements pursuant to Section 3.05(c) entered into during the related Collection Period consisting calendar year and since the Closing Date, stated separately, for the Group II Loans and, the aggregate outstanding principal amount of such release agreements expressed as a percentage of the Pool Balance for Loan Group II with information provided separately with respect to all subsequent recoveries on any Unsecured Loans and (2) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into during the calendar year and since the Closing Date, stated separately for each Loan that was 180 days Group and the aggregate outstanding amount of the Capitalization Workouts expressed as a percentage of the respective Pool Balance. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Variable Funding Note, Term Note or more delinquentCertificate, as applicable, with a $1,000 denomination. The In addition, the Master Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Payment Account prior to on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s 's written request, the Master Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Master Servicer to enable the Issuer to perform its federal and state income tax reporting obligations. (b) The Master Servicer shall, on behalf of the Depositor and in respect of the Trust, sign and cause to be filed with the Commission any periodic reports required to be filed under the provisions of the Exchange Act, and the rules and regulations of the Commission thereunder. In connection with the preparation and filing of such periodic reports, the Indenture Trustee shall timely provide to the Master Servicer (I) a list of Holders as shown on the Certificate Register and the Note Register as of the end of each calendar year, (II) copies of all pleadings, other legal process and any other documents relating to any claims, charges and complaints involving the Indenture Trustee, as indenture trustee hereunder, or the Trust that are received by the Indenture Trustee, (III) notice of all matters that, to the actual knowledge of a Responsible Officer of the Indenture Trustee, have been submitted to a vote of the Holders, other than those matters that have been submitted to a vote of the Holders at the request of the Depositor or the Master Servicer, and (IV) notice of any failure of the Indenture Trustee to make any distribution to the Holders as required pursuant to this Agreement. Neither the Master Servicer nor the Indenture Trustee shall have any liability with respect to the Master Servicer's failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer's inability or failure to obtain any information not resulting from the Master Servicer's own negligence or willful misconduct. Any Form 10-K filed with the Commission in connection with this clause (b) shall include a certification, signed by the senior officer in charge of the servicing functions of the Master Servicer, in the form attached as Exhibit E hereto or such other form as may be required or permitted by the Commission (the "Form 10-K Certification"), in compliance with Rules 13a-14 and 15d-14 under the Exchange Act and any additional directives of the Commission. In connection with the Form 10-K Certification, the Indenture Trustee shall provide the Master Servicer with a back-up certification substantially in the form attached hereto as Exhibit F. This Section 4.01(b) may be amended in accordance with this Agreement, but without the Rating Agency confirmations otherwise required by Section 8.01, and without the consent of the Holders.

Appears in 1 contract

Sources: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date (or with respect to any Payment Date for which a Credit Enhancement Draw Amount or Dissolution Draw will occur, no later than 12:00 P.M. New York City time, on the second Business Day prior to the applicable Payment Date), the Master Servicer shall forward to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the Servicer, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture shall forward or cause to be forwarded by mail or otherwise make available on its website initially located electronically at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇” to each SecurityholderCertificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, the Servicing Certificate a statement setting forth the following information, together with information (the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, "Servicing Certificate") as to the Notes and Certificates, to the extent applicable: (i) the aggregate amount of (a) the Group I Interest Remittance AmountCollections, (b) the Group I Principal Remittance Amount, (b) the Group 2 Interest Remittance Amount, Collections and (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) the Additional Balance Advance Interest Distribution Amount and (e) Substitution Amounts for each Loan GroupAdjustment Amounts; (ii) amounts paid in respect the amount of such distribution as principal to the Additional Balances from the Custodial AccountNoteholders; (iii) with the amount of such distribution as interest to the Noteholders, separately stating the portion thereof in respect to each Loan Group of overdue accrued interest; (iv) the number and Aggregate Loan Pool Balance of the Home Loans in such Loan Group as of the end of the related Collection Period; (ivv) with respect to each Loan Groupthe amount of any Credit Enhancement Draw Amount or Dissolution Draw, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed; (vi) the number and aggregate Principal Loan Balances of Home Loans (a) as to which the Monthly Payment is Delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed, (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the related Collection Period assuming twelve, thirty day monthsPeriod; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (vvii) with respect to each Loan Group, the weighted average Mortgage Interest Loan Rate for the related Collection Period; (viviii) whether or not as an Amortization Event is in effect for the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any Liquidation Loss Distribution Amounts with respect to the Notes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance; (ix) the aggregate Excess Loss Amounts with respect to the related Collection Period and the aggregate of the Excess Loss Amounts from all Collection Periods to date; (x) the Note Balance of the Notes and the Certificate Principal Balance of the Certificates after giving effect to the distribution of principal on such Payment Date; (viixi) the Excluded Amounts, if any, received for the applicable Collection Period; (viii) with respect to each Loan Group, the aggregate Servicing Fees for the related Collection Period; and; (ixxii) the Outstanding Reserve Amount and the Reserve Amount Target immediately following such Payment Date; (a) the number and principal amount of release agreements pursuant to Section 3.05(b)(iv) entered into during the calendar year and since the Closing Date, stated separately, for the Home Loans and, the aggregate outstanding principal amount of such release agreements expressed as a percentage of the Pool Balance with information provided separately with respect to each Loan Group, all Unsecured Loans and (b) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into since the Closing Date; (xiv) the aggregate amount recovered during the related Collection Period consisting of all subsequent recoveries on any Home Loan that was 180 days or more delinquent; (xv) the amount, if any, to be paid by a Derivative Counterparty under a Derivative Contract; and (xvi) whether or not a Servicing Trigger has occurred. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate, as applicable, with a $1,000 denomination. (b) In addition, with respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Credit Enhancer and the Rating Agencies the following information for each Capitalization Workout entered into during the related Collection Period: (i) the original Home Loan amount; (ii) the Home Loan amount after the Capitalization Workout; (iii) the original Monthly Payment amount; (iv) the Monthly Payment amount after the Capitalization Workout; (v) the Capitalized Amount as defined in Section 3.02(a)(v) herein; (vi) the Combined Loan-to-Value Ratio prior to the Capitalization Workout; (vii) the Combined Loan-to-Value Ratio after the Capitalization Workout; and (viii) if an appraisal was used in determining the Combined Loan-to-Value Ratio referred to in (vii) above, the type and date of appraisal. The Master Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Payment Account prior to on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s 's written request, the Master Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Master Servicer to enable the Issuer to perform its federal and state income tax reporting obligations. The Master Servicer shall also forward to the Credit Enhancer and/or its designees any additional information, including without limitation, loss and delinquency information requested by the Credit Enhancer, with respect to the Home Loans.

Appears in 1 contract

Sources: Servicing Agreement (Home Loan Trust 2004-Hi2)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward the Servicing Certificate to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139Trustee, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the ServicerTrustee, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture Indenture, shall make such Servicing Certificate available on its website initially located at “▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇” to each SecurityholderCertificateholder, each Noteholder, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, with a copy to the Enhancer. The Servicing Certificate setting shall set forth the following information, together with the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, as to the Notes and Certificates, to the extent applicable: (i) the aggregate amount of (a) the Group I Interest Remittance AmountCollections, (b) Principal Collections (and, with respect to any Payment Date relating to the Group I Managed Amortization Period, Net Principal Remittance Amount, (b) the Group 2 Interest Remittance AmountCollections), (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) the Additional Balance Advance Interest Distribution Amount Substitution Adjustment Amounts and (ed) Substitution Amounts Excess Spread, for each Loan Groupthe related Collection Period; (ii) amounts paid in respect the amount of such distribution as principal to the Additional Balances from the Custodial AccountNoteholders of each Class of Notes; (iii) with the amount of such distribution as interest to the Noteholders of each Class of Notes, the amount thereof, if any, payable in respect of unpaid Interest Shortfalls, and the amount of any Interest Shortfalls and Relief Act Shortfalls for the related Payment Date; (iv) each Policy Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed; (v) the amount of such distribution to each Loan Group the number and Aggregate Loan Certificateholders; (vi) the amount of any Additional Balance Increase Amount payable to the Certificateholders; (vii) the aggregate Principal Balance of the Mortgage Loans in such Loan Group as of the end of the related Collection Period; (ivviii) with respect to each Loan Group, the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is Delinquent delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days, 150-179 days and 90 or more greater than 180 days, respectively, (b) that are foreclosed, the related Mortgaged Property of which has been foreclosed upon and (c) that have as to which the related Mortgaged Property has become REO, and (d) that have been finally liquidated due to being 180 days or more delinquentREO Property, in each case as of the end of the related Collection Period assuming twelve, thirty day monthsPeriod; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date; (vix) with respect the number and aggregate Principal Balance of Mortgage Loans repurchased pursuant to each Loan Group, Section 3.15(a) herein during the weighted average Mortgage Interest related Collection Period; (x) the Net WAC Rate for the related Collection Period; (vixi) whether or not as an prior to the second Determination Date following the commencement of the Rapid Amortization Event is in effect for Period, the aggregate amount of Additional Balances created during the related Collection Period and conveyed to the Issuer prior to the commencement of such Rapid Amortization Period; (xii) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount distributed as principal to Noteholders or paid to the Funding Account in respect of Liquidation Loss Amounts and the aggregate of the Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts) from all Collection Periods to date expressed as dollar amount and as a percentage of the aggregate Cut-Off Date Principal Balances of the Mortgage Loans; (xiii) the aggregate Note Balance of each Class of Notes and the Certificate Balance of each Class of the Certificates after giving effect to the distribution of principal on such Payment Date; (viixiv) the Excluded Amountsbalance of the Pre-Funding Account, if anyCapitalized Interest Account, received for Funding Account and the applicable Reserve Sub-Account as of the end of the related Collection Period; (viiixv) with respect the Percentage Interest applicable to each Loan Groupof the Securities, after application of payments made on such Payment Date; (xvi) the aggregate Servicing Fees for Overcollateralization Amount as of the end of the related Collection Period and whether the Excess Spread Test is satisfied as of the end of the related Collection Period; and (ixxvii) with respect to each Loan Group, the aggregate amount recovered Principal Balance of Subsequent Mortgage Loans transferred to the Trust Estate during the related Collection Period consisting Period. In the case of all subsequent recoveries information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate, as applicable, with a $25,000 denomination and per Certificate with a denomination equal to a 100% Percentage Interest. If a Rapid Amortization Event or a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee, a statement to such effect, including the nature of such Rapid Amortization Event or Servicing Default. Upon the Servicer's becoming aware of any Loan Early Amortization Event, the Servicer shall forward to the Indenture Trustee, a statement to such effect, including the nature of such Early Amortization Event. The Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall deliver or cause to be delivered by mail to each Certificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, notice of such Rapid Amortization Event, Early Amortization Event or Servicing Default, including, the nature thereof. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the Servicing Certificate (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "www.ctslink.com." Assistance in ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇te can be obtained by calling the Indenture Trustee's customer service desk at (301) 815-6600. Parties that was 180 days ▇▇▇ ▇▇▇▇▇▇ ▇▇ use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient or more delinquentaccessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Indenture Trustee may require registration and the acceptance of a disclaimer in connection with access to its website. (b) The Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and the Reserve Sub-Account and deposited into the Note Payment Account, Reserve Sub-Account, Funding Account prior to or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s 's written request, the Servicer shall promptly furnish such information reasonably requested by the Issuer that is reasonably available to the Servicer to enable the Issuer to perform its federal and state income tax reporting obligations. (c) If the Note Balance of the Variable Pay Revolving Notes is to be reduced on any Payment Date pursuant to the terms of the Indenture, the Servicer shall, not later than 12:00 Noon (New York time) on the second Business Day prior to such Payment Date, deliver a written notice to the Administrative Agent specifying the amount of such reduction.

Appears in 1 contract

Sources: Servicing Agreement (GMACM Home Equity Loan Trust 2004-He4)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward the Servicing Certificate and a computer file containing mutually agreed upon loan level information to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139Trustee, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the ServicerTrustee, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture Indenture, shall make such Servicing Certificate available on its website initially located at “▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇” to each SecurityholderCertificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency. The Servicing Certificate shall set forth the following information as to the Notes and Certificates, to the extent applicable: (i) for each Loan Group, the aggregate amount of (a) Interest Collections, (b) Principal Collections, and (c) Substitution Adjustment Amounts for such Collection Period; (ii) the amount of such distribution as principal to the Noteholders of each Class of Notes; (iii) the amount of such distribution as interest to the Noteholders of each Class of Notes; (iv) the Insured Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed; (v) the amount of such distribution to the Certificateholders; (vi) the aggregate Principal Balance of the Home Loans in each Loan Group as of the end of the preceding Collection Period; (vii) the number and aggregate Principal Balances of Home Loans (a) as to which the Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days and 150-179 days, respectively, (b) the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REO Property, in each case as of the end of the preceding Collection Period; provided, however, that such information shall not be provided on the statements relating to the first Payment Date; (viii) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount distributed as principal to Noteholders in respect of Liquidation Loss Amounts (minus any Recovery Amounts) and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollar amount and as a percentage of the aggregate Cut-Off Date Principal Balances of the Home Loans; (ix) the aggregate Note Balance of each Class of Notes and the Certificate Balance of the Certificates after giving effect to the distribution of principal on such Payment Date; (x) the amount on deposit in each of the Pre-Funding Account and Capitalized Interest Account as of the end of the preceding Collection Period; (xi) the Percentage Interest applicable to each of the Securities, after application of payments made on such Payment Date; (xii) the Overcollateralization Amount as of the end of the preceding Collection Period; (xiii) the amount of any payment to be made to the designee or designees of the Credit Enhancer with respect to such Payment Date pursuant to Sections 3.05(a)(i); (xiv) the weighted average of the Net Loan Rates for the Home Loans for the related Collection Period; (xv) the number and aggregate Principal Balance of Home Loans repurchased pursuant to Section 3.15(a) herein during the related Collection Period; and (xvi) the aggregate Principal Balance of Subsequent Home Loans transferred to the Trust Estate for each Loan Group. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate, as applicable, with a $25,000 denomination. If a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee, and the Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall forward or cause to be forwarded by mail to each Certificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement to such effect, including the nature of such Servicing Certificate setting forth Default. Such statement may be included in, or separate from, the following information, together with the other information set forth in regular statement sent to Securityholders. The Indenture Trustee will make the monthly statement prepared by to Securityholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee pursuant to Section 3.25 of the Indenture, as to the Notes and Certificates, to the extent applicable: (i) the aggregate amount of (a) the Group I Interest Remittance Amount, (b) the Group I Principal Remittance Amount, (b) the Group 2 Interest Remittance Amount, (c) Group ▇ Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇". Assistance in using the website can be obtained by calling Indenture Trustee's customer service desk at ▇▇▇-▇▇▇-▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇. Parties that are unable to use the above 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 Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes. (b) In addition, with respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward to the Credit Enhancer and the Rating Agencies the following information for each Capitalization Workout entered into during the related Collection Period: (i) the Additional Balance Advance Interest Distribution Amount and (e) Substitution Amounts for each original Home Equity Loan Groupamount; (ii) amounts paid in respect of the Additional Balances from Home Loan amount after the Custodial AccountCapitalization Workout; (iii) with respect to each Loan Group the number and Aggregate Loan Balance of the Loans in such Loan Group as of the end of the related Collection Periodoriginal Monthly Payment amount; (iv) with respect to each Loan Group, the number and aggregate Principal Balances of Loans (a) as to which the Monthly Payment is Delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed, (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of amount after the end of the related Collection Period assuming twelve, thirty day months; provided, however, that such information will not be provided on the statements relating to the first Payment DateCapitalization Workout; (v) with respect to each Loan Group, the weighted average Mortgage Interest Rate for the related Collection PeriodCapitalized Amount as defined in Section 3.02(a)(v) herein; (vi) whether or not as an Amortization Event is in effect for the related Payment DateCLTV prior to the Capitalization Workout; (vii) the Excluded Amounts, if any, received for CLTV after the applicable Collection Period;Capitalization Workout; and (viii) with respect if an appraisal was used in determining the CLTV referred to each Loan Groupin (vii) above, the aggregate Servicing Fees for the related Collection Period; andtype and date of appraisal. (ixc) with respect to each Loan Group, the aggregate amount recovered during the related Collection Period consisting of all subsequent recoveries on any Loan that was 180 days or more delinquent. The Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Note Payment Account prior to and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s 's written request, the Servicer shall promptly furnish such information reasonably requested by the Issuer that is reasonably available to the Servicer to enable the Issuer to perform its federal and state income tax reporting obligations.

Appears in 1 contract

Sources: Servicing Agreement (GMACM Home Loan Trust 2004-Hltv1)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward the Servicing Certificate and a computer file containing mutually agreed upon loan level information to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139Trustee, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the ServicerTrustee, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture Indenture, shall make the Servicing Certificate available on its website initially located at “▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇” to each SecurityholderCertificateholder, each Noteholder, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, with a copy to the Enhancer. The Servicing Certificate setting shall set forth the following information, together with the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, as to the Notes and Certificates, to the extent applicable: (i) the aggregate amount of (a) the Group I Interest Remittance AmountCollections, (b) the Group I Principal Remittance AmountCollections, (b) the Group 2 Interest Remittance Amount, and (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) the Additional Balance Advance Interest Distribution Amount and (e) Substitution Adjustment Amounts for each Loan Groupsuch Collection Period; (ii) amounts paid in respect the amount of such distribution as principal to the Additional Balances from the Custodial AccountNoteholders of each Class of Notes; (iii) with the amount of such distribution as interest to the Noteholders of each Class of Notes, the amount thereof, if any, payable in respect of accrued and unpaid interest, Interest Carry Forward Amount:, the amount of any accrued and unpaid interest for the related Payment Date and the amount of any Interest Carry Forward Amount for the related Payment Date; (iv) the Insured Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed; (v) the amount of such distribution to each Loan Group the number and Aggregate Loan Certificateholders; (vi) the aggregate Principal Balance of the Mortgage Loans in such Loan Group as of the end of the related preceding Collection Period; (ivvii) with respect to each Loan Group, the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Monthly Payment is Delinquent delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days and 90 or more 150-179 days, respectively, (b) that are foreclosed, the related Mortgaged Property of which has been foreclosed upon and (c) that have as to which the related Mortgaged Property has become REO, and (d) that have been finally liquidated due to being 180 days or more delinquentREO Property, in each case as of the end of the related preceding Collection Period assuming twelve, thirty day monthsPeriod; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date; (vviii) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount distributed as principal to Noteholders in respect of Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts) and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollar amount and as a percentage of the aggregate Cut-Off Date Principal Balances of the Mortgage Loans; (ix) the aggregate Note Balance of each Loan GroupClass of Notes and the Certificate Balance of the Certificates after giving effect to the distribution of principal on such Payment Date; (x) the amount on deposit in each of the Pre-Funding Account and Capitalized Interest Account as of the end of the preceding Collection Period; (xi) the Percentage Interest applicable to each of the Securities, after application of payments made on such Payment Date; (xii) the Overcollateralization Amount as of the end of the preceding Collection Period; (xiii) the weighted average of the Net Loan Rates for the Mortgage Interest Rate Loans for the related Collection Period; (vi) whether or not as an Amortization Event is in effect for the related Payment Date; (viixiv) the Excluded Amounts, if any, received for the applicable number and aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 3.15 herein during such Collection Period; (viiixv) with respect to each Loan GroupNet Liquidation Proceeds, net of any related Foreclosure Profit, for such Collection Period; (xvi) the aggregate Servicing Fees Subsequent Net Recovery Amounts for the related such Collection Period; and (ixxvii) with respect the aggregate Principal Balance of Subsequent Mortgage Loans transferred to each Loan Groupthe Trust Estate. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount recovered during per Note, as applicable, with a $25,000 denomination and per Certificate with a denomination equal to a 100% Percentage Interest. In the related Collection Period consisting case of all subsequent recoveries on any Loan that was 180 days or more delinquent. The Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions furnished pursuant to Section 3.05 of clause (iii) above for the IndentureClass A-IO Notes, the amount shall be expressed as an aggregate dollar amount with a $1,000,000 denomination. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business If a Servicing Default shall occur, on the Business Day next succeeding each following the related Determination Date, the Servicer shall furnish a written statement forward to the Indenture Trustee, and the Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall forward or cause to be forwarded by mail to each Certificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement to such effect, including the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Payment Account prior to the related Payment Date pursuant to Section 3.03. The determination by the Servicer nature of such amounts shallServicing Default. Such statement may be included in, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s written requestseparate from, the Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available regular statement sent to the Servicer to enable the Issuer to perform its federal and state income tax reporting obligationsSecurityholders.

Appears in 1 contract

Sources: Servicing Agreement (Gmacm Home Equity Loan Trust 2004-He5)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the Servicer, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture shall forward or cause to be forwarded by mail or otherwise make available on its website initially located electronically at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇” to each SecurityholderCertificateholder, Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, the Servicing Certificate a statement setting forth the following information, together with information (the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, "Servicing Certificate") as to the Notes and Certificates, to the extent applicable: (i) the applicable Record Date, Determination Date and Payment Date; (ii) the aggregate amount of payments received with respect to the Mortgage Loans, including prepayment amounts; (iii) the Servicing Fee payable to the Servicer; (iv) the amount of any other fees or expenses paid, and the identity of the party receiving such fees or expenses; (v) the aggregate amount of (a) the Group I Interest Remittance AmountCollections, (b) the Group I Principal Remittance Amount, (b) the Group 2 Interest Remittance AmountCollections, (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) the Additional Balance Advance Interest Distribution Amount Substitution Adjustment Amounts and (ed) Substitution Amounts Excess Spread, for each Loan Groupthe related Collection Period; (iivi) amounts the amount paid in respect of as principal to the Additional Balances from the Custodial AccountNoteholders; (iiivii) with respect the amount paid as interest to the Noteholders and the amount of any Relief Act Shortfalls for the related Payment Date; (viii) the aggregate amount of interest remaining unpaid, if any, for each Loan Group of the number Notes, after giving effect to the payments made on such Payment Date; (ix) each Policy Draw Amount, if any, for such Payment Date, the aggregate amount of prior draws on the Policy thereunder not yet reimbursed the amount paid to the Credit Enhancer in reimbursement for prior draws; (x) the amount of such distribution as principal and Aggregate Loan interest to the Certificateholders of the Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Balance thereof; (xi) the aggregate Principal Balance of the Mortgage Loans in such Loan Group as of the end of the related Collection Period; (ivxii) with respect to each Loan Group, the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is Delinquent delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days, 150-179 days and 90 or more greater than 180 days, respectively, (b) that are foreclosed, the related Mortgaged Property of which has been foreclosed upon and (c) that have as to which the related Mortgaged Property has become REO, and (d) that have been finally liquidated due to being 180 days or more delinquentREO Property, in each case as of the end of the related Collection Period assuming twelve, thirty day monthsPeriod; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date; (vxiii) with respect the number and aggregate Principal Balance of Mortgage Loans repurchased pursuant to each Loan Group, Section 3.15(a) herein during the weighted average Mortgage Interest related Collection Period; (xiv) the Net WAC Rate for the related Collection Period; (vixv) whether or not as an Amortization Event is in effect for the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount distributed as principal to Noteholders in respect of Liquidation Loss Amounts and the aggregate of the Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts) from all Collection Periods to date expressed as dollar amount and as a percentage of the aggregate Cut-Off Date Principal Balances of the Mortgage Loans; (xvi) the aggregate Note Balance and the Certificate Balance after giving effect to the distribution of principal on such Payment Date; (viixvii) the Excluded Amountsbalance of the Pre-Funding Account and Capitalized Interest Account, if any, received for as of the applicable end of the related Collection Period; (viiixviii) with respect the Percentage Interest applicable to each Loan Groupof the Securities, after application of payments made on such Payment Date; (xix) the aggregate Servicing Fees for Overcollateralization Amount as of the end of the related Collection Period; and (ixxx) with respect to each Loan Group, the aggregate amount recovered Principal Balance of Subsequent Mortgage Loans transferred to the Trust Estate during the related Collection Period consisting Period. In the case of all subsequent recoveries information furnished pursuant to clauses (vi) and (vii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate, as applicable, with a $25,000 denomination per Note and with a denomination equal to a 100% Percentage Interest per Certificate. If a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee a statement to such effect, including the nature of such Servicing Default. The Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall deliver or cause to be delivered by mail to each Certificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, notice of such Servicing Default, including the nature thereof. Such statement may be included in, or separate from, the regular statement made available to Securityholders. The Indenture Trustee will make the Servicing Certificate (and, at its option, any Loan additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇." Assistance in using the website can be obtained by calling the Indenture Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that was 180 days are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient or more delinquentaccessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Indenture Trustee may require registration and the acceptance of a disclaimer in connection with access to its website. (b) The Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Note Payment Account prior to or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s 's written request, the Servicer shall promptly furnish such information reasonably requested by the Issuer that is reasonably available to the Servicer to enable the Issuer to perform its federal and state income tax reporting obligations.

Appears in 1 contract

Sources: Servicing Agreement (GMACM Home Equity Loan Trust 2006-He3)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward the Servicing Certificate and a computer file containing mutually agreed upon loan level information to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139Trustee, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the ServicerTrustee, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture Indenture, shall make the Servicing Certificate available on its website initially located at “▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇” to each SecurityholderCertificateholder, each Noteholder, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, with a copy to the Enhancer. The Servicing Certificate setting shall set forth the following information, together with the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, as to the Notes and Certificates, to the extent applicable: (i) the aggregate amount of (a) the Group I Interest Remittance AmountCollections, (b) the Group I Principal Remittance AmountCollections, (b) the Group 2 Interest Remittance Amount, and (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) the Additional Balance Advance Interest Distribution Amount and (e) Substitution Adjustment Amounts for each Loan Groupsuch Collection Period; (ii) amounts paid in respect the amount of such distribution as principal to the Additional Balances from the Custodial AccountNoteholders of each Class of Notes; (iii) with the amount of such distribution as interest to the Noteholders of each Class of Notes, the amount thereof, if any, payable in respect of accrued and unpaid interest, and the amount of any Interest Carry Forward Amount for the related Payment Date; (iv) the Insured Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed; (v) the amount of such distribution to each Loan Group the number and Aggregate Loan Certificateholders; (vi) the aggregate Principal Balance of the Mortgage Loans in such Loan Group as of the end of the related preceding Collection Period; (ivvii) with respect to each Loan Group, the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Monthly Payment is Delinquent delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days and 90 or more 150-179 days, respectively, (b) that are foreclosed, the related Mortgaged Property of which has been foreclosed upon and (c) that have as to which the related Mortgaged Property has become REO, and (d) that have been finally liquidated due to being 180 days or more delinquentREO Property, in each case as of the end of the related preceding Collection Period assuming twelve, thirty day monthsPeriod; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date; (vviii) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount distributed as principal to Noteholders in respect of Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts) and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollar amount and as a percentage of the aggregate Cut-Off Date Principal Balances of the Mortgage Loans; (ix) the aggregate Note Balance of each Loan GroupClass of Notes and the Certificate Balance of the Certificates after giving effect to the distribution of principal on such Payment Date; (x) the amount on deposit in each of the Pre-Funding Account and Capitalized Interest Account as of the end of the preceding Collection Period; (xi) the Percentage Interest applicable to each of the Securities, after application of payments made on such Payment Date; (xii) the Overcollateralization Amount as of the end of the preceding Collection Period; (xiii) the weighted average of the Net Loan Rates for the Mortgage Interest Rate Loans for the related Collection Period; (vi) whether or not as an Amortization Event is in effect for the related Payment Date; (viixiv) the Excluded Amounts, if any, received for the applicable number and aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 3.15 herein during such Collection Period; (viiixv) with respect Net Liquidation Proceeds, net of any related Foreclosure Profit, for such Collection Period; (xvi) the amount, if any, of the Hedge Payments for such Distribution Date and any shortfall in amounts previously required to each Loan Group, be paid under the Hedge Agreements for prior Distribution Dates (xvii) the aggregate Servicing Fees Subsequent Net Recovery Amounts for the related such Collection Period; and (ixxviii) with respect the aggregate Principal Balance of Subsequent Mortgage Loans transferred to each Loan Groupthe Trust Estate. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount recovered during per Note, as applicable, with a $25,000 denomination and per Certificate with a denomination equal to a 100% Percentage Interest. In the related Collection Period consisting case of all subsequent recoveries on any Loan that was 180 days or more delinquent. The Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions furnished pursuant to Section 3.05 of clause (iii) above for the IndentureClass A-IO Notes, the amount shall be expressed as an aggregate dollar amount with a $1,000,000 denomination. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business If a Servicing Default shall occur, on the Business Day next succeeding each following the related Determination Date, the Servicer shall furnish a written statement forward to the Indenture Trustee, and the Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall forward or cause to be forwarded by mail to each Certificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement to such effect, including the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Payment Account prior to the related Payment Date pursuant to Section 3.03. The determination by the Servicer nature of such amounts shallServicing Default. Such statement may be included in, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s written requestseparate from, the Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available regular statement sent to the Servicer to enable the Issuer to perform its federal and state income tax reporting obligationsSecurityholders.

Appears in 1 contract

Sources: Servicing Agreement (Gmacm Home Equity Loan Trust 2005-He2)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the Servicer, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture shall forward or cause to be forwarded by mail or otherwise make available on its website initially located at “▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇” electronically to each SecurityholderCertificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, the Servicing Certificate a statement setting forth the following information, together with information (the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, "Servicing Certificate") as to the Notes and Certificates, to the extent applicable: (i) the aggregate amount of (a) the Group I Interest Remittance AmountCollections, (b) the Group I Principal Remittance Amount, (b) the Group 2 Interest Remittance Amount, Collections and (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) the Additional Balance Advance Interest Distribution Amount and (e) Substitution Amounts for each Loan GroupAdjustment Amounts; (ii) amounts paid in respect the amount of such distribution as principal to the Additional Balances from the Custodial AccountNoteholders; (iii) with the amount of such distribution as interest to the Noteholders, separately stating the portion thereof in respect to each Loan Group of overdue accrued interest; (iv) the number and Aggregate Loan Pool Balance of the Home Loans in such Loan Group as of the end of the related Collection Period; (ivv) with respect to each Loan Groupthe amount of any Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed; (vi) the number and aggregate Principal Loan Balances of Home Loans (a) as to which the Monthly Payment is Delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed, (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the related Collection Period assuming twelve, thirty day monthsPeriod; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (vvii) with respect to each Loan Group, the weighted average Mortgage Interest Loan Rate for the related Collection Period; (viviii) whether or not as an Amortization Event is in effect for the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any Liquidation Loss Distribution Amounts with respect to the Notes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance; (ix) the aggregate Excess Loss Amounts with respect to the related Collection Period and the aggregate of the Excess Loss Amounts from all Collection Periods to date; (x) the aggregate Special Hazard Losses and Fraud Losses with respect to the related Collection Period and the aggregate of each of such losses from all Collection Periods to date; (xi) the Note Balance of the Notes and the Certificate Principal Balance of the Certificates after giving effect to the distribution of principal on such Payment Date; (viixii) the Excluded Amounts, if any, received for the applicable Collection Period; (viii) with respect to each Loan Group, the aggregate Servicing Fees for the related Collection Period and the aggregate amount of Draws for the related Collection Period; (xiii) the Outstanding Reserve Amount, the Special Hazard Amount, the Fraud Loss Amount and the Reserve Amount Target immediately following such Payment Date; (a) the number and principal amount of release agreements pursuant to Section 3.05(b)(iv) entered into during the calendar year and since the Closing Date, stated separately, for the Home Loans and, the aggregate outstanding principal amount of such release agreements expressed as a percentage of the Pool Balance with information provided separately with respect to all Unsecured Loans and (b) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into since the Closing Date; and (ixxv) with respect to each Loan Group, the aggregate amount recovered during the related Collection Period consisting of all subsequent recoveries on any Home Loan that was 180 days or more delinquent. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate, as applicable, with a $1,000 denomination. (b) In addition, with respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Credit Enhancer and the Rating Agencies the following information for each Capitalization Workout entered into during the related Collection Period: (i) the original Home Loan amount; (ii) the Home Loan amount after the Capitalization Workout; (iii) the original Monthly Payment amount; (iv) the Monthly Payment amount after the Capitalization Workout; (v) the Capitalized Amount as defined in Section 3.02(a)(v) herein; (vi) the Combined Loan-to-Value Ratio prior to the Capitalization Workout; (vii) the Combined Loan-to-Value Ratio after the Capitalization Workout; and (viii) if an appraisal was used in determining the Combined Loan-to-Value Ratio referred to in (vii) above, the type and date of appraisal. The Master Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Payment Account prior to on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s 's written request, the Master Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Master Servicer to enable the Issuer to perform its federal and state income tax reporting obligations. The Master Servicer shall also forward to the Credit Enhancer and/or its designees any additional information, including without limitation, loss and delinquency information requested by the Credit Enhancer, with respect to the Home Loans.

Appears in 1 contract

Sources: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the Servicer, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture shall forward or cause to be forwarded by mail or otherwise make available on its website initially located electronically at “▇w▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇” to each SecurityholderCertificateholder, Noteholder, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, the Servicing Certificate a statement setting forth the following information, together with information (the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, "Servicing Certificate") as to the Notes and Certificates, to the extent applicable: (i) the aggregate amount of (a) the Group I Interest Remittance AmountCollections, (b) the Group I Principal Remittance Amount, (b) the Group 2 Interest Remittance Amount, Collections and (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) the Additional Balance Advance Interest Distribution Amount and (e) Substitution Amounts for each Loan GroupAdjustment Amounts; (ii) amounts paid in respect the amount of such distribution as principal to the Additional Balances from the Custodial AccountNoteholders; (iii) with the amount of such distribution as interest to the Noteholders, separately stating the portion thereof in respect to each Loan Group of overdue accrued interest; (iv) the number and Aggregate Loan Pool Balance of the Home Loans in such Loan Group as of the end of the related Collection Period; (ivv) with respect to each Loan Group, the number and aggregate Principal Loan Balances of Home Loans (a) as to which the Monthly Payment is Delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed, (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the related Collection Period assuming twelve, thirty day monthsPeriod; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (vvi) with respect to each Loan Group, the weighted average Mortgage Interest Loan Rate for the related Collection Period; (vivii) whether or not as an Amortization Event is in effect for the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any Liquidation Loss Distribution Amounts with respect to the Notes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance; (viii) the aggregate Excess Loss Amounts with respect to the related Collection Period and the aggregate of the Excess Loss Amounts from all Collection Periods to date; (ix) the Note Balance of the Notes and the Certificate Principal Balance of the Certificates after giving effect to the distribution of principal on such Payment Date; (viix) the Excluded Amounts, if any, received for the applicable Collection Period; (viii) with respect to each Loan Group, the aggregate Servicing Fees for the related Collection Period; and; (ixxi) the Outstanding Reserve Amount and the Reserve Amount Target immediately following such Payment Date; (a) the number and principal amount of release agreements pursuant to Section 3.05(b)(iv) entered into during the calendar year and since the Closing Date, stated separately, for the Home Loans and, the aggregate outstanding principal amount of such release agreements expressed as a percentage of the Pool Balance with information provided separately with respect to each Loan Group, all Unsecured Loans and (b) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into since the Closing Date; (xiii) the aggregate amount recovered during the related Collection Period consisting of all subsequent recoveries on any Home Loan that was 180 days or more delinquent; (xiv) the amount, if any, to be paid by a Derivative Counterparty under a Derivative Contract; and (xv) whether or not a Servicing Trigger has occurred. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate, as applicable, with a $1,000 denomination. (b) In addition, with respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Rating Agencies the following information for each Capitalization Workout entered into during the related Collection Period: (i) the original Home Loan amount; (ii) the Home Loan amount after the Capitalization Workout; (iii) the original Monthly Payment amount; (iv) the Monthly Payment amount after the Capitalization Workout; (v) the Capitalized Amount as defined in Section 3.02(a)(v) herein; (vi) the Combined Loan-to-Value Ratio prior to the Capitalization Workout; (vii) the Combined Loan-to-Value Ratio after the Capitalization Workout; and (viii) if an appraisal was used in determining the Combined Loan-to-Value Ratio referred to in (vii) above, the type and date of appraisal. The Master Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Payment Account prior to on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s 's written request, the Master Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Master Servicer to enable the Issuer to perform its federal and state income tax reporting obligations.

Appears in 1 contract

Sources: Servicing Agreement (Home Loan Trust 2005-Hi2)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the Servicer, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture shall make forward or cause to be forwarded by mail or made available on its website initially located at "www.jpmorgan.com/sfr," to each Certificateholder, Noteholder, ▇▇▇ ▇▇▇.▇▇▇ ▇▇▇▇▇▇.▇▇▇/▇▇▇” to each Securityholderer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, the Servicing Certificate a statement setting forth the following information, together with information (the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, "Servicing Certificate") as to the Notes and Certificates, to the extent applicable: (i) for each of Loan Group I and Loan Group II, the aggregate amount of (a) the Group I Interest Remittance AmountCollections, (b) the Group I Principal Remittance Amount, (b) the Group 2 Interest Remittance Amount, Collections and (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) the Additional Balance Advance Interest Distribution Amount and (e) Substitution Adjustment Amounts for each Loan Groupsuch Collection Period; (ii) amounts the amount paid in respect as principal to the Noteholders of the Additional Balances from the Custodial Accounteach Class of Notes; (iii) with respect to for each of Loan Group I and Loan Group II, the number amount paid as interest to the Noteholders of each Class of Notes, separately stating the portion thereof in respect of Prepayment Interest Shortfalls, Relief Act Shortfalls, Group I Net WAC Cap Shortfalls or Group II Net WAC Cap Shortfalls, if any; (iv) for each of Loan Group I and Aggregate Loan Group II, the aggregate Interest Distribution Amount remaining unpaid, if any, for each Class of Class I Notes and Class II Notes, after giving effect to the payments made on such Payment Date; (v) [Reserved]; (vi) the amount of any draw on the Group I Policy or the Group II Policy for such Payment Date, the amount paid to the Credit Enhancer in reimbursement for prior draws and the aggregate amount of prior draws under the Policies not yet reimbursed; (vii) for each of Loan Group I and Loan Group II, the amount of such distribution as principal and interest to the Certificateholders of the Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Loan Balance thereof; (viii) the aggregate Loan Balance of the Home Equity Loans in such each Loan Group as of the end of the related preceding Collection Period; (ivix) with respect the aggregate amount of Additional Balances on the Group II Loans created during the previous Collection Period conveyed to the Issuer; (x) for each of Loan GroupGroup I and Loan Group II, the number and aggregate Principal Loan Balances of Home Equity Loans (a) as to which the Minimum Monthly Payment is Delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed, foreclosed and (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the related Collection Period assuming twelve, thirty day monthsPeriod; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (vxi) with respect to the Note Rate for each Loan GroupClass of Class I Notes and Class II Notes, the weighted average Mortgage Interest Group I Net WAC Rate and the Group II Net WAC Rate for the related Collection Period; (vixii) whether or not as an Amortization Event is in effect for each of Loan Group I and Loan Group II, the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any Liquidation Loss Distribution Amounts with respect to the Notes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance for such Loan Group; (xiii) the aggregate Excess Loss Amounts with respect to the Group I Loans and the Group II Loans with respect to the related Collection Period and the aggregate of the Excess Loss Amounts with respect to the Group I Loans and the Group II Loans from all Collection Periods to date; (xiv) for each Loan Group, the aggregate Bankruptcy Losses and losses caused by or resulting from an Extraordinary Event with respect to the related Collection Period and the aggregate of each of such losses from all Collection Periods to date; (xv) for each of Loan Group I and Loan Group II, the Security Balance of each related Class of Notes and the Certificate Principal Balance of the related Certificates after giving effect to the distribution of principal on such Payment Date; (viixvi) the Excluded Amounts, if any, received for the applicable Collection Period; (viii) with respect to each Loan Group, the aggregate Servicing Fees for the related Collection Period and the aggregate amount of Draws for the related Collection Period; (xvii) the number and amount of any increases in the Credit Limits of the Home Equity Loans during the related Collection Period; (xviii) the Group I Overcollateralization Amount, the Group II Overcollateralization Amount, the Undercollateralization Amount, the Group I Required Overcollateralization Amount immediately following such Payment Date and the Group II Required Overcollateralization Amount immediately following such Payment Date; and (ixxix) the number and principal amount of release agreements pursuant to Section 3.05(c) entered into during the calendar year and since the Closing Date, stated separately, for the Group II Loans and, the aggregate outstanding principal amount of such release agreements expressed as a percentage of the Pool Balance for Loan Group II with information provided separately with respect to all Unsecured Loans and (2) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into during the calendar year and since the Closing Date, stated separately for each of Loan GroupGroup I and Loan Group II and the aggregate outstanding amount of the Capitalization Workouts expressed as a percentage of the respective Pool Balance. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount recovered during per Variable Funding Note, Term Note or Certificate, as applicable, with a $1,000 denomination. If an Amortization Event or Servicing Default shall occur, on the Business Day following the related Collection Period consisting Determination Date, the Master Servicer shall forward to the Indenture Trustee, a statement of all subsequent recoveries on any Loan that was 180 days such effect, including the nature of such Amortization Event or more delinquentServicing Default. The Indenture Trustee shall deliver or cause to be delivered by mail to the Credit Enhancer notice of such Amortization Event or Servicing Default, including, the nature thereof. Such statement may be included in, or separate from, the regular statement to Securityholders. In addition, the Master Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Payment Account prior to on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, shall be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s 's written request, the Master Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Master Servicer to enable the Issuer to perform its federal and state income tax reporting obligations. (b) The Master Servicer shall, on behalf of the Depositor and in respect of the Trust, sign and cause to be filed with the Commission any periodic reports required to be filed under the provisions of the Exchange Act, and the rules and regulations of the Commission thereunder. In connection with the preparation and filing of such periodic reports, the Indenture Trustee shall timely provide to the Master Servicer (I) a list of Holders as shown on the Certificate Register and the Note Register as of the end of each calendar year, (II) copies of all pleadings, other legal process and any other documents relating to any claims, charges and complaints involving the Indenture Trustee, as indenture trustee hereunder, or the Trust that are received by the Indenture Trustee, (III) notice of all matters that, to the actual knowledge of a Responsible Officer of the Indenture Trustee, have been submitted to a vote of the Holders, other than those matters that have been submitted to a vote of the Holders at the request of the Depositor or the Master Servicer, and (IV) notice of any failure of the Indenture Trustee to make any distribution to the Holders as required pursuant to this Agreement. Neither the Master Servicer nor the Indenture Trustee shall have any liability with respect to the Master Servicer's failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer's inability or failure to obtain any information not resulting from the Master Servicer's own negligence or willful misconduct. Any Form 10-K filed with the Commission in connection with this clause (b) shall include a certification, signed by the senior officer in charge of the servicing functions of the Master Servicer, in the form attached as Exhibit E hereto or such other form as may be required or permitted by the Commission (the "Form 10-K Certification"), in compliance with Rules 13a-14 and 15d-14 under the Exchange Act and any additional directives of the Commission. In connection with the Form 10-K Certification, the Indenture Trustee shall provide the Master Servicer with a back-up certification substantially in the form attached hereto as Exhibit F. This Section 4.01(b) may be amended in accordance with this Agreement, but without the Rating Agency confirmations otherwise required by Section 8.01, and without the consent of the Holders.

Appears in 1 contract

Sources: Servicing Agreement (RFMSII Series 2005-Hsa1 Trust)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the Servicer, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture shall make available on its website initially located at “▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇” forward or cause to be forwarded by mail to each SecurityholderCertificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, the Servicing Certificate a statement setting forth the following information, together with the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, as to the Notes and Certificates, to the extent applicable: (i) the aggregate amount of (a) Security Interest Collections with respect to the Group I Interest Remittance AmountNotes and the Certificates, (b) aggregate Security Principal Collections with respect to the Group I Principal Remittance Amount, (b) Notes and the Group 2 Interest Remittance Amount, Certificates and (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) Security Collections for the Additional Balance Advance Interest Distribution Amount related Collection Period with respect to the Notes and (e) Substitution Amounts for each Loan Groupthe Certificates; (ii) amounts paid the amount of such distribution to the Securityholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Additional Balances from Accelerated Principal Distribution Amount and the Custodial Accountamount to be deposited in the Funding Account on such Payment Date; (iii) with respect the amount of such distribution to each Loan Group the number and Aggregate Loan Balance Securityholders of the Loans Notes and the Certificates allocable to interest and separately stating the portion thereof in such Loan Group as respect of the end of the related Collection Periodoverdue accrued interest; (iv) with respect to each Loan Groupthe Credit Enhancement Draw Amount, if any, for such Payment Date and the number and aggregate Principal Balances amount of Loans (a) as to which the Monthly Payment is Delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed, (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the related Collection Period assuming twelve, thirty day months; provided, however, that such information will prior draws thereunder not be provided on the statements relating to the first Payment Dateyet reimbursed; (v) with respect to each Loan Group, the weighted average Mortgage Interest Rate for the related Collection Period; aggregate Principal Balance of (vi) whether or not as an Amortization Event is in effect for the related Payment Date; (viia) the Excluded Amounts, if any, received for the applicable Collection Period; (viii) with respect to each Loan Group, the aggregate Servicing Fees for the related Collection Period; and (ix) with respect to each Loan Group, the aggregate amount recovered during the related Collection Period consisting of all subsequent recoveries on any Loan that was 180 days or more delinquent. The Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Payment Account prior to the related Payment Date pursuant to Section 3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s written request, the Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Servicer to enable the Issuer to perform its federal and state income tax reporting obligations.________ Loans,

Appears in 1 contract

Sources: Servicing Agreement (Opteum Mortgage Acceptance CORP)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the Servicer, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture shall forward or cause to be forwarded by mail or otherwise make available on its website initially located electronically at “▇▇▇.www.jpmorgan.com/sfr to each Ce▇▇▇▇▇▇.▇▇▇/▇▇▇” to each Securityholder▇▇▇, ▇▇teholder, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, the Servicing Certificate a statement setting forth the following information, together with information (the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, "Servicing Certificate") as to the Notes and Certificates, to the extent applicable: (i) the aggregate amount of (a) the Group I Interest Remittance AmountCollections, (b) the Group I Principal Remittance Amount, (b) the Group 2 Interest Remittance Amount, Collections and (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) the Additional Balance Advance Interest Distribution Amount and (e) Substitution Amounts for each Loan GroupAdjustment Amounts; (ii) amounts paid in respect the amount of such distribution as principal to the Additional Balances from the Custodial AccountNoteholders; (iii) with the amount of such distribution as interest to the Noteholders, separately stating the portion thereof in respect to each Loan Group of overdue accrued interest; (iv) the number and Aggregate Loan Pool Balance of the Home Loans in such Loan Group as of the end of the related Collection Period; (ivv) with respect to each Loan Group, the number and aggregate Principal Loan Balances of Home Loans (a) as to which the Monthly Payment is Delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed, (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the related Collection Period assuming twelve, thirty day monthsPeriod; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (vvi) with respect to each Loan Group, the weighted average Mortgage Interest Loan Rate for the related Collection Period; (vivii) whether or not as an Amortization Event is in effect for the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any Liquidation Loss Distribution Amounts with respect to the Notes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance; (viii) the aggregate Excess Loss Amounts with respect to the related Collection Period and the aggregate of the Excess Loss Amounts from all Collection Periods to date; (ix) the Note Balance of the Notes and the Certificate Principal Balance of the Certificates after giving effect to the distribution of principal on such Payment Date; (viix) the Excluded Amounts, if any, received for the applicable Collection Period; (viii) with respect to each Loan Group, the aggregate Servicing Fees for the related Collection Period; and; (ixxi) the Outstanding Reserve Amount and the Reserve Amount Target immediately following such Payment Date; (a) the number and principal amount of release agreements pursuant to Section 3.05(b)(iv) entered into during the calendar year and since the Closing Date, stated separately, for the Home Loans and, the aggregate outstanding principal amount of such release agreements expressed as a percentage of the Pool Balance with information provided separately with respect to each Loan Group, all Unsecured Loans and (b) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into since the Closing Date; (xiii) the aggregate amount recovered during the related Collection Period consisting of all subsequent recoveries on any Home Loan that was 180 days or more delinquent; (xiv) the amount, if any, to be paid by a Derivative Counterparty under a Derivative Contract; and (xv) whether or not a Servicing Trigger has occurred. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate, as applicable, with a $1,000 denomination. (b) In addition, with respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Rating Agencies the following information for each Capitalization Workout entered into during the related Collection Period: (i) the original Home Loan amount; (ii) the Home Loan amount after the Capitalization Workout; (iii) the original Monthly Payment amount; (iv) the Monthly Payment amount after the Capitalization Workout; (v) the Capitalized Amount as defined in Section 3.02(a)(v) herein; (vi) the Combined Loan-to-Value Ratio prior to the Capitalization Workout; (vii) the Combined Loan-to-Value Ratio after the Capitalization Workout; and (viii) if an appraisal was used in determining the Combined Loan-to-Value Ratio referred to in (vii) above, the type and date of appraisal. The Master Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Payment Account prior to on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s 's written request, the Master Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Master Servicer to enable the Issuer to perform its federal and state income tax reporting obligations.

Appears in 1 contract

Sources: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward the Servicing Certificate and a computer file containing mutually agreed upon loan level information to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139Trustee, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the ServicerTrustee, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture Indenture, shall make such Servicing Certificate available on its website initially located at “▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇” to each SecurityholderCertificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent Agent, Bear Stearns Capital Markets Inc. and each Rating Agency, the ▇▇▇▇▇▇. The Servicing Certificate setting shall set forth the following information, together with the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, as to the Notes and Certificates, to the extent applicable: (i) the aggregate amount of (a) the Group I Interest Remittance AmountCollections, (b) the Group I Principal Remittance AmountCollections, (b) the Group 2 Interest Remittance Amount, and (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) the Additional Balance Advance Interest Distribution Amount and (e) Substitution Adjustment Amounts for each Loan Groupsuch Collection Period; (ii) amounts paid in respect the amount of such distribution as principal to the Additional Balances from the Custodial AccountNoteholders of each Class of Notes; (iii) with the amount of such distribution as interest to the Noteholders of each Class of Notes, the amount thereof, if any, payable in respect of unpaid Interest Shortfalls, and the amount of any Interest Shortfalls for the related Payment Date; (iv) the Policy Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed; (v) the amount of such distribution to each Loan Group the number and Aggregate Loan Certificateholders; (vi) the aggregate Principal Balance of the Mortgage Loans in such Loan Group as of the end of the related preceding Collection Period; (ivvii) with respect to each Loan Group, the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Monthly Payment is Delinquent delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days and 90 or more 150-179 days, respectively, (b) that are foreclosed, the related Mortgaged Property of which has been foreclosed upon and (c) that have as to which the related Mortgaged Property has become REO, and (d) that have been finally liquidated due to being 180 days or more delinquentREO Property, in each case as of the end of the related preceding Collection Period assuming twelve, thirty day monthsPeriod; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date; (vviii) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount distributed as principal to Noteholders in respect of Liquidation Loss Amounts and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollar amount and as a percentage of the aggregate Cut-Off Date Principal Balances of the Mortgage Loans; (ix) the aggregate Note Balance of each Loan GroupClass of Notes and the Certificate Balance of the Certificates after giving effect to the distribution of principal on such Payment Date; (x) the amount on deposit in each of the Pre-Funding Account and Capitalized Interest Account as of the end of the preceding Collection Period; (xi) the Percentage Interest applicable to each of the Securities, after application of payments made on such Payment Date; (xii) the Overcollateralization Amount as of the end of the preceding Collection Period; (xiii) the weighted average of the Net Loan Rates for the Mortgage Interest Rate Loans for the related Collection Period; (vi) whether or not as an Amortization Event is in effect for the related Payment Date; (viixiv) the Excluded Amounts, if any, received for the applicable Collection Period; (viii) with respect number and aggregate Principal Balance of Mortgage Loans repurchased pursuant to each Loan Group, the aggregate Servicing Fees for the related Section 3.15 herein during such Collection Period; and (ixxv) the aggregate Principal Balance of Subsequent Mortgage Loans transferred to the Trust Estate. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note, as applicable, with respect a $25,000 denomination and per Certificate with a denomination equal to a 100% Percentage Interest. In the case of information furnished pursuant to clause (iii) above for the Class A-IO Notes, the amount shall be expressed as an aggregate dollar amount with a $1,000,000 denomination. If a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee, and the Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall forward or cause to be forwarded by mail to each Loan GroupCertificateholder, each Noteholder, the aggregate amount recovered during Enhancer, the related Collection Period consisting Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement to such effect, including the nature of such Servicing Default. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the monthly statement to Securityholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "www.abs.bankone.com". Assistance in using the webs▇▇▇ ▇▇▇ ▇▇ ▇▇▇▇▇▇ed by calling the Indenture Trustee's customer service desk at 800-524-9472. Parties that are unable to use the ab▇▇▇ ▇▇▇▇▇▇▇▇tion options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all subsequent recoveries on above parties regarding any Loan that was 180 days or more delinquent. such changes. (b) The Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Note Payment Account prior to and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s 's written request, the Servicer shall promptly furnish such information reasonably requested by the Issuer that is reasonably available to the Servicer to enable the Issuer to perform its federal and state income tax reporting obligations.

Appears in 1 contract

Sources: Servicing Agreement (Residential Asset Mortgage Products Inc)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the Servicer, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture shall make available on its website initially located at “▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇” forward or cause to be forwarded by mail to each SecurityholderCertificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, the Servicing Certificate a statement setting forth the following information, together with information (the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, "Servicing Certificate") as to the Notes and Certificates, to the extent applicable: (ia) for each of Loan Group I, Loan Group II-A and Loan Group II-B, the aggregate amount of (a) the Group I Interest Remittance AmountCollections, (b) the Group I Principal Remittance Amount, Collections and (c) Substitution Adjustment Amounts for such Collection Period; (b) the Group 2 Interest Remittance Amount, amount paid as principal to the Noteholders of each Class of Notes; (c) for each of Loan Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇I, Loan Group II-A and Loan Group II-B, the amount paid as interest to the Noteholders of each Class of Notes, separately stating the portion thereof in respect of Prepayment Interest Shortfalls, Relief Act Shortfalls, Group II-A Relief Act Shortfalls, Group II-B Relief Act Shortfalls, Group I Net WAC Cap Shortfalls, Group II-A Net WAC Cap Shortfalls or Group II-B Net WAC Cap Shortfalls, if any; (d) for each of Loan Group I, Loan Group II-A and Loan Group II-B, the Additional Balance Advance aggregate Interest Distribution Amount remaining unpaid, if any, for each Class of Class I Notes and Class II Notes, after giving effect to the payments made on such Payment Date; (e) Substitution Amounts for each Loan Group[Reserved]; (ii) amounts paid in respect of the Additional Balances from the Custodial Account; (iiif) with respect to each Loan Group II, the number amount of any Group II Credit Enhancement Draw Amount or Dissolution Draw, if any, for such Payment Date, the amount paid to the Credit Enhancer in reimbursement for prior draws and Aggregate the aggregate amount of prior draws under the Policy not yet reimbursed; (g) for each of Loan Group I, Loan Group II-A and Loan Group II-B, the amount of such distribution as principal and interest to the Certificateholders of the Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Loan Balance thereof; (h) the aggregate Loan Balance of the Home Equity Loans in such each Loan Group as of the end of the related preceding Collection Period; (ivi) with respect the aggregate amount of Additional Balances on the Group II Loans created during the previous Collection Period conveyed to the Issuer; (j) for each of Loan GroupGroup I, Loan Group II-A and Loan Group II-B, the number and aggregate Principal Loan Balances of Home Equity Loans (a) as to which the Minimum Monthly Payment is Delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed, foreclosed and (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the related Collection Period assuming twelve, thirty day monthsPeriod; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (vk) with respect to the Note Rate for each Loan GroupClass of Class I Notes and Class II Notes, the weighted average Mortgage Interest Group I Net WAC Rate, the Group II-A Net WAC Rate and the Group II-B Net WAC Rate for the related Collection Period; (vil) whether or not as an Amortization Event is in effect for each of Loan Group I, Loan Group II-A and Loan Group II-B, the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any Liquidation Loss Distribution Amounts with respect to the Notes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance for such Loan Group; (m) the aggregate Excess Loss Amounts with respect to the Group II Loans with respect to the related Collection Period and the aggregate of the Excess Loss Amounts with respect to the Group II Loans from all Collection Periods to date; (n) for each Loan Group, the aggregate Special Hazard Losses, Fraud Losses, Bankruptcy Losses and losses caused by or resulting from an Extraordinary Event with respect to the related Collection Period and the aggregate of each of such losses from all Collection Periods to date; (o) for each of Loan Group I, Loan Group II-A and Loan Group II-B, the Security Balance of each related Class of Notes and the Certificate Principal Balance of the related Certificates after giving effect to the distribution of principal on such Payment Date; (viip) the Excluded Amounts, if any, received for the applicable Collection Period; (viii) with respect to each Loan Group, the aggregate Servicing Fees for the related Collection Period and the aggregate amount of Draws for the related Collection Period; and; (ixq) with respect to the number and amount of any increases in the Credit Limits of the Home Equity Loans during the related Collection Period; (r) the Group I Overcollateralization Amount, the Group II Overcollateralization Amount, the Undercollateralization Amount, the Special Hazard Amount for each Loan Group, the aggregate Fraud Loss Amount for each Loan Group, the Bankruptcy Loss Amount for each Loan Group, the Group I Required Overcollateralization Amount immediately following such Payment Date and the Group II Required Overcollateralization Amount immediately following such Payment Date; and (s) (1) the number and principal amount recovered of release agreements pursuant to Section 3.05(c) entered into during the related Collection Period consisting calendar year and since the Closing Date, stated separately, for the Group II Loans and, the aggregate outstanding principal amount of such release agreements expressed as a percentage of the Pool Balance for Loan Group II with information provided separately with respect to all subsequent recoveries on any Unsecured Loans and (2) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into during the calendar year and since the Closing Date, stated separately for each of Loan that was 180 days Group I, Loan Group II-A and Loan Group II-B and the aggregate outstanding amount of the Capitalization Workouts expressed as a percentage of the respective Pool Balance. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Variable Funding Note, Term Note or more delinquentCertificate, as applicable, with a $1,000 denomination. The In addition, the Master Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Payment Account prior to on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s 's written request, the Master Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Master Servicer to enable the Issuer to perform its federal and state income tax reporting obligations. (b) The Master Servicer shall, on behalf of the Depositor and in respect of the Trust, sign and cause to be filed with the Commission any periodic reports required to be filed under the provisions of the Exchange Act, and the rules and regulations of the Commission thereunder. In connection with the preparation and filing of such periodic reports, the Indenture Trustee shall timely provide to the Master Servicer (I) a list of Holders as shown on the Certificate Register and the Note Register as of the end of each calendar year, (II) copies of all pleadings, other legal process and any other documents relating to any claims, charges and complaints involving the Indenture Trustee, as indenture trustee hereunder, or the Trust that are received by the Indenture Trustee, (III) notice of all matters that, to the actual knowledge of a Responsible Officer of the Indenture Trustee, have been submitted to a vote of the Holders, other than those matters that have been submitted to a vote of the Holders at the request of the Depositor or the Master Servicer, and (IV) notice of any failure of the Indenture Trustee to make any distribution to the Holders as required pursuant to this Agreement. Neither the Master Servicer nor the Indenture Trustee shall have any liability with respect to the Master Servicer's failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer's inability or failure to obtain any information not resulting from the Master Servicer's own negligence or willful misconduct. Any Form 10-K filed with the Commission in connection with this clause (b) shall include a certification, signed by the senior officer in charge of the servicing functions of the Master Servicer, in the form attached as Exhibit E hereto or such other form as may be required or permitted by the Commission (the "Form 10-K Certification"), in compliance with Rules 13a-14 and 15d-14 under the Exchange Act and any additional directives of the Commission. In connection with the Form 10-K Certification, the Indenture Trustee shall provide the Master Servicer with a back-up certification substantially in the form attached hereto as Exhibit F. This Section 4.01(b) may be amended in accordance with this Agreement, but without the Rating Agency confirmations otherwise required by Section 8.01, and without the consent of the Holders.

Appears in 1 contract

Sources: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139Trustee, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the ServicerTrustee, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture Indenture, shall make available on its website initially located at “▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇” forward or cause to be forwarded by mail to each SecurityholderCertificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, the Servicing Certificate a statement setting forth the following information, together with the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, as to the Notes and Certificates, to the extent applicable: (i) the aggregate amount of (a) the Group I Interest Remittance AmountCollections, (b) Principal Collections (and, with respect to any Payment Date relating to the Group I Managed Amortization Period, Net Principal Remittance Amount, (bCollections) the Group 2 Interest Remittance Amount, and (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) the Additional Balance Advance Interest Distribution Amount and (e) Substitution Adjustment Amounts for each Loan Groupsuch Collection Period; (ii) amounts paid in respect the amount of such distribution as principal to the Additional Balances from the Custodial AccountNoteholders; (iii) with the amount of such distribution as interest to the Noteholders, the amount thereof, if any, payable in respect of unpaid Interest Shortfalls, and the amount of any Interest Shortfalls for the related Payment Date; (iv) the Policy Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed; (v) the amount of such distribution to each Loan Group the number and Aggregate Loan Certificateholders; (vi) the aggregate Principal Balance of the Mortgage Loans in such Loan Group as of the end of the related preceding Collection Period; (ivvii) with respect to each Loan Group, the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is Delinquent delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed, the related Mortgaged Property of which has been foreclosed upon and (c) that have as to which the related Mortgaged Property has become REO, and (d) that have been finally liquidated due to being 180 days or more delinquentREO Property, in each case as of the end of the related preceding Collection Period assuming twelve, thirty day monthsPeriod; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date; (vviii) with respect to each the Weighted Average Net Loan Group, the weighted average Mortgage Interest Rate for the related Collection Period; (viix) whether or not as an prior to the second Determination Date following the commencement of the Rapid Amortization Event is in effect for Period, the aggregate amount of Additional Balances created during the previous Collection Period conveyed to the Issuer prior to the commencement of the Rapid Amortization Period; (x) [Reserved] (xi) [Reserved] (xii) [Reserved] (xiii) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount distributed as principal to Noteholders in respect of Liquidation Loss Amounts and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollar amount and as a percentage of the aggregate Cut-Off Date Principal Balances of the Mortgage Loans; (xiv) the aggregate Note Balance of each Class of Notes and the Certificate Balance of the Certificates after giving effect to the distribution of principal on such Payment Date; (viixv) the Excluded Amounts, if any, received for the Percentage Interest applicable Collection Period; (viii) with respect to each Loan Groupof the Securities, the aggregate Servicing Fees for the related Collection Periodafter application of payments made on such Payment Date; and (ixxvi) the Outstanding Overcollateralization Amount immediately following such Payment Date. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Term Note, Variable Funding Note or Certificate, as applicable, with respect a $25,000 denomination. If a Managed Amortization Event, a Rapid Amortization Event or a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee, and the Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall forward or cause to be forwarded by mail to each Loan GroupCertificateholder, each Noteholder, the aggregate amount recovered during Enhancer, the related Collection Period consisting Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement to such effect, including, in the case of all subsequent recoveries on any Loan that was 180 days a Rapid Amortization Event or more delinquenta Servicing Default, the nature thereof. Such statement may be included in, or separate from, the regular statement sent to Securityholders. (b) The Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Note Payment Account prior to or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s 's written request, the Servicer shall promptly furnish such information reasonably requested by the Issuer that is reasonably available to the Servicer to enable the Issuer to perform its federal and state income tax reporting obligations.

Appears in 1 contract

Sources: Servicing Agreement (Bear Stearns Asset Back Sec Inc Gmacm Rev Ho Eq Lo Tr 1998-2)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the Servicer, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture shall make available on its website initially located at “▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇” forward or cause to be forwarded by mail to each SecurityholderCertificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, the Servicing Certificate a statement setting forth the following information, together with information (the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, "Servicing Certificate") as to the Notes and Certificates, to the extent applicable: (i) the aggregate amount of (a) the Group I Interest Remittance AmountCollections, (b) the Group I Principal Remittance Amount, (b) the Group 2 Interest Remittance Amount, Collections and (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) the Additional Balance Advance Interest Distribution Amount and (e) Substitution Amounts for each Loan GroupAdjustment Amounts; (ii) amounts paid in respect the amount of such distribution as principal to the Additional Balances from the Custodial AccountNoteholders; (iii) with the amount of such distribution as interest to the Noteholders, separately stating the portion thereof in respect to each Loan Group of overdue accrued interest; (iv) the number and Aggregate Loan Pool Balance of the Home Loans in such Loan Group as of the end of the related Collection Period; (ivv) with respect to each Loan Groupthe amount of any Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed; (vi) the number and aggregate Principal Loan Balances of Home Loans (a) as to which the Monthly Payment is Delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed, (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the related Collection Period assuming twelvePeriod; PROVIDED, thirty day months; provided, howeverHOWEVER, that such information will not be provided on the statements relating to the first Payment Date; (vvii) with respect to each Loan Group, the weighted average Mortgage Interest Loan Rate for the related Collection Period; (viviii) whether or not as an Amortization Event is in effect for the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any Liquidation Loss Distribution Amounts with respect to the Notes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance; (ix) the aggregate Excess Loss Amounts with respect to the related Collection Period and the aggregate of the Excess Loss Amounts from all Collection Periods to date; (x) the aggregate Special Hazard Losses and Fraud Losses with respect to the related Collection Period and the aggregate of each of such losses from all Collection Periods to date; (xi) the Note Balance of the Notes and the Certificate Principal Balance of the Certificates after giving effect to the distribution of principal on such Payment Date; (viixii) the Excluded Amounts, if any, received for the applicable Collection Period; (viii) with respect to each Loan Group, the aggregate Servicing Fees for the related Collection Period and the aggregate amount of Draws for the related Collection Period; (xiii) the Outstanding Reserve Amount, the Special Hazard Amount, the Fraud Loss Amount and the Reserve Amount Target immediately following such Payment Date; (a) the number and principal amount of release agreements pursuant to Section 3.05(b)(iv) entered into during the calendar year and since the Closing Date, stated separately, for the Home Loans and, the aggregate outstanding principal amount of such release agreements expressed as a percentage of the Pool Balance with information provided separately with respect to all Unsecured Loans and (b) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into since the Closing Date; and (ixxv) with respect to each Loan Group, the aggregate amount recovered during the related Collection Period consisting of all subsequent recoveries on any Home Loan that was 180 days or more delinquent. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate, as applicable, with a $1,000 denomination. (b) In addition, with respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Credit Enhancer and the Rating Agencies the following information for each Capitalization Workout entered into during the related Collection Period: (i) the original Home Loan amount; (ii) the Home Loan amount after the Capitalization Workout; (iii) the original Monthly Payment amount; (iv) the Monthly Payment amount after the Capitalization Workout; (v) the Capitalized Amount as defined in Section 3.02(a)(v) herein; (vi) the Combined Loan-to-Value Ratio prior to the Capitalization Workout; (vii) the Combined Loan-to-Value Ratio after the Capitalization Workout; and (viii) if an appraisal was used in determining the Combined Loan-to-Value Ratio referred to in (vii) above, the type and date of appraisal. The Master Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Payment Account prior to on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s 's written request, the Master Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Master Servicer to enable the Issuer to perform its federal and state income tax reporting obligations. The Master Servicer shall also forward to the Credit Enhancer and/or its designees any additional information, including without limitation, loss and delinquency information requested by the Credit Enhancer, with respect to the Home Loans.

Appears in 1 contract

Sources: Servicing Agreement (Residential Asset Mortgage Products Inc)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date (or with respect to any Payment Date for which a Credit Enhancement Draw Amount or Dissolution Draw will occur, no later than 12:00 P.M. New York City time, on the second Business Day prior to the applicable Payment Date), the Master Servicer shall forward to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the Servicer, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture shall forward or cause to be forwarded by mail or otherwise make available on its website initially located electronically at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇ to each SecurityholderCertificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, the Servicing Certificate a statement setting forth the following information, together with information (the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, "Servicing Certificate") as to the Notes and Certificates, to the extent applicable: (i) the aggregate amount of (a) the Group I Interest Remittance AmountCollections, (b) the Group I Principal Remittance Amount, (b) the Group 2 Interest Remittance Amount, Collections and (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) the Additional Balance Advance Interest Distribution Amount and (e) Substitution Amounts for each Loan GroupAdjustment Amounts; (ii) amounts paid in respect the amount of such distribution as principal to the Additional Balances from the Custodial AccountNoteholders; (iii) with the amount of such distribution as interest to the Noteholders, separately stating the portion thereof in respect to each Loan Group of overdue accrued interest; (iv) the number and Aggregate Loan Pool Balance of the Home Loans in such Loan Group as of the end of the related Collection Period; (ivv) with respect to each Loan Groupthe amount of any Credit Enhancement Draw Amount or Dissolution Draw, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed; (vi) the number and aggregate Principal Loan Balances of Home Loans (a) as to which the Monthly Payment is Delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed, (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the related Collection Period assuming twelve, thirty day monthsPeriod; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (vvii) with respect to each Loan Group, the weighted average Mortgage Interest Loan Rate for the related Collection Period; (viviii) whether or not as an Amortization Event is in effect for the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any Liquidation Loss Distribution Amounts with respect to the Notes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance; (ix) the aggregate Excess Loss Amounts with respect to the related Collection Period and the aggregate of the Excess Loss Amounts from all Collection Periods to date; (x) the aggregate Special Hazard Losses and Fraud Losses with respect to the related Collection Period and the aggregate of each of such losses from all Collection Periods to date; (xi) the Note Balance of the Notes and the Certificate Principal Balance of the Certificates after giving effect to the distribution of principal on such Payment Date; (viixii) the Excluded Amounts, if any, received for the applicable Collection Period; (viii) with respect to each Loan Group, the aggregate Servicing Fees for the related Collection Period; (xiii) the Outstanding Reserve Amount, the Special Hazard Amount, the Fraud Loss Amount and the Reserve Amount Target immediately following such Payment Date; (a) the number and principal amount of release agreements pursuant to Section 3.05(b)(iv) entered into during the calendar year and since the Closing Date, stated separately, for the Home Loans and, the aggregate outstanding principal amount of such release agreements expressed as a percentage of the Pool Balance with information provided separately with respect to all Unsecured Loans and (b) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into since the Closing Date; and (ixxv) with respect to each Loan Group, the aggregate amount recovered during the related Collection Period consisting of all subsequent recoveries on any Home Loan that was 180 days or more delinquent. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate, as applicable, with a $1,000 denomination. (b) In addition, with respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Credit Enhancer and the Rating Agencies the following information for each Capitalization Workout entered into during the related Collection Period: (i) the original Home Loan amount; (ii) the Home Loan amount after the Capitalization Workout; (iii) the original Monthly Payment amount; (iv) the Monthly Payment amount after the Capitalization Workout; (v) the Capitalized Amount as defined in Section 3.02(a)(v) herein; (vi) the Combined Loan-to-Value Ratio prior to the Capitalization Workout; (vii) the Combined Loan-to-Value Ratio after the Capitalization Workout; and (viii) if an appraisal was used in determining the Combined Loan-to-Value Ratio referred to in (vii) above, the type and date of appraisal. The Master Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Payment Account prior to on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s 's written request, the Master Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Master Servicer to enable the Issuer to perform its federal and state income tax reporting obligations. The Master Servicer shall also forward to the Credit Enhancer and/or its designees any additional information, including without limitation, loss and delinquency information requested by the Credit Enhancer, with respect to the Home Loans.

Appears in 1 contract

Sources: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date (or with respect to any Payment Date for which a Credit Enhancement Draw Amount or Dissolution Draw will occur, no later than 12:00 P.M. New York City time, on the second Business Day prior to the applicable Payment Date), the Master Servicer shall forward to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the Servicer, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture shall forward or cause to be forwarded by mail or otherwise make available on its website initially located electronically at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇” to each SecurityholderCertificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, the Servicing Certificate a statement setting forth the following information, together with information (the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, "Servicing Certificate") as to the Notes and Certificates, to the extent applicable: (i) the aggregate amount of (a) the Group I Interest Remittance AmountCollections, (b) the Group I Principal Remittance Amount, (b) the Group 2 Interest Remittance Amount, Collections and (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) the Additional Balance Advance Interest Distribution Amount and (e) Substitution Amounts for each Loan GroupAdjustment Amounts; (ii) amounts paid in respect the amount of such distribution as principal to the Additional Balances from the Custodial AccountNoteholders; (iii) with the amount of such distribution as interest to the Noteholders, separately stating the portion thereof in respect to each Loan Group of overdue accrued interest; (iv) the number and Aggregate Loan Pool Balance of the Home Loans in such Loan Group as of the end of the related Collection Period; (ivv) with respect to each Loan Groupthe amount of any Credit Enhancement Draw Amount or Dissolution Draw, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed; (vi) the number and aggregate Principal Loan Balances of Home Loans (a) as to which the Monthly Payment is Delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed, (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the related Collection Period assuming twelve, thirty day monthsPeriod; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (vvii) with respect to each Loan Group, the weighted average Mortgage Interest Loan Rate for the related Collection Period; (viviii) whether or not as an Amortization Event is in effect for the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any Liquidation Loss Distribution Amounts with respect to the Notes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance; (ix) the aggregate Excess Loss Amounts with respect to the related Collection Period and the aggregate of the Excess Loss Amounts from all Collection Periods to date; (x) the Note Balance of the Notes and the Certificate Principal Balance of the Certificates after giving effect to the distribution of principal on such Payment Date; (viixi) the Excluded Amounts, if any, received for the applicable Collection Period; (viii) with respect to each Loan Group, the aggregate Servicing Fees for the related Collection Period; and (ixxii) with respect to each Loan Group, the aggregate amount recovered during the related Collection Period consisting of all subsequent recoveries on any Loan that was 180 days or more delinquent. The Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Certificate Paying Agent Outstanding Reserve Amount and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Reserve Amount Target immediately following such Payment Account prior to the related Payment Date pursuant to Section 3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s written request, the Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Servicer to enable the Issuer to perform its federal and state income tax reporting obligations.Date;

Appears in 1 contract

Sources: Servicing Agreement (Rfmsii 2004-Hi3)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the Servicer, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture shall make available on its website initially located at “▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇” forward or cause to be forwarded by mail to each SecurityholderCertificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, the Servicing Certificate a statement setting forth the following information, together with information (the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, "Servicing Certificate") as to the Notes and Certificates, to the extent applicable: (ia) for each Loan Group, the aggregate amount of (a) the Group I Interest Remittance AmountCollections, (b) the Group I Principal Remittance Amount, Collections and (c) Substitution Adjustment Amounts for such Collection Period; (b) the Group 2 Interest Remittance Amount, amount paid as principal to the Noteholders of each Class of Notes; (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) the Additional Balance Advance Interest Distribution Amount and (e) Substitution Amounts for each Loan Group, the amount paid as interest to the Noteholders of each Class of Notes, separately stating the portion thereof in respect of Prepayment Interest Shortfalls, Relief Act Shortfalls or Basis Risk Shortfalls, if any; (iid) amounts paid in respect for each Loan Group, the aggregate Interest Distribution Amount remaining unpaid, if any, for each Class of Class I Notes and Class II Notes, after giving effect to the Additional Balances from the Custodial Accountpayments made on such Payment Date; (iiie) with respect to Loan Group I, the amount of any Group I Credit Enhancement Draw Amount or Dissolution Draw, if any, for such Payment Date, the amount paid to the Credit Enhancer in reimbursement for prior draws and the aggregate amount of prior draws under the Group I Policy not yet reimbursed; (f) with respect to Loan Group II, the amount of any Group II Credit Enhancement Draw Amount or Dissolution Draw, if any, for such Payment Date, the amount paid to the Credit Enhancer in reimbursement for prior draws and the aggregate amount of prior draws under the Group II Policy not yet reimbursed; (g) for each Loan Group Group, the number amount of such distribution as principal and Aggregate interest to the Certificateholders of the Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Loan Balance thereof; (h) the aggregate Loan Balance of the Home Equity Loans in such each Loan Group as of the end of the related preceding Collection Period; (ivi) with respect the aggregate amount of Additional Balances on the Group II Loans created during the previous Collection Period conveyed to the Issuer; (j) for each Loan Group, the number and aggregate Principal Loan Balances of Home Equity Loans (a) as to which the Minimum Monthly Payment is Delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed, foreclosed and (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the related Collection Period assuming twelve, thirty day monthsPeriod; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (vk) with respect to the Note Rate for each Loan GroupClass of Class I Notes and Class II Notes, the weighted average Mortgage Interest Group I Net WAC Rate and the Group II Net WAC Rate for the related Collection Period; (vil) whether or not as an Amortization Event is in effect for each Loan Group, the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any Liquidation Loss Distribution Amounts with respect to the Notes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance for such Loan Group; (m) the aggregate Excess Loss Amounts with respect to the Group II Loans with respect to the related Collection Period and the aggregate of the Excess Loss Amounts with respect to the Group II Loans from all Collection Periods to date; (n) for each Loan Group, the aggregate Special Hazard Losses, Fraud Losses, Bankruptcy Losses and losses caused by or resulting from an Extraordinary Event with respect to the related Collection Period and the aggregate of each of such losses from all Collection Periods to date; (o) for each Loan Group, the Security Balance of each related Class of Notes and the Certificate Principal Balance of the related Certificates after giving effect to the distribution of principal on such Payment Date; (viip) the Excluded Amounts, if any, received for the applicable Collection Period; (viii) with respect to each Loan Group, the aggregate Servicing Fees for the related Collection Period and the aggregate amount of Draws for the related Collection Period; and; (ixq) with respect to the number and amount of any increases in the Credit Limits of the Home Equity Loans during the related Collection Period; (r) the Group I Overcollateralization Amount, the Group II Overcollateralization Amount, the Undercollateralization Amount, the Special Hazard Amount for each Loan Group, the aggregate Fraud Loss Amount for each Loan Group, the Bankruptcy Loss Amount for each Loan Group, the Group I Required Overcollateralization Amount immediately following such Payment Date and the Group II Required Overcollateralization Amount immediately following such Payment Date; and (s) (1) the number and principal amount recovered of release agreements pursuant to Section 3.05(c) entered into during the related Collection Period consisting calendar year and since the Closing Date, stated separately, for the Group II Loans and, the aggregate outstanding principal amount of such release agreements expressed as a percentage of the Pool Balance for Loan Group II with information provided separately with respect to all subsequent recoveries on any Unsecured Loans and (2) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into during the calendar year and since the Closing Date, stated separately for each Loan that was 180 days Group and the aggregate outstanding amount of the Capitalization Workouts expressed as a percentage of the respective Pool Balance. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Variable Funding Note, Term Note or more delinquentCertificate, as applicable, with a $1,000 denomination. The In addition, the Master Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Payment Account prior to on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s 's written request, the Master Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Master Servicer to enable the Issuer to perform its federal and state income tax reporting obligations. (b) The Master Servicer shall, on behalf of the Depositor and in respect of the Trust, sign and cause to be filed with the Commission any periodic reports required to be filed under the provisions of the Exchange Act, and the rules and regulations of the Commission thereunder. In connection with the preparation and filing of such periodic reports, the Indenture Trustee shall timely provide to the Master Servicer (I) a list of Holders as of the end of each calendar year, (II) all material information with respect to any legal proceedings involving the Indenture Trustee or the Trust that is in the possession of the Indenture Trustee and is not, to the best of the Indenture Trustee's knowledge, in the possession of the Master Servicer, (III) all material information with respect to the submission of matters to a vote of the Holders that is in the possession of the Indenture Trustee and is not, to the best of the Indenture Trustee's knowledge, in the possession of the Master Servicer, and (IV) all material information with respect to any failure of the Indenture Trustee to make any distribution to the Holders as required pursuant to this Agreement. Neither the Master Servicer nor the Indenture Trustee shall have any liability with respect to the Master Servicer's failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer's inability or failure to obtain any information not resulting from the Master Servicer's own negligence or willful misconduct. Any Form 10-K filed with the Commission in connection with this clause (b) shall include a certification, signed by the senior officer in charge of the servicing functions of the Master Servicer, in the form attached as Exhibit E hereto or such other form as may be required or permitted by the Commission (the "Form 10-K Certification"), in compliance with Rule 13a-14 and 15d-14 under the Exchange Act and any additional directives of the Commission. This Section 4.01(b) may be amended in accordance with this Agreement without the consent of the Holders.

Appears in 1 contract

Sources: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the Servicer, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture shall make forward or cause to be forwarded by mail or made available on its website initially located at “▇▇▇."www.jpmorgam.com/sfr," to each ▇▇▇▇▇▇.▇▇▇/▇▇▇” to each Securityholder▇▇▇▇▇, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, the Servicing Certificate a statement setting forth the following information, together with information (the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, "Servicing Certificate") as to the Notes and Certificates, to the extent applicable: (i) for each of Loan Group I, Loan Group II-A and Loan Group II-B, the aggregate amount of (a) the Group I Interest Remittance AmountCollections, (b) the Group I Principal Remittance Amount, (b) the Group 2 Interest Remittance Amount, Collections and (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) the Additional Balance Advance Interest Distribution Amount and (e) Substitution Adjustment Amounts for each Loan Groupsuch Collection Period; (ii) amounts the amount paid in respect as principal to the Noteholders of the Additional Balances from the Custodial Accounteach Class of Notes; (iii) with respect to for each of Loan Group I, Loan Group II-A and Loan Group II-B, the number amount paid as interest to the Noteholders of each Class of Notes, separately stating the portion thereof in respect of Prepayment Interest Shortfalls, Relief Act Shortfalls, Group II-A Relief Act Shortfalls, Group II-B Relief Act Shortfalls, Group I Net WAC Cap Shortfalls, Group II-A Net WAC Cap Shortfalls or Group II-B Net WAC Cap Shortfalls, if any; (iv) for each of Loan Group I, Loan Group II-A and Aggregate Loan Group II-B, the aggregate Interest Distribution Amount remaining unpaid, if any, for each Class of Class I Notes and Class II Notes, after giving effect to the payments made on such Payment Date; (v) [Reserved]; (vi) the amount of any draw on the Group I Policy or the Group II Policy for such Payment Date, the amount paid to the Credit Enhancer in reimbursement for prior draws and the aggregate amount of prior draws under the Policies not yet reimbursed; (vii) for each of Loan Group I, Loan Group II-A and Loan Group II-B, the amount of such distribution as principal and interest to the Certificateholders of the Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Loan Balance thereof; (viii) the aggregate Loan Balance of the Home Equity Loans in such each Loan Group as of the end of the related preceding Collection Period; (ivix) with respect the aggregate amount of Additional Balances on the Group II Loans created during the previous Collection Period conveyed to the Issuer; (x) for each of Loan GroupGroup I, Loan Group II-A and Loan Group II-B, the number and aggregate Principal Loan Balances of Home Equity Loans (a) as to which the Minimum Monthly Payment is Delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed, foreclosed and (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the related Collection Period assuming twelve, thirty day monthsPeriod; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (vxi) with respect to the Note Rate for each Loan GroupClass of Class I Notes and Class II Notes, the weighted average Mortgage Interest Group I Net WAC Rate, the Group II-A Net WAC Rate and the Group II-B Net WAC Rate for the related Collection Period; (vixii) whether or not as an Amortization Event is in effect for each of Loan Group I, Loan Group II-A and Loan Group II-B, the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any Liquidation Loss Distribution Amounts with respect to the Notes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance for such Loan Group; (xiii) the aggregate Excess Loss Amounts with respect to the Group I Loans and the Group II Loans with respect to the related Collection Period and the aggregate of the Excess Loss Amounts with respect to the Group I Loans and the Group II Loans from all Collection Periods to date; (xiv) for each Loan Group, the aggregate Special Hazard Losses, Fraud Losses, Bankruptcy Losses and losses caused by or resulting from an Extraordinary Event with respect to the related Collection Period and the aggregate of each of such losses from all Collection Periods to date; (xv) for each of Loan Group I, Loan Group II-A and Loan Group II-B, the Security Balance of each related Class of Notes and the Certificate Principal Balance of the related Certificates after giving effect to the distribution of principal on such Payment Date; (viixvi) the Excluded Amounts, if any, received for the applicable Collection Period; (viii) with respect to each Loan Group, the aggregate Servicing Fees for the related Collection Period and the aggregate amount of Draws for the related Collection Period; and; (ixxvii) with respect to the number and amount of any increases in the Credit Limits of the Home Equity Loans during the related Collection Period; (xviii) the Group I Overcollateralization Amount, the Group II Overcollateralization Amount, the Undercollateralization Amount, the Special Hazard Amount for each Loan Group, the aggregate Fraud Loss Amount for each Loan Group, the Bankruptcy Loss Amount for each Loan Group, the Group I Required Overcollateralization Amount immediately following such Payment Date and the Group II Required Overcollateralization Amount immediately following such Payment Date; and (xix) the number and principal amount recovered of release agreements pursuant to Section 3.05(c) entered into during the calendar year and since the Closing Date, stated separately, for the Group II Loans and, the aggregate outstanding principal amount of such release agreements expressed as a percentage of the Pool Balance for Loan Group II with information provided separately with respect to all Unsecured Loans and (2) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into during the calendar year and since the Closing Date, stated separately for each of Loan Group I, Loan Group II-A and Loan Group II-B and the aggregate outstanding amount of the Capitalization Workouts expressed as a percentage of the respective Pool Balance. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Variable Funding Note, Term Note or Certificate, as applicable, with a $1,000 denomination. If an Amortization Event or Servicing Default shall occur, on the Business Day following the related Collection Period consisting Determination Date, the Master Servicer shall forward to the Indenture Trustee, a statement of all subsequent recoveries on any Loan that was 180 days such effect, including the nature of such Amortization Event or more delinquentServicing Default. The Indenture Trustee shall deliver or cause to be delivered by mail to the Credit Enhancer notice of such Amortization Event or Servicing Default, including, the nature thereof. Such statement may be included in, or separate from, the regular statement to Securityholders. In addition, the Master Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Payment Account prior to on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, shall be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s 's written request, the Master Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Master Servicer to enable the Issuer to perform its federal and state income tax reporting obligations. (b) The Master Servicer shall, on behalf of the Depositor and in respect of the Trust, sign and cause to be filed with the Commission any periodic reports required to be filed under the provisions of the Exchange Act, and the rules and regulations of the Commission thereunder. In connection with the preparation and filing of such periodic reports, the Indenture Trustee shall timely provide to the Master Servicer (I) a list of Holders as shown on the Certificate Register and the Note Register as of the end of each calendar year, (II) copies of all pleadings, other legal process and any other documents relating to any claims, charges and complaints involving the Indenture Trustee, as indenture trustee hereunder, or the Trust that are received by the Indenture Trustee, (III) notice of all matters that, to the actual knowledge of a Responsible Officer of the Indenture Trustee, have been submitted to a vote of the Holders, other than those matters that have been submitted to a vote of the Holders at the request of the Depositor or the Master Servicer, and (IV) notice of any failure of the Indenture Trustee to make any distribution to the Holders as required pursuant to this Agreement. Neither the Master Servicer nor the Indenture Trustee shall have any liability with respect to the Master Servicer's failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer's inability or failure to obtain any information not resulting from the Master Servicer's own negligence or willful misconduct. Any Form 10-K filed with the Commission in connection with this clause (b) shall include a certification, signed by the senior officer in charge of the servicing functions of the Master Servicer, in the form attached as Exhibit E hereto or such other form as may be required or permitted by the Commission (the "Form 10-K Certification"), in compliance with Rules 13a-14 and 15d-14 under the Exchange Act and any additional directives of the Commission. In connection with the Form 10-K Certification, the Indenture Trustee shall provide the Master Servicer with a back-up certification substantially in the form attached hereto as Exhibit F. This Section 4.01(b) may be amended in accordance with this Agreement, but without the Rating Agency confirmations otherwise required by Section 8.01, and without the consent of the Holders.

Appears in 1 contract

Sources: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the Servicer, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture shall make forward or cause to be forwarded by mail or made available on its website initially located at "▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇," to each SecurityholderCertificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, the Servicing Certificate a statement setting forth the following information, together with information (the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, "Servicing Certificate") as to the Notes and Certificates, to the extent applicable: (i) for each of Loan Group I and Loan Group II, the aggregate amount of (a) the Group I Interest Remittance AmountCollections, (b) the Group I Principal Remittance Amount, (b) the Group 2 Interest Remittance Amount, Collections and (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) the Additional Balance Advance Interest Distribution Amount and (e) Substitution Adjustment Amounts for each Loan Groupsuch Collection Period; (ii) amounts the amount paid in respect as principal to the Noteholders of the Additional Balances from the Custodial Accounteach Class of Notes; (iii) with respect to for each of Loan Group I and Loan Group II, the number amount paid as interest to the Noteholders of each Class of Notes, separately stating the portion thereof in respect of Prepayment Interest Shortfalls, Relief Act Shortfalls, Group I Net WAC Cap Shortfalls or Group II Net WAC Cap Shortfalls, if any; (iv) for each of Loan Group I and Aggregate Loan Group II, the aggregate Interest Distribution Amount remaining unpaid, if any, for each Class of Class I Notes and Class II Notes, after giving effect to the payments made on such Payment Date; (v) [Reserved]; (vi) the amount of any draw on the Group I Policy or the Group II Policy for such Payment Date, the amount paid to the Credit Enhancer in reimbursement for prior draws and the aggregate amount of prior draws under the Policies not yet reimbursed; (vii) for each of Loan Group I and Loan Group II, the amount of such distribution as principal and interest to the Certificateholders of the Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Loan Balance thereof; (viii) the aggregate Loan Balance of the Home Equity Loans in such each Loan Group as of the end of the related preceding Collection Period; (ivix) with respect the aggregate amount of Additional Balances on the Group II Loans created during the previous Collection Period conveyed to the Issuer; (x) for each of Loan GroupGroup I and Loan Group II, the number and aggregate Principal Loan Balances of Home Equity Loans (a) as to which the Minimum Monthly Payment is Delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed, foreclosed and (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the related Collection Period assuming twelve, thirty day monthsPeriod; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (vxi) with respect to the Note Rate for each Loan GroupClass of Class I Notes and Class II Notes, the weighted average Mortgage Interest Group I Net WAC Rate and the Group II Net WAC Rate for the related Collection Period; (vixii) whether or not as an Amortization Event is in effect for each of Loan Group I and Loan Group II, the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any Liquidation Loss Distribution Amounts with respect to the Notes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance for such Loan Group; (xiii) the aggregate Excess Loss Amounts with respect to the Group I Loans and the Group II Loans with respect to the related Collection Period and the aggregate of the Excess Loss Amounts with respect to the Group I Loans and the Group II Loans from all Collection Periods to date; (xiv) for each Loan Group, the aggregate Bankruptcy Losses and losses caused by or resulting from an Extraordinary Event with respect to the related Collection Period and the aggregate of each of such losses from all Collection Periods to date; (xv) for each of Loan Group I and Loan Group II, the Security Balance of each related Class of Notes and the Certificate Principal Balance of the related Certificates after giving effect to the distribution of principal on such Payment Date; (viixvi) the Excluded Amounts, if any, received for the applicable Collection Period; (viii) with respect to each Loan Group, the aggregate Servicing Fees for the related Collection Period and the aggregate amount of Draws for the related Collection Period; (xvii) the number and amount of any increases in the Credit Limits of the Home Equity Loans during the related Collection Period; (xviii) the Group I Overcollateralization Amount, the Group II Overcollateralization Amount, the Undercollateralization Amount, the Group I Required Overcollateralization Amount immediately following such Payment Date and the Group II Required Overcollateralization Amount immediately following such Payment Date; and (ixxix) the number and principal amount of release agreements pursuant to Section 3.05(c) entered into during the calendar year and since the Closing Date, stated separately, for the Group II Loans and, the aggregate outstanding principal amount of such release agreements expressed as a percentage of the Pool Balance for Loan Group II with information provided separately with respect to all Unsecured Loans and (2) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into during the calendar year and since the Closing Date, stated separately for each of Loan GroupGroup I and Loan Group II and the aggregate outstanding amount of the Capitalization Workouts expressed as a percentage of the respective Pool Balance. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount recovered during per Variable Funding Note, Term Note or Certificate, as applicable, with a $1,000 denomination. If an Amortization Event or Servicing Default shall occur, on the Business Day following the related Collection Period consisting Determination Date, the Master Servicer shall forward to the Indenture Trustee, a statement of all subsequent recoveries on any Loan that was 180 days such effect, including the nature of such Amortization Event or more delinquentServicing Default. The Indenture Trustee shall deliver or cause to be delivered by mail to the Credit Enhancer notice of such Amortization Event or Servicing Default, including, the nature thereof. Such statement may be included in, or separate from, the regular statement to Securityholders. In addition, the Master Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Payment Account prior to on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, shall be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s 's written request, the Master Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Master Servicer to enable the Issuer to perform its federal and state income tax reporting obligations. (b) The Master Servicer shall, on behalf of the Depositor and in respect of the Trust, sign and cause to be filed with the Commission any periodic reports required to be filed under the provisions of the Exchange Act, and the rules and regulations of the Commission thereunder. In connection with the preparation and filing of such periodic reports, the Indenture Trustee shall timely provide to the Master Servicer (I) a list of Holders as shown on the Certificate Register and the Note Register as of the end of each calendar year, (II) copies of all pleadings, other legal process and any other documents relating to any claims, charges and complaints involving the Indenture Trustee, as indenture trustee hereunder, or the Trust that are received by the Indenture Trustee, (III) notice of all matters that, to the actual knowledge of a Responsible Officer of the Indenture Trustee, have been submitted to a vote of the Holders, other than those matters that have been submitted to a vote of the Holders at the request of the Depositor or the Master Servicer, and (IV) notice of any failure of the Indenture Trustee to make any distribution to the Holders as required pursuant to this Agreement. Neither the Master Servicer nor the Indenture Trustee shall have any liability with respect to the Master Servicer's failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer's inability or failure to obtain any information not resulting from the Master Servicer's own negligence or willful misconduct. Any Form 10-K filed with the Commission in connection with this clause (b) shall include a certification, signed by the senior officer in charge of the servicing functions of the Master Servicer, in the form attached as Exhibit E hereto or such other form as may be required or permitted by the Commission (the "Form 10-K Certification"), in compliance with Rules 13a-14 and 15d-14 under the Exchange Act and any additional directives of the Commission. In connection with the Form 10-K Certification, the Indenture Trustee shall provide the Master Servicer with a back-up certification substantially in the form attached hereto as Exhibit F. This Section 4.01(b) may be amended in accordance with this Agreement, but without the Rating Agency confirmations otherwise required by Section 8.01, and without the consent of the Holders.

Appears in 1 contract

Sources: Servicing Agreement (Home Equity Loan Trust 2005-Hs2)

Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date (or with respect to any Payment Date for which a Credit Enhancement Draw Amount or Dissolution Draw will occur, no later than 12:00 P.M. New York City time, on the second Business Day prior to the applicable Payment Date), the Master Servicer shall forward to the Indenture Trustee a report containing the information found on their servicing system (Fidelity) in reports P139, P195, S214 and S215 and any additional information reasonably available to the Servicer as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). Based solely on the information provided by the Servicer, upon which information it may conclusively rely without verification, the Indenture Trustee pursuant to Section 3.25 3.26 of the Indenture shall forward or cause to be forwarded by mail or otherwise make available on its website initially located electronically at “▇w▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇” to each SecurityholderCertificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, the Servicing Certificate a statement setting forth the following information, together with information (the other information set forth in the monthly statement prepared by the Indenture Trustee pursuant to Section 3.25 of the Indenture, "Servicing Certificate") as to the Notes and Certificates, to the extent applicable: (i) the aggregate amount of (a) the Group I Interest Remittance AmountCollections, (b) the Group I Principal Remittance Amount, (b) the Group 2 Interest Remittance Amount, Collections and (c) Group ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (▇) the Additional Balance Advance Interest Distribution Amount and (e) Substitution Amounts for each Loan GroupAdjustment Amounts; (ii) amounts paid in respect the amount of such distribution as principal to the Additional Balances from the Custodial AccountNoteholders; (iii) with the amount of such distribution as interest to the Noteholders, separately stating the portion thereof in respect to each Loan Group of overdue accrued interest; (iv) the number and Aggregate Loan Pool Balance of the Home Loans in such Loan Group as of the end of the related Collection Period; (ivv) with respect to each Loan Groupthe amount of any Credit Enhancement Draw Amount or Dissolution Draw, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed; (vi) the number and aggregate Principal Loan Balances of Home Loans (a) as to which the Monthly Payment is Delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (b) that are foreclosed, (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the related Collection Period assuming twelve, thirty day monthsPeriod; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (vvii) with respect to each Loan Group, the weighted average Mortgage Interest Loan Rate for the related Collection Period; (viviii) whether or not as an Amortization Event is in effect for the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any Liquidation Loss Distribution Amounts with respect to the Notes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the aggregate Cut-off Date Loan Balance; (ix) the aggregate Excess Loss Amounts with respect to the related Collection Period and the aggregate of the Excess Loss Amounts from all Collection Periods to date; (x) the Note Balance of the Notes and the Certificate Principal Balance of the Certificates after giving effect to the distribution of principal on such Payment Date; (viixi) the Excluded Amounts, if any, received for the applicable Collection Period; (viii) with respect to each Loan Group, the aggregate Servicing Fees for the related Collection Period; and; (ixxii) the Outstanding Reserve Amount and the Reserve Amount Target immediately following such Payment Date; (xiii) (a) the number and principal amount of release agreements pursuant to Section 3.05(b)(iv) entered into during the calendar year and since the Closing Date, stated separately, for the Home Loans and, the aggregate outstanding principal amount of such release agreements expressed as a percentage of the Pool Balance with information provided separately with respect to each Loan Group, all Unsecured Loans and (b) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into since the Closing Date; (xiv) the aggregate amount recovered during the related Collection Period consisting of all subsequent recoveries on any Home Loan that was 180 days or more delinquent; (xv) the amount, if any, to be paid by a Derivative Counterparty under a Derivative Contract; and (xvi) whether or not a Servicing Trigger has occurred. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate, as applicable, with a $1,000 denomination. (b) In addition, with respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Credit Enhancer and the Rating Agencies the following information for each Capitalization Workout entered into during the related Collection Period: (i) the original Home Loan amount; (ii) the Home Loan amount after the Capitalization Workout; (iii) the original Monthly Payment amount; (iv) the Monthly Payment amount after the Capitalization Workout; (v) the Capitalized Amount as defined in Section 3.02(a)(v) herein; (vi) the Combined Loan-to-Value Ratio prior to the Capitalization Workout; (vii) the Combined Loan-to-Value Ratio after the Capitalization Workout; and (viii) if an appraisal was used in determining the Combined Loan-to-Value Ratio referred to in (vii) above, the type and date of appraisal. The Master Servicer shall also forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. The Servicer agrees to perform the obligations of the Servicer set forth in Section 8.02 of the Trust Agreement set forth in Article XI of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Certificate Paying Agent and the Indenture Trustee setting forth the aggregate amounts required to be withdrawn from the Custodial Account and deposited into the Payment Account prior to on the Business Day preceding the related Payment Date pursuant to Section 3.03. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Issuer’s 's written request, the Master Servicer shall promptly furnish information reasonably requested by the Issuer that is reasonably available to the Master Servicer to enable the Issuer to perform its federal and state income tax reporting obligations. The Master Servicer shall also forward to the Credit Enhancer and/or its designees any additional information, including without limitation, loss and delinquency information requested by the Credit Enhancer, with respect to the Home Loans.

Appears in 1 contract

Sources: Servicing Agreement (Rfmsii 2005-Hi1)