ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENT (Servicing Only)
Exhibit
99.16a
ASSIGNMENT,
ASSUMPTION AND RECOGNITION AGREEMENT (Servicing Only)
THIS
ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENT, dated April 1, 2007,
(“Agreement”) among ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Mortgage Capital Inc.
(“Assignor”), ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Capital I Inc. (“Assignee”) and ▇▇▇▇▇
Fargo Bank, National Association (in such capacity, the “Company”) and
acknowledged by LaSalle Bank National Association (“LaSalle”), as trustee
(“Trustee”) of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Mortgage Loan Trust 2007-7AX (the
“Trust”), and ▇▇▇▇▇ Fargo Bank, National Association, as master servicer
(or any successor master servicer, the “Master Servicer”):
For
and
in consideration of the sum of TEN DOLLARS ($10.00) and other valuable
consideration the receipt and sufficiency of which hereby are acknowledged,
and
of the mutual covenants herein contained, the parties hereto hereby agree as
follows:
1. Assignment
and Conveyance
The
Assignor hereby conveys, sells, grants, transfers and assigns to the Assignee
all of the right, title and interest of the Assignor, as purchaser, in, to
and
under (a) those certain mortgage loans listed on the schedule (the “Mortgage
Loan Schedule”) attached hereto as Schedule I (the “Mortgage Loans”)
and (b) except as described below, that certain Master Seller’s Warranties and
Servicing Agreement dated as of April 1, 2006 (the “SWSA”), between the
Assignor, as purchaser (the “Purchaser”), and the Company, as servicer, solely
insofar as the SWSA relates to the Mortgage Loans. In connection with
the transfer of the Mortgage Loans hereunder, the Company agrees that, from
and
after the date hereof, each Mortgage Loan transferred hereunder will be subject
to, and serviced under, the SWSA.
The
Assignor specifically reserves and does not assign to the Assignee hereunder
any
and all right, title and interest in, to and under and any obligations of the
Assignor with respect to any mortgage loans subject to the SWSA which are not
the Mortgage Loans set forth on the Mortgage Loan Schedule and are not the
subject of this Agreement.
2. Recognition
of the Company
From
and
after April 30, 2007 (the “Closing Date”), the Company shall and does
hereby recognize that the Assignor will transfer the Mortgage Loans and assign
its rights under the SWSA to the Assignee and that the Assignee will thereafter
transfer the Mortgage Loans and assign its rights under the SWSA and this
Agreement to the Trust created pursuant to a pooling and servicing agreement,
dated as of April 1, 2007 (the “Pooling Agreement”), among the Assignee,
▇▇▇▇▇ Fargo Bank, National Association, as securities administrator,
the Master Servicer and the Trustee. The Company hereby acknowledges
and agrees that from and after the date hereof (i) the Trust will be the owner
of the Mortgage Loans, (ii) the Company shall look solely to the Trust for
performance of any obligations of the Assignor insofar as they relate to the
enforcement of the representations, warranties and covenants with respect to
the
Mortgage Loans, (iii) the Trust (including the Trustee and, with respect to
the
servicing of the Mortgage Loans, the Master Servicer acting on the Trust’s
behalf) shall have all the rights and remedies available to the Assignor,
insofar as they relate to the Mortgage Loans, under the SWSA, including, without
limitation, the enforcement of the document delivery requirements set forth
in
Section 2.01 of the SWSA, and shall be entitled to enforce all of the
obligations of the Company thereunder insofar as they relate to the Mortgage
Loans, and (iv) all references to the Owner (insofar as they relate to the
rights, title and interest and, with respect to obligations of the Owner, only
insofar as they relate to the enforcement of the representations, warranties
and
covenants of the Company) under the SWSA insofar as they relate to the Mortgage
Loans, shall be deemed to refer to the Trust. Neither the Company nor
the Assignor shall amend or agree to amend, modify, waive, or otherwise alter
any of the terms or provisions of the SWSA which amendment, modification, waiver
or other alteration would in any way affect the Mortgage Loans
or
the
Company’s performance under the SWSA with respect to the Mortgage Loans without
the prior written consent of the Trustee and the Master Servicer.
3. Notwithstanding
any statement to the contrary in Section 2 above, the Company shall and does
hereby acknowledge that the indemnification provisions set forth in
Section 3.03, Section 8.01 and the first instance of Section 9.01(f) of the
SWSA
shall be available to and for the benefit of the Assignor, the Assignee and
the
Trust (including the Trustee and the Master Servicer acting on the Trust’s
behalf), as provided in the SWSA.
With
regards to the Mortgage Loans, a breach of the representations and warranties
contained in Section 3.01 of the SWSA shall constitute termination of the
Company as servicer as provided for in Section 11.01 of the
SWSA. Section 3.02 of the SWSA shall not apply to the Mortgage
Loans.
4. Representations
and Warranties
a. The
Assignee represents and warrants that it is a sophisticated investor able to
evaluate the risks and merits of the transactions contemplated hereby, and
that
it has not relied in connection therewith upon any statements or representations
of the Assignor or the Company other than those contained in the SWSA or this
Agreement.
b. Each
of the parties hereto represents and warrants that it is duly and legally
authorized to enter into this Agreement.
c. Each
of the Assignor, Assignee and Company hereto represents and warrants that this
Agreement has been duly authorized, executed and delivered by it and (assuming
due authorization, execution and delivery thereof by each of the other parties
hereto) constitutes its legal, valid and binding obligation, enforceable against
it in accordance with its terms, except as such enforcement may be limited
by
bankruptcy, insolvency, reorganization or other similar laws affecting the
enforcement of creditors’ rights generally and with respect to the Company,
similar laws administered by the FDIC affecting the contract obligations of
insured banks and by general equitable principles (regardless of whether such
enforcement is considered in a proceeding in equity or at law).
d. The
Company hereby restates, as of the Closing Date (as defined in the Pooling
Agreement, the representations and warranties set forth in Section 3.01 of
the SWSA to and for the benefit of the Assignee and the Trust, and by
this reference incorporates such representations and warranties herein, as
of
such Closing Date.
5. The
Company hereby acknowledges that ▇▇▇▇▇ Fargo Bank, National Association has
been
appointed as the Master Servicer of the Mortgage Loans pursuant to the Pooling
Agreement and, therefore, has the right to enforce all obligations of the
Company under the SWSA. Such rights will include, without limitation, the right
to terminate the Company under the SWSA upon the occurrence of an event of
default thereunder, the right to receive all remittances required to be made
by
the Company under the SWSA, the right to receive all monthly reports and other
data required to be delivered by the Company under the SWSA, the right to
examine the books and records of the Company, indemnification rights and the
right to exercise certain rights of consent and approval relating to actions
taken by the Assignor. The Company shall make all distributions under the SWSA
to the Master Servicer by wire transfer of immediately available funds
to:
▇▇▇▇▇
Fargo Bank, National Association
ABA
Number: ▇▇▇-▇▇▇-▇▇▇
Account
Name: Corporate Trust Clearing
Account
number: ▇▇▇▇▇▇▇▇▇▇
For
further credit to: [ ], MSM 2007-7AX
The
Company shall deliver all reports required to be delivered under this Agreement
to the Master Servicer at the following address:
▇▇▇▇▇
Fargo Bank, National Association
▇▇▇▇
▇▇▇
▇▇▇▇▇▇▇▇▇ ▇▇▇▇
▇▇▇▇▇▇▇▇,
▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Attention:
Client Manager, MSM 2007-7AX
Telecopier:
(▇▇▇) ▇▇▇-▇▇▇▇
6. Certain
Matters Regarding the Trustee
Each
party hereto hereby agrees as follows:
It
is
expressly understood and agreed by the parties hereto that (i) this Assignment
is executed and delivered by LaSalle Bank National Association, not individually
or personally but solely on behalf of the Trust, as the assignee, in the
exercise of the powers and authority conferred and vested in it, as Trustee,
pursuant to the Pooling Agreement, (ii) each of the representations,
undertakings and agreements herein made on the part of assignee is made and
intended not as personal representations, undertakings and agreements by LaSalle
Bank National Association but is made and intended for the purpose of binding
only the Trust, (iii) nothing herein contained shall be construed as creating
any liability for LaSalle Bank National Association, individually or personally,
to perform any covenant (either express or implied) contained herein, (iv)
under
no circumstances shall LaSalle Bank National Association be personally liable
for the payment of any indebtedness or expenses of the Trust, or be liable
for
the breach or failure of any obligation, representation, warranty or covenant
made or undertaken by the Trust under this Assignment and (v) all recourse
for
any payment liability or other obligation of the assignee shall be had solely
to
the assets of the Trust.
7. Amendments
to the SWSA
The
parties to this Agreement hereby agree to amend the SWSA as
follows:
|
|
a.
|
With
respect to Article I, “Permitted Investments” shall have the meaning of
such term as defined in the Pooling and Servicing
Agreement.
|
|
|
b.
|
With
respect to Article I, the definition of “Static Pool Information” shall be
inapplicable.
|
|
|
c.
|
With
respect to Article I, the definition of “Third-Party Originator” shall be
inapplicable.
|
|
|
d.
|
Section
3.01(i) (Selection Process), Section 3.01(k) (Sale Treatment) and
Section
3.01(m) (No Broker’s Fees) of the SWSA shall be
inapplicable.
|
|
|
e.
|
Section
3.02 shall be inapplicable.
|
|
|
f.
|
Section
4.05(vii) is hereby amended to add the term “Monthly Advances,” prior to
the term “Servicing Advances.”
|
|
|
g.
|
The
following is added as the second paragraph of Section
4.09:
|
“Amounts
on deposit in the Custodial Account may at the option of the Servicer be
invested in Permitted Investments. Any such Permitted Investment
shall be made in the name of the Servicer in trust for the benefit of the
Owner. All income on or gain realized from any such Permitted
Investment shall be for the benefit of the Servicer and may be withdrawn from
the Custodial Account at any time by the Servicer. Any losses
incurred in respect of any such investment shall be deposited in the Custodial
Account, by the Servicer out of its own funds immediately as
realized.”
|
|
h.
|
Section
4.13 is hereby deleted in its entirety and replaced with the
following:
|
The
Company or its agent shall inspect the Mortgaged Property as often as
deemed necessary by the Company in accordance with Accepted Servicing Practices
or as may be required by the primary mortgage guaranty insurer, to assure itself
that the value of the Mortgaged Property is being preserved. The
Company shall keep a record of each such inspection and, upon request, shall
provide the Purchaser with an electronic report of each such
inspection.
|
|
i.
|
The
words “on or before the Remittance Date” are hereby deleted from the first
sentence of Section 4.17.
|
|
|
j.
|
The
second sentence of the second paragraph of Section 5.01 is hereby
amended
and restated in its entirety as
follows:
|
“Such
interest shall be deposited in the Custodial Account by the Company on the
date
such late payment is made and shall cover the period commencing with the day
following the Business Day on which such payment was due and ending with the
Business Day on which such payment is made, both inclusive.”
|
|
k.
|
The
first paragraph of Section 5.02 is hereby amended and restated in
its
entirety as follows:
|
“Not
later than the Remittance Report Date, the Company shall furnish to the Master
Servicer, on behalf of the Purchaser, in a format mutually agreed to between
the
Company and the Master Servicer, the information required by the reports
attached hereto as Exhibit II, or a form otherwise mutually agreed to by the
Company and Purchaser, with a trial balance report attached thereto, as to
the
remittance period ending on the last day of the preceding month.”
|
|
l.
|
The
second paragraph of Section 6.02 is hereby deleted in its entirety
and
replaced with the following:
|
“If
the
Company satisfies or releases a Mortgage without first having obtained
payment in full of the indebtedness secured by the Mortgage (other than as
a
result of a modification of the Mortgage Loan or a liquidation of the Mortgaged
Property pursuant to the terms of this Agreement) or should the Company
otherwise prejudice any rights the Assignee may have under the mortgage
instruments, upon written demand of the Assignee, the Company shall deposit
in
the Custodial Account the entire outstanding principal balance, plus all accrued
interest on such Mortgage Loan within two (2) Business Days of its receipt
thereof. The Company shall maintain the Fidelity Bond and Errors and
Omissions Insurance Policy as provided for in Section 4.12 insuring the Company
against any loss it may sustain with respect to any Mortgage Loan not satisfied
in accordance with the procedures set forth herein.”
|
|
m.
|
Section
6.05 is hereby deleted in its entirety and replaced with the
following:
|
“[Reserved]”.
|
|
n.
|
The
third clause of the first sentence of Section 6.07(ii) is hereby
amended
and restated as follows:
|
“which
continues unremedied for fourteen (14) calendar days after the date on which
such information,”
|
|
o.
|
Section
9.01(e)(i) is hereby deleted in its
entirety.
|
|
|
p.
|
Section
9.01(e)(ii) is hereby deleted in its
entirety.
|
|
|
q.
|
Section
9.01(e)(iii) is amended to require the Company to comply with the
obligations thereof in connection with the purchase of servicing
rights
for the Specified Mortgage Loans.
|
|
|
r.
|
The
following is added as the second paragraph of Section
9.01(e)(vii):
|
“The
Company shall provide to the Purchaser, any Master Servicer and any Depositor,
evidence of the authorization of the person signing any certification or
statement, copies or other evidence of Fidelity Bond Insurance and Errors and
Omission Insurance policy, financial information and reports, and such other
information related to the Company or any Subservicer or the Company or such
Subservicer’s performance hereunder.”
|
|
s.
|
Section
9.01(f)(i)(A) is amended to change the cross-reference regarding
material
provided in written or electronic form from “Section 9.01(f)” to “Section
9.01(e)”.
|
|
|
t.
|
Section
10.01(ii) is hereby amended and restated in its entirety as
follows:
|
“failure
by the Company duly to observe or perform in any material respect any other
of
the covenants or agreements on the part of the Company set forth in this
Agreement (other than as set forth in Section 6.07) which continues unremedied
for a period of 90 days after the date on which written notice of such failure,
requiring the same to be remedied, shall have been given to the Company by
the
Purchaser or by the Custodian; or”
|
|
u.
|
Written
notice provided in compliance with Sections 9.01 (e)(iv), (v) and
(vi) of
the SWSA shall be substantially in the form of Exhibit III to this
Agreement.
|
8. Miscellaneous
A
copy of
all assessments, attestations, reports and certifications required to be
delivered by the Servicer under this Agreement and the SWSA shall be delivered
to the Master Servicer by the date(s) specified herein or therein, and where
such documents are required to be addressed to any party, such addressees shall
include the Master Servicer and the Master Servicer shall be entitled to rely
on
such documents.
Any
notices or other communications permitted or required under the Agreement to
be
made to the Assignor, Assignee, the Master Servicer, the Company, and the
Trustee shall be made in accordance with the terms of the Agreement and shall
be
sent to the Depositor and Trustee as follows:
In
the
case of the Depositor:
▇▇▇▇▇▇
▇▇▇▇▇▇▇ Capital I Inc.
▇▇▇▇
▇▇▇▇▇▇▇▇
▇▇▇
▇▇▇▇,
▇▇▇ ▇▇▇▇ ▇▇▇▇▇
Attention: ▇▇▇▇▇▇
▇▇▇▇▇▇▇ Mortgage Loan Trust 2007-7AX
In
the
case of the Trustee:
LaSalle
Bank National Association
▇▇▇
▇▇▇▇▇
▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇
▇▇▇▇▇▇▇,
▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Attention:
Global Securities and Trust Services MSM 2007-7AX
In
the
case of the Company:
▇▇▇▇▇
Fargo Bank, N.A.
1
Home
▇▇▇▇▇▇
▇▇▇
▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇
Attention: ▇▇▇▇
▇. ▇▇▇▇▇, MAC#X2302-033
With
a
copy to
▇▇▇▇▇
Fargo Bank, N.A.
▇▇▇▇
▇▇▇
▇▇▇▇▇▇▇ ▇▇▇
▇▇▇▇▇▇▇▇▇,
▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Attention: ▇▇▇▇▇▇
▇▇▇▇▇▇▇▇, MAC#X3901-01C
With
a
copy to:
▇▇▇▇▇
Fargo Bank, N.A.
1
Home
Campus
▇▇▇
▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇
Attention: General
Counsel, MAC#X2401-06T
9. This
Agreement shall be construed in accordance with the laws of the State of New
York, without regard to conflicts of law principles, and the obligations, rights
and remedies of the parties hereunder shall be determined in accordance with
such laws.
10. No
term or provision of this Agreement may be waived or modified unless such waiver
or modification is in writing and signed by the party against whom such waiver
or modification is sought to be enforced.
11. This
Agreement shall inure to the benefit of (i) the successors and assigns of the
parties hereto and (ii) the Trust (including the Trustee and the Master Servicer
acting on the Trust’s behalf). Any entity into which Assignor, Assignee or
Company may be merged or consolidated shall, without the requirement for any
further writing, be deemed Assignor, Assignee or Company, respectively,
hereunder.
12. Each
of this Agreement and the SWSA shall survive the conveyance of the Mortgage
Loans and the assignment of the SWSA (solely with respect to the Mortgage Loans)
by Assignor to Assignee and nothing contained herein shall supersede or amend
the terms of the SWSA.
13. This
Agreement may be executed simultaneously in any number of counterparts. Each
counterpart shall be deemed to be an original and all such counterparts shall
constitute one and the same instrument.
14. In
the event that any provision of this Agreement conflicts with any provision
of
the SWSA with respect to the Mortgage Loans, the terms of this Agreement shall
control.
15. Capitalized
terms used in this Agreement (including the exhibits hereto) but not
defined in this Agreement shall have the meanings given to such terms in the
SWSA.
[SIGNATURE
PAGE FOLLOWS]
IN
WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
duly authorized officers as of the date first above written.
|
▇▇▇▇▇▇
▇▇▇▇▇▇▇ MORTGAGE CAPITAL INC.
By:
/s/ ▇▇▇▇▇▇▇ ▇▇▇
Name:
▇▇▇▇▇▇▇ ▇▇▇
Title:
Vice President
▇▇▇▇▇▇
▇▇▇▇▇▇▇ CAPITAL I INC.
By:
/s/ ▇▇▇▇▇▇▇ ▇▇▇
Name:
▇▇▇▇▇▇▇ ▇▇▇
Title:
Vice President
▇▇▇▇▇
FARGO BANK, N.A.
By:
/s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Name:
▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Title:
Vice President
|
Acknowledged
and Agreed:
▇▇▇▇▇
FARGO BANK, NATIONAL
ASSOCIATION,
as Master Servicer
By:
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Name:
▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Title:
Vice President
LASALLE
BANK NATIONAL ASSOCIATION,
as
Trustee of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Mortgage
Loan Trust 2007-7AX
By:
/s/ ▇▇▇▇ ▇▇▇▇▇
Name:
▇▇▇▇ ▇▇▇▇▇
Title:
Vice President
Schedule
I
Specified
Mortgage Loan Schedule
[see
Schedule A to the Pooling and Servicing Agreement
on
file
with the Servicer, the Master Servicer and the Depositor]
Exhibit
IIA: Standard
File
Layout – Delinquency Reporting
*The
column/header names in bold are the minimum
fields ▇▇▇▇▇ Fargo must receive from every Servicer
|
Column/Header
Name
|
Description
|
Decimal
|
Format
Comment
|
|
SERVICER_LOAN_NBR
|
A
unique number assigned to a loan by the Servicer. This may be
different than the LOAN_NBR
|
|
|
|
LOAN_NBR
|
A
unique identifier assigned to each loan by the originator.
|
|
|
|
CLIENT_NBR
|
Servicer
Client Number
|
||
|
SERV_INVESTOR_NBR
|
Contains
a unique number as assigned by an external servicer to identify a
group of
loans in their system.
|
|
|
|
BORROWER_FIRST_NAME
|
First
Name of the Borrower.
|
||
|
BORROWER_LAST_NAME
|
Last
name of the borrower.
|
||
|
PROP_ADDRESS
|
Street
Name and Number of Property
|
|
|
|
PROP_STATE
|
The
state where the property located.
|
|
|
|
PROP_ZIP
|
Zip
code where the property is located.
|
|
|
|
BORR_NEXT_PAY_DUE_DATE
|
The
date that the borrower's next payment is due to the servicer at the
end of
processing cycle, as reported by Servicer.
|
MM/DD/YYYY
|
|
|
LOAN_TYPE
|
Loan
Type (i.e. FHA, VA, Conv)
|
|
|
|
BANKRUPTCY_FILED_DATE
|
The
date a particular bankruptcy claim was filed.
|
MM/DD/YYYY
|
|
|
BANKRUPTCY_CHAPTER_CODE
|
The
chapter under which the bankruptcy was filed.
|
|
|
|
BANKRUPTCY_CASE_NBR
|
The
case number assigned by the court to the bankruptcy
filing.
|
|
|
|
POST_PETITION_DUE_DATE
|
The
payment due date once the bankruptcy has been approved by the
courts
|
MM/DD/YYYY
|
|
|
BANKRUPTCY_DCHRG_DISM_DATE
|
The
Date The Loan Is Removed From Bankruptcy. Either by Dismissal, Discharged
and/or a Motion For Relief Was Granted.
|
MM/DD/YYYY
|
|
|
LOSS_MIT_APPR_DATE
|
The
Date The Loss Mitigation Was Approved By The Servicer
|
MM/DD/YYYY
|
|
|
LOSS_MIT_TYPE
|
The
Type Of Loss Mitigation Approved For A Loan Such As;
|
||
|
LOSS_MIT_EST_COMP_DATE
|
The
Date The Loss Mitigation /Plan Is Scheduled To End/Close
|
MM/DD/YYYY
|
|
|
LOSS_MIT_ACT_COMP_DATE
|
The
Date The Loss Mitigation Is Actually Completed
|
MM/DD/YYYY
|
|
|
FRCLSR_APPROVED_DATE
|
The
date DA Admin sends a letter to the servicer with instructions to
begin
foreclosure proceedings.
|
MM/DD/YYYY
|
|
|
ATTORNEY_REFERRAL_DATE
|
Date
File Was Referred To Attorney to Pursue Foreclosure
|
MM/DD/YYYY
|
|
|
FIRST_LEGAL_DATE
|
Notice
of 1st legal filed by an Attorney in a Foreclosure Action
|
MM/DD/YYYY
|
|
|
FRCLSR_SALE_EXPECTED_DATE
|
The
date by which a foreclosure sale is expected to occur.
|
MM/DD/YYYY
|
|
|
FRCLSR_SALE_DATE
|
The
actual date of the foreclosure sale.
|
MM/DD/YYYY
|
|
|
FRCLSR_SALE_AMT
|
The
amount a property sold for at the foreclosure sale.
|
2
|
No
commas(,) or dollar signs ($)
|
|
EVICTION_START_DATE
|
The
date the servicer initiates eviction of the borrower.
|
MM/DD/YYYY
|
|
|
EVICTION_COMPLETED_DATE
|
The
date the court revokes legal possession of the property from the
borrower.
|
MM/DD/YYYY
|
|
|
LIST_PRICE
|
The
price at which an REO property is marketed.
|
2
|
No
commas(,) or dollar signs ($)
|
|
LIST_DATE
|
The
date an REO property is listed at a particular price.
|
MM/DD/YYYY
|
|
|
OFFER_AMT
|
The
dollar value of an offer for an REO property.
|
2
|
No
commas(,) or dollar signs ($)
|
|
OFFER_DATE_TIME
|
The
date an offer is received by DA Admin or by the Servicer.
|
MM/DD/YYYY
|
|
|
REO_CLOSING_DATE
|
The
date the REO sale of the property is scheduled to close.
|
MM/DD/YYYY
|
|
|
REO_ACTUAL_CLOSING_DATE
|
Actual
Date Of REO Sale
|
MM/DD/YYYY
|
|
|
OCCUPANT_CODE
|
Classification
of how the property is occupied.
|
|
|
PROP_CONDITION_CODE
|
A
code that indicates the condition of the property.
|
|
|||
|
PROP_INSPECTION_DATE
|
The
date a property inspection is performed.
|
MM/DD/YYYY
|
|||
|
APPRAISAL_DATE
|
The
date the appraisal was done.
|
MM/DD/YYYY
|
|||
|
CURR_PROP_VAL
|
The
current "as is" value of the property based on brokers price opinion
or
appraisal.
|
2
|
|
||
|
REPAIRED_PROP_VAL
|
The
amount the property would be worth if repairs are completed pursuant
to a
broker's price opinion or appraisal.
|
2
|
|
||
|
If
applicable:
|
|
|
|||
|
DELINQ_STATUS_CODE
|
FNMA
Code Describing Status of Loan
|
||||
|
DELINQ_REASON_CODE
|
The
circumstances which caused a borrower to stop paying on a
loan. Code indicates the reason why the loan is in
default for this cycle.
|
||||
|
MI_CLAIM_FILED_DATE
|
Date
Mortgage Insurance Claim Was Filed With Mortgage Insurance
Company.
|
MM/DD/YYYY
|
|||
|
MI_CLAIM_AMT
|
Amount
of Mortgage Insurance Claim Filed
|
No
commas(,) or dollar signs ($)
|
|||
|
MI_CLAIM_PAID_DATE
|
Date
Mortgage Insurance Company Disbursed Claim Payment
|
MM/DD/YYYY
|
|||
|
MI_CLAIM_AMT_PAID
|
Amount
Mortgage Insurance Company Paid On Claim
|
2
|
No
commas(,) or dollar signs ($)
|
||
|
POOL_CLAIM_FILED_DATE
|
Date
Claim Was Filed With Pool Insurance Company
|
MM/DD/YYYY
|
|||
|
POOL_CLAIM_AMT
|
Amount
of Claim Filed With Pool Insurance Company
|
2
|
No
commas(,) or dollar signs ($)
|
||
|
POOL_CLAIM_PAID_DATE
|
Date
Claim Was Settled and The Check Was Issued By The Pool
Insurer
|
MM/DD/YYYY
|
|||
|
POOL_CLAIM_AMT_PAID
|
Amount
Paid On Claim By Pool Insurance Company
|
2
|
No
commas(,) or dollar signs ($)
|
||
|
FHA_PART_A_CLAIM_FILED_DATE
|
Date
FHA Part A Claim Was Filed With HUD
|
MM/DD/YYYY
|
|||
|
FHA_PART_A_CLAIM_AMT
|
Amount
of FHA Part A Claim Filed
|
2
|
No
commas(,) or dollar signs ($)
|
||
|
FHA_PART_A_CLAIM_PAID_DATE
|
Date
HUD Disbursed Part A Claim Payment
|
MM/DD/YYYY
|
|||
|
FHA_PART_A_CLAIM_PAID_AMT
|
Amount
HUD Paid on Part A Claim
|
2
|
No
commas(,) or dollar signs ($)
|
||
|
FHA_PART_B_CLAIM_FILED_DATE
|
Date
FHA Part B Claim Was Filed With HUD
|
MM/DD/YYYY
|
|||
|
FHA_PART_B_CLAIM_AMT
|
Amount
of FHA Part B Claim Filed
|
2
|
No
commas(,) or dollar signs ($)
|
||
|
FHA_PART_B_CLAIM_PAID_DATE
|
Date
HUD Disbursed Part B Claim Payment
|
MM/DD/YYYY
|
|||
|
FHA_PART_B_CLAIM_PAID_AMT
|
Amount
HUD Paid on Part B Claim
|
2
|
No
commas(,) or dollar signs ($)
|
||
|
VA_CLAIM_FILED_DATE
|
Date
VA Claim Was Filed With the Veterans Admin
|
MM/DD/YYYY
|
|||
|
VA_CLAIM_PAID_DATE
|
Date
Veterans Admin. Disbursed VA Claim Payment
|
MM/DD/YYYY
|
|||
|
VA_CLAIM_PAID_AMT
|
Amount
Veterans Admin. Paid on VA Claim
|
2
|
No
commas(,) or dollar signs ($)
|
||
| MOTION_FOR_RELIEF_DATE |
The
date the Motion for Relief was filed
|
10
|
MM/DD/YYYY
|
||
| FRCLSR_BID_AMT |
The
foreclosure sale bid amount
|
11
|
No
commas(,) or dollar signs ($)
|
||
| FRCLSR_SALE_TYPE |
The
foreclosure sales results: REO, Third Party, Conveyance to
HUD/VA
|
|
|
||
| REO_PROCEEDS |
The
net proceeds from the sale of the REO property.
|
|
No
commas(,) or dollar signs ($)
|
||
| BPO_DATE |
The
date the BPO was done.
|
|
|
||
| CURRENT_FICO |
The
current FICO score
|
|
|
||
|
HAZARD_CLAIM_FILED_DATE
|
The
date the Hazard Claim was filed with the Hazard Insurance
Company.
|
10
|
MM/DD/YYYY
|
|
HAZARD_CLAIM_AMT
|
The
amount of the Hazard Insurance Claim filed.
|
11
|
No
commas(,) or dollar signs ($)
|
|
HAZARD_CLAIM_PAID_DATE
|
The
date the Hazard Insurance Company disbursed the claim
payment.
|
10
|
MM/DD/YYYY
|
|
HAZARD_CLAIM_PAID_AMT
|
The
amount the Hazard Insurance Company paid on the claim.
|
11
|
No
commas(,) or dollar signs ($)
|
|
ACTION_CODE
|
Indicates
loan status
|
Number
|
|
|
NOD_DATE
|
|
|
MM/DD/YYYY
|
|
NOI_DATE
|
|
|
MM/DD/YYYY
|
|
ACTUAL_PAYMENT_PLAN_START_DATE
|
|
|
MM/DD/YYYY
|
|
ACTUAL_PAYMENT_
PLAN_END_DATE
|
|
|
|
|
ACTUAL_REO_START_DATE
|
|
|
MM/DD/YYYY
|
|
REO_SALES_PRICE
|
|
|
Number
|
|
REALIZED_LOSS/GAIN
|
As
defined in the Servicing Agreement
|
|
Number
|
Exhibit
2:
Standard
File Codes – Delinquency Reporting
The
Loss Mit Type field should show the approved Loss
Mitigation Code as follows:
|
·
|
ASUM-
|
Approved
Assumption
|
|
·
|
BAP-
|
Borrower
Assistance Program
|
|
·
|
CO-
|
Charge
Off
|
|
·
|
DIL-
|
Deed-in-Lieu
|
|
·
|
FFA-
|
Formal
Forbearance Agreement
|
|
·
|
MOD-
|
Loan
Modification
|
|
·
|
PRE-
|
Pre-Sale
|
|
·
|
SS-
|
Short
Sale
|
|
·
|
MISC-
|
Anything
else approved by the PMI or Pool
Insurer
|
NOTE:
▇▇▇▇▇ Fargo Bank will accept alternative Loss Mitigation Types to those above,
provided that they are consistent with industry standards. If Loss
Mitigation Types other than those above are used, the Servicer must supply
▇▇▇▇▇
Fargo Bank with a description of each of the Loss Mitigation Types prior to
sending the file.
The
Occupant Code field should show the current status of
the property code as follows:
|
|
·
|
Mortgagor
|
|
|
·
|
Tenant
|
|
|
·
|
Unknown
|
|
|
·
|
Vacant
|
The
Property Condition field should show the last reported
condition of the property as follows:
|
|
·
|
Damaged
|
|
|
·
|
Excellent
|
|
|
·
|
Fair
|
|
|
·
|
Gone
|
|
|
·
|
Good
|
|
|
·
|
Poor
|
|
|
·
|
Special
Hazard
|
|
|
·
|
Unknown
|
Exhibit
2:
Standard
File Codes – Delinquency Reporting, Continued
The
FNMA Delinquent Reason Code field should show the Reason
for Delinquency as follows:
|
Delinquency
Code
|
Delinquency
Description
|
|
001
|
FNMA-Death
of principal mortgagor
|
|
002
|
FNMA-Illness
of principal mortgagor
|
|
003
|
FNMA-Illness
of mortgagor’s family member
|
|
004
|
FNMA-Death
of mortgagor’s family member
|
|
005
|
FNMA-Marital
difficulties
|
|
006
|
FNMA-Curtailment
of income
|
|
007
|
FNMA-Excessive
Obligation
|
|
008
|
FNMA-Abandonment
of property
|
|
009
|
FNMA-Distant
employee transfer
|
|
011
|
FNMA-Property
problem
|
|
012
|
FNMA-Inability
to sell property
|
|
013
|
FNMA-Inability
to rent property
|
|
014
|
FNMA-Military
Service
|
|
015
|
FNMA-Other
|
|
016
|
FNMA-Unemployment
|
|
017
|
FNMA-Business
failure
|
|
019
|
FNMA-Casualty
loss
|
|
022
|
FNMA-Energy
environment costs
|
|
023
|
FNMA-Servicing
problems
|
|
026
|
FNMA-Payment
adjustment
|
|
027
|
FNMA-Payment
dispute
|
|
029
|
FNMA-Transfer
of ownership pending
|
|
030
|
FNMA-Fraud
|
|
031
|
FNMA-Unable
to contact borrower
|
|
INC
|
FNMA-Incarceration
|
Exhibit
2:
Standard
File Codes – Delinquency Reporting, Continued
The
FNMA Delinquent Status Code field should show the Status
of Default as follows:
|
Status
Code
|
Status
Description
|
|
09
|
Forbearance
|
|
17
|
Pre-foreclosure
Sale Closing Plan Accepted
|
|
24
|
Government
Seizure
|
|
26
|
Refinance
|
|
27
|
Assumption
|
|
28
|
Modification
|
|
29
|
Charge-Off
|
|
30
|
Third
Party Sale
|
|
31
|
Probate
|
|
32
|
Military
Indulgence
|
|
43
|
Foreclosure
Started
|
|
44
|
Deed-in-Lieu
Started
|
|
49
|
Assignment
Completed
|
|
61
|
Second
Lien Considerations
|
|
62
|
Veteran’s
Affairs-No Bid
|
|
63
|
Veteran’s
Affairs-Refund
|
|
64
|
Veteran’s
Affairs-Buydown
|
|
65
|
Chapter
7 Bankruptcy
|
|
66
|
Chapter
11 Bankruptcy
|
|
67
|
Chapter
13 Bankruptcy
|
Exhibit
IIC:
Standard
File Layout – Master Servicing
|
Standard
Loan Level File Layout – Master Servicing
|
|
|
|
|
|
|
|
|
||
|
|
|
|
||
|
Column
Name
|
Description
|
Decimal
|
Format
Comment
|
Max
Size
|
|
Each
file requires the following fields:
|
|
|
|
|
|
SER_INVESTOR_NBR
|
A
value assigned by the Servicer to define a group of loans.
|
|
Text
up to 20 digits
|
20
|
|
LOAN_NBR
|
A
unique identifier assigned to each loan by the investor.
|
|
Text
up to 10 digits
|
10
|
|
SERVICER_LOAN_NBR
|
A
unique number assigned to a loan by the Servicer. This may be
different than the LOAN_NBR.
|
|
Text
up to 10 digits
|
10
|
|
SCHED_PAY_AMT
|
Scheduled
monthly principal and scheduled interest payment that a borrower
is
expected to pay, P&I constant.
|
2
|
No
commas(,) or dollar signs ($)
|
11
|
|
NOTE_INT_RATE
|
The
loan interest rate as reported by the Servicer.
|
4
|
Max
length of 6
|
6
|
|
NET_INT_RATE
|
The
loan gross interest rate less the service fee rate as reported by
the
Servicer.
|
4
|
Max
length of 6
|
6
|
|
SERV_FEE_RATE
|
The
servicer's fee rate for a loan as reported by the
Servicer.
|
4
|
Max
length of 6
|
6
|
|
SERV_FEE_AMT
|
The
servicer's fee amount for a loan as reported by the
Servicer.
|
2
|
No
commas(,) or dollar signs ($)
|
11
|
|
NEW_PAY_AMT
|
The
new loan payment amount as reported by the Servicer.
|
2
|
No
commas(,) or dollar signs ($)
|
11
|
|
NEW_LOAN_RATE
|
The
new loan rate as reported by the Servicer.
|
4
|
Max
length of 6
|
6
|
|
ARM_INDEX_RATE
|
The
index the Servicer is using to calculate a forecasted
rate.
|
4
|
Max
length of 6
|
6
|
|
ACTL_BEG_PRIN_BAL
|
The
borrower's actual principal balance at the beginning of the processing
cycle.
|
2
|
No
commas(,) or dollar signs ($)
|
11
|
|
ACTL_END_PRIN_BAL
|
The
borrower's actual principal balance at the end of the processing
cycle.
|
2
|
No
commas(,) or dollar signs ($)
|
11
|
|
BORR_NEXT_PAY_DUE_DATE
|
The
date at the end of processing cycle that the borrower's next payment
is
due to the Servicer, as reported by Servicer.
|
|
MM/DD/YYYY
|
10
|
|
SERV_CURT_AMT_1
|
The
first curtailment amount to be applied.
|
2
|
No
commas(,) or dollar signs ($)
|
11
|
|
SERV_CURT_DATE_1
|
The
curtailment date associated with the first curtailment
amount.
|
|
MM/DD/YYYY
|
10
|
|
CURT_ADJ_
AMT_1
|
The
curtailment interest on the first curtailment amount, if
applicable.
|
2
|
No
commas(,) or dollar signs ($)
|
11
|
|
SERV_CURT_AMT_2
|
The
second curtailment amount to be applied.
|
2
|
No
commas(,) or dollar signs ($)
|
11
|
|
SERV_CURT_DATE_2
|
The
curtailment date associated with the second curtailment
amount.
|
|
MM/DD/YYYY
|
10
|
|
CURT_ADJ_
AMT_2
|
The
curtailment interest on the second curtailment amount, if
applicable.
|
2
|
No
commas(,) or dollar signs ($)
|
11
|
|
Exhibit
1:Continued
|
Standard
Loan Level File Layout
|
|
|
|
|
Column
Name
|
Description
|
Decimal
|
Format
Comment
|
Max
Size
|
|
SERV_CURT_AMT_3
|
The
third curtailment amount to be applied.
|
2
|
No
commas(,) or dollar signs ($)
|
11
|
|
SERV_CURT_DATE_3
|
The
curtailment date associated with the third curtailment
amount.
|
|
MM/DD/YYYY
|
10
|
|
CURT_ADJ_AMT_3
|
The
curtailment interest on the third curtailment amount, if
applicable.
|
2
|
No
commas(,) or dollar signs ($)
|
11
|
|
PIF_AMT
|
The
loan "paid in full" amount as reported by the Servicer.
|
2
|
No
commas(,) or dollar signs ($)
|
11
|
|
PIF_DATE
|
The
paid in full date as reported by the Servicer.
|
|
MM/DD/YYYY
|
10
|
|
ACTION_CODE
|
The
standard FNMA numeric code used to indicate the default/delinquent
status
of a particular loan.
|
|
Action
Code Key: 15=Bankruptcy, 30=Foreclosure, 60=PIF, 63=Substitution,
65=Repurchase,70=REO
|
2
|
|
INT_ADJ_AMT
|
The
amount of the interest adjustment as reported by the
Servicer.
|
2
|
No
commas(,) or dollar signs ($)
|
11
|
|
SOLDIER_SAILOR_ADJ_AMT
|
The
Soldier and Sailor Adjustment amount, if applicable.
|
2
|
No
commas(,) or dollar signs ($)
|
11
|
|
NON_ADV_LOAN_AMT
|
The
Non Recoverable Loan Amount, if applicable.
|
2
|
No
commas(,) or dollar signs ($)
|
11
|
|
LOAN_LOSS_AMT
|
The
amount the Servicer is passing as a loss, if applicable.
|
2
|
No
commas(,) or dollar signs ($)
|
11
|
|
Plus
the following applicable fields:
|
|
|
|
|
|
SCHED_BEG_PRIN_BAL
|
The
scheduled outstanding principal amount due at the beginning of the
cycle
date to be passed through to investors.
|
2
|
No
commas(,) or dollar signs ($)
|
11
|
|
SCHED_END_PRIN_BAL
|
The
scheduled principal balance due to investors at the end of a processing
cycle.
|
2
|
No
commas(,) or dollar signs ($)
|
11
|
|
SCHED_PRIN_AMT
|
The
scheduled principal amount as reported by the Servicer for the current
cycle -- only applicable for Scheduled/Scheduled Loans.
|
2
|
No
commas(,) or dollar signs ($)
|
11
|
|
SCHED_NET_INT
|
The
scheduled gross interest amount less the service fee amount for the
current cycle as reported by the Servicer -- only applicable for
Scheduled/Scheduled Loans.
|
2
|
No
commas(,) or dollar signs ($)
|
11
|
|
ACTL_PRIN_AMT
|
The
actual principal amount collected by the Servicer for the current
reporting cycle -- only applicable for Actual/Actual
Loans.
|
2
|
No
commas(,) or dollar signs ($)
|
11
|
|
ACTL_NET_INT
|
The
actual gross interest amount less the service fee amount for the
current
reporting cycle as reported by the Servicer -- only applicable for
Actual/Actual Loans.
|
2
|
No
commas(,) or dollar signs ($)
|
11
|
|
PREPAY_PENALTY_
AMT
|
The
penalty amount received when a borrower prepays on his loan as reported
by
the Servicer.
|
2
|
No
commas(,) or dollar signs ($)
|
11
|
|
PREPAY_PENALTY_
WAIVED
|
The
prepayment penalty amount for the loan waived by the
servicer.
|
2
|
No
commas(,) or dollar signs ($)
|
11
|
|
Exhibit
1: Continued
|
Standard
Loan Level File Layout
|
|
|
|
|
Column
Name
|
Description
|
Decimal
|
Format
Comment
|
Max
Size
|
|
MOD_DATE
|
The
Effective Payment Date of the Modification for the loan.
|
|
MM/DD/YYYY
|
10
|
|
MOD_TYPE
|
The
Modification Type.
|
|
Varchar
- value can be alpha or numeric
|
30
|
|
DELINQ_P&I_ADVANCE_AMT
|
The
current outstanding principal and interest advances made by
Servicer.
|
2
|
No
commas(,) or dollar signs ($)
|
11
|
|
BREACH_FLAG
|
Flag
to indicate if the repurchase of a loan is due to a breach of
Representations and Warranties
|
Y=Breach
N=NO
Breach
Let
blank if N/A
|
1
|
Exhibit
IID
: Calculation
of
Realized Loss/Gain Form 332– Instruction Sheet
NOTE: Do
not net or combine items. Show all expenses individually and all
credits as separate line items. Claim packages are due on the
remittance report date. Late submissions may result in claims not
being passed until the following month. The Servicer is responsible
to remit all funds pending loss approval and /or resolution of any disputed
items.
(a)
(b) The
numbers on the 332 form correspond with the numbers listed below.
Liquidation
and Acquisition Expenses:
|
|
1.
|
The
Actual Unpaid Principal Balance of the Mortgage Loan. For
documentation, an Amortization Schedule from date of default through
liquidation breaking out the net interest and servicing fees advanced
is
required.
|
|
|
2.
|
The
Total Interest Due less the aggregate amount of servicing fee that
would
have been earned if all delinquent payments had been made as agreed.
For
documentation, an Amortization Schedule from date of default through
liquidation breaking out the net interest and servicing fees advanced
is
required.
|
|
|
3.
|
Accrued
Servicing Fees based upon the Scheduled Principal Balance of the
Mortgage
Loan as calculated on a monthly basis. For documentation, an Amortization
Schedule from date of default through liquidation breaking out the
net
interest and servicing fees advanced is
required.
|
|
4-12.
|
Complete
as applicable. Required
documentation:
|
* For
taxes and insurance advances – see page 2 of 332 form - breakdown required
showing period of coverage, base tax, interest, penalty. Advances
prior to default require evidence of servicer efforts to recover
advances.
* For
escrow advances - complete payment history
(to
calculate advances from last positive escrow balance forward)
* Other
expenses - copies of corporate advance history showing all
payments
* REO
repairs> $1500 require explanation
* REO
repairs>$3000 require evidence of at least 2 bids.
* Short
Sale or Charge Off require P&L supporting the decision and WFB’s
approved
Servicing Officer certification
* Unusual
or extraordinary items may require further documentation.
|
|
13.
|
The
total of lines 1 through 12.
|
(c) Credits:
|
14-21.
|
Complete
as applicable. Required
documentation:
|
*
Copy of
the HUD 1 from the REO sale. If a 3rd Party Sale,
bid
instructions and Escrow
Agent / Attorney Letter of Proceeds Breakdown.
* Copy
of EOB for any MI or gov't guarantee
* All
other credits need to be clearly defined on the 332
form
|
|
22.
|
The
total of lines 14 through 21.
|
|
Please
Note:
|
For
HUD/VA loans, use line (18a) for Part A/Initial proceeds and line
(18b)
for Part B/Supplemental proceeds.
|
Total
Realized Loss (or Amount of Any Gain)
|
|
23.
|
The
total derived from
subtracting line 22 from 13. If the amount represents a
realized gain, show the amount in parenthesis
( ).
|
-9-
Exhibit
IIE: Calculation
of
Realized Loss/Gain Form 332
Prepared
by: __________________ Date: _______________
Phone: ______________________ Email
Address:_____________________
|
Servicer
Loan No.
|
Servicer
Name
|
Servicer
Address
|
▇▇▇▇▇
FARGO BANK, N.A. Loan No._____________________________
Borrower's
Name: _________________________________________________________
Property
Address: _________________________________________________________
Liquidation
Type: REO
Sale
3rd Party
Sale Short
Sale Charge
Off
Was
this loan granted a Bankruptcy deficiency or cramdown Yes No
If
“Yes”,
provide deficiency or cramdown amount
_______________________________
|
Liquidation
and Acquisition Expenses:
|
||
|
(1)
|
Actual
Unpaid Principal Balance of Mortgage Loan
|
$
______________
|
|
(1)
|
||
|
(2)
|
Interest
accrued at Net Rate
|
________________
|
|
(2)
|
||
|
(3)
|
Accrued
Servicing Fees
|
________________
|
|
(3)
|
||
|
(4)
|
Attorney's
Fees
|
________________
|
|
(4)
|
||
|
(5)
|
Taxes
(see page 2)
|
________________
|
|
(5)
|
||
|
(6)
|
Property
Maintenance
|
________________
|
|
(6)
|
||
|
(7)
|
MI/Hazard
Insurance Premiums (see page 2)
|
________________
|
|
(7)
|
||
|
(8)
|
Utility
Expenses
|
________________
|
|
(8)
|
||
|
(9)
|
Appraisal/BPO
|
________________
|
|
(9)
|
||
|
(10)
|
Property
Inspections
|
________________
|
|
(10)
|
||
|
(11)
|
FC
Costs/Other Legal Expenses
|
________________
|
|
(11)
|
||
|
(12)
|
Other
(itemize)
|
________________
|
|
(12)
|
||
|
Cash
for Keys__________________________
|
________________
|
|
|
(12)
|
||
-10-
|
HOA/Condo
Fees_______________________
|
________________
|
|
|
(12)
|
||
|
(12)
|
||
|
Total
Expenses
|
$
_______________
|
|
|
(13)
|
||
|
Credits:
|
||
|
(14)
|
Escrow
Balance
|
$
_______________
|
|
(14)
|
||
|
(15)
|
HIP
Refund
|
________________
|
|
(15)
|
||
|
(16)
|
Rental
Receipts
|
________________
|
|
(16)
|
||
|
(17)
|
Hazard
Loss Proceeds
|
________________
|
|
(17)
|
||
|
(18)
|
Primary
Mortgage Insurance / Gov’t Insurance
|
________________
|
|
(18a)
HUD Part A
|
||
|
(18b)
HUD Part B
|
||
|
(19)
|
Pool
Insurance Proceeds
|
________________
|
|
(19)
|
||
|
(20)
|
Proceeds
from Sale of Acquired Property
|
________________
|
|
(20)
|
||
|
(21)
|
Other
(itemize)
|
________________
|
|
(21)
|
||
|
_________________________________________
|
________________
|
|
|
(21)
|
||
|
Total
Credits
|
$________________
|
|
|
(22)
|
||
|
Total
Realized Loss (or Amount of Gain)
|
$________________
|
|
|
(23)
|
||
-11-
Escrow
Disbursement Detail
|
Type
(Tax
/Ins.)
|
Date
Paid
|
Period
of Coverage
|
Total
Paid
|
Base
Amount
|
Penalties
|
Interest
|
-12-
EXHIBIT
III
Additional
Disclosure Notification
▇▇▇▇▇
Fargo Bank, N.A. as [Securities Administrator and Master Servicer]
▇▇▇▇
▇▇▇
▇▇▇▇▇▇▇▇▇ ▇▇▇▇
▇▇▇▇▇▇▇▇,
▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Fax:
(▇▇▇) ▇▇▇-▇▇▇▇
E-mail: ▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇
Attn: Corporate
Trust Services – MSM 2007-7AX - SEC REPORT PROCESSING
RE: **Additional
Form [ ] Disclosure**Required
Ladies
and Gentlemen:
In
accordance with Section 9.01(e) [iv][v][vi] of the Master Seller’s Warranties
and Servicing Agreement, dated as of April 1, 2006, as amended by the
Assignment, Assumption and Recognition Agreement dated as of April 1, 2007
among
▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Capital I Inc., as Depositor, ▇▇▇▇▇ Fargo Bank, National
Association, as Servicer, ▇▇▇▇▇ Fargo Bank, National Association, as Master
Servicer, and LaSalle Bank National Association as Trustee. The
Undersigned hereby notifies you that certain events have come to our attention
that [will][may] need to be disclosed on Form [ ].
Description
of Additional Form [ ] Disclosure:
List
of
Any Attachments hereto to be included in the Additional Form [ ]
Disclosure:
Any
inquiries related to this notification should be directed to
[ ], phone number: [ ]; email
address [ ] [NAME OF PARTY] as [role]
|
By:
___________________________
Name:
Title:
|
-13-