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Full Doc
 | 2003 |
Pooling and Servicing Agreement
Pooling and Servicing Agreement (494K)
Doc #1731243: Click preview link for longer preview.
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC.
Seller
OPTION ONE MORTGAGE CORPORATION
Servicer
and
WELLS FARGO BANK MINNESOTA, N.A.
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of November 1, 2003
_________________________________________
Asset Backed Securities Corporation Home Equity Loan Trust 2003-HE6
Asset Backed Pass-Through Certificates, Series 2003-HE6
Table of Contents
. . .
1731243
|
DLJ Mortgage
As referenced in this Pooling and Servicing Agreement:
DLJ MORTGAGE CAPITAL, INC – PSA
EX-99 3 m20138psalj.htm EXHIBIT 99.1 POOLING AND SERVICING AGREEMENT
Execution Copy
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC .
Seller
OPTION ONE MORTGAGE CORPORATION
Servicer
and
WELLS FARGO BANK MINNESOTA, N.A.
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of November 1, 2003
_________________________________________
Asset Backed Securities
_____________
DLJ MORTGAGE CAPITAL, INC – 1
Mortgage Loan Schedule
Schedule 2
Prepayment Premium Schedule
This Pooling and Servicing Agreement, is dated and effective as of November 1, 2003, among ASSET BACKED SECURITIES CORPORATION, as Depositor, DLJ MORTGAGE CAPITAL, INC ., as Seller, OPTION ONE MORTGAGE CORPORATION, as Servicer and WELLS FARGO BANK MINNESOTA, N.A., as Trustee.
PRELIMINARY STATEMENT:
The Depositor intends to sell pass-through certificates (collectively, the
_____________
DLJ Mortgage Capital, Inc – in the Mortgage Loan Schedule, including each REO Property unless the context otherwise requires.
Mortgage Loan Purchase Agreement: The agreement among Option One Mortgage Corporation, certain of its affiliates and DLJ Mortgage Capital, Inc ., regarding the sale of the Mortgage Loans to the Seller.
Mortgage Loan Schedule: As of any date, the list of Mortgage Loans included in the Trust Fund on such
_____________
DLJ Mortgage Capital, Inc – knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc., or its successor in interest.
Seller: DLJ Mortgage Capital, Inc ., or its successor in interest, in its capacity as seller.
Servicer: Option One, or any successor servicer appointed as herein provided, in its capacity as servicer hereunder.
Servicer Certification:
_____________
DLJ MORTGAGE CAPITAL, INC – in each case as of the day and year first above written.
ASSET BACKED SECURITIES CORPORATION,
as Depositor
By: /s/ Gregory P. Richter
Name: Gregory P. Richter
Title: Vice President
DLJ MORTGAGE CAPITAL, INC .,
as Seller
By: /s/ Joseph C. Little
Name: Joseph C. Little
Title: Vice President
OPTION ONE MORTGAGE CORPORATION,
as Servicer
By: /s/ David S. Wells
Name: David S. Wells
_____________
dt 1540492
;
McGraw-Hill Companies
As referenced in this Pooling and Servicing Agreement:
McGraw-Hill Companies, Inc – to whom such matter is referred because of such officers knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc ., or its successor in interest.
Seller: DLJ Mortgage Capital, Inc., or its successor in interest, in its capacity as seller.
Servicer: Option One, or any successor servicer appointed as
_____________
McGraw-Hill Companies, Inc – One State Street Plaza, New York, NY 10004, Attention: Asset Backed Securities Corporation Home Equity Loan Trust 2003-HE6, and to Standard & Poors Ratings Services, a division of the McGraw-Hill Companies, Inc . at 55 Water Street, 41st Floor, New York, NY 10041, Attention: Structured Finance Surveillance Group, Credit Suisse First Boston International, One Cabot Square, London E14 4QJ, England, Attention: Head
_____________
dt 1518372
;
|
Fannie Mae
As referenced in this Pooling and Servicing Agreement:
Fannie Mae – in respect of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae : Fannie Mae, formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at
_____________
Fannie Mae – of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae , formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository
_____________
Federal National Mortgage Association – 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae, formerly known as Federal National Mortgage Association , or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository institutions lend balances at the Federal Reserve
_____________
Fannie Mae – determined by an appraisal made for the originator of the Mortgage Loan at the time of origination of the Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae or Freddie Mac and (b) the value thereof as determined by a review appraisal conducted by the Company in the event any such review appraisal determines an appraised value
_____________
Fannie Mae – an appraisal made for the originator of such Refinanced Mortgage Loan at the time of origination of such Refinanced Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae or Freddie Mac and (B) the value thereof as determined by a review appraisal conducted by the Company in the event any such review appraisal determines an appraised value
_____________
dt 1439018
;
ISDA
As referenced in this Pooling and Servicing Agreement:
ISDA – among the Certificates of such Class in proportion to the outstanding Percentage Interests evidenced by their respective Certificates.
Yield Maintenance Agreement: The interest rate yield maintenance agreement consisting of the ISDA Master Agreement and the Schedule dated as of the Closing Date and the Confirmation thereto, between the Trustee on behalf of the Trust and the Counterparty, as such agreement
_____________
dt 1603829
;
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| 2002 |
Pooling and Servicing Agreement
Pooling and Servicing Agreement (792K)
Doc #1731265: Click preview link for longer preview.
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC.
Seller
FAIRBANKS CAPITAL CORP.
Servicer
and
WELLS FARGO BANK MINNESOTA, N.A.
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as . . .
1731265
|
DLJ Mortgage
As referenced in this Pooling and Servicing Agreement:
DLJ MORTGAGE CAPITAL, INC – {DOCUMENT}
{TYPE}EX-99.1
{SEQUENCE}3
{FILENAME}efc2-0648exh991.txt
{DESCRIPTION}PSA
{TEXT}
EXHIBIT 99.1
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC .
Seller
FAIRBANKS CAPITAL CORP.
Servicer
and
WELLS FARGO BANK MINNESOTA, N.A.
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of May 1, 2002
_________________________________________
Asset Backed Securities Corporation
_____________
DLJ Mortgage
Capital, Inc – Equicon Corporation
Schedule 2. Prepayment Charge Schedule
iv
{PAGE}
This Pooling and Servicing Agreement, is dated and effective as of May 1,
2002, among ASSET BACKED SECURITIES CORPORATION, as Depositor, DLJ Mortgage
Capital, Inc ., as Seller, FAIRBANKS CAPITAL CORP., as Servicer and WELLS FARGO
BANK MINNESOTA, N.A., as Trustee.
PRELIMINARY STATEMENT:
The Depositor intends to sell pass-through certificates
(collectively, the "Certificates"),
_____________
DLJ Mortgage Capital, Inc – Date": The 15th day of any month, or if such
15th day is not a Business Day, the Business Day immediately following such
15th day, commencing in June 2002.
"DLJMC": DLJ Mortgage Capital, Inc . a Delaware corporation,
or its successor in interest.
"DLJMC Mortgage Loans": The Mortgage Loans originated by
Cityscape Corp. and Equicon Corporation and purchased by DLJMC.
12
{PAGE}
"Double Adjusted
_____________
DLJ Mortgage Capital, Inc – Agreement": With respect to the Long Beach Mortgage
Loans, the Letter Agreement dated as of May 30, 2002 among Long Beach Mortgage
Company, Wells Fargo Bank Minnesota, N.A. and DLJ Mortgage Capital, Inc . and
attached as Exhibit I hereto.
"LIBOR Certificates": As specified in the Preliminary
Statement.
"Liquidation Event": With respect to any Mortgage Loan, any
of the following events: (i) such
_____________
DLJ Mortgage Capital, Inc – knowledge of and familiarity with the particular
subject.
"S&P": Standard and Poor's Ratings Services, a division of
The McGraw-Hill Companies, Inc., or its successor in interest.
"Seller": DLJ Mortgage Capital, Inc ., or its successor in
interest, in its capacity as seller.
"Servicer": Fairbanks Capital Corp., or any successor
servicer appointed as herein provided, in its capacity as servicer hereunder.
"Servicer
_____________
dt 1540493
;
McGraw-Hill Companies
As referenced in this Pooling and Servicing Agreement:
McGraw-Hill Companies, Inc – whom such matter is referred
because of such officer's knowledge of and familiarity with the particular
subject.
"S&P": Standard and Poor's Ratings Services, a division of
The McGraw-Hill Companies, Inc ., or its successor in interest.
"Seller": DLJ Mortgage Capital, Inc., or its successor in
interest, in its capacity as seller.
"Servicer": Fairbanks Capital Corp., or any successor
servicer appointed
_____________
McGraw-Hill Companies, Inc – One State Street Plaza, New
York, NY 10004, Attention: Asset Backed Securities Corporation Home Equity
Loan Trust 2002-HE2, and to Standard & Poor's Ratings Services, a division of
the McGraw-Hill Companies, Inc . at 55 Water Street, 41st Floor, New York, NY
10009, Attention: Structured
139
{PAGE}
Finance Surveillance Group, Credit Suisse First Boston International, One
Cabot Square, London E14 4QJ, England,
_____________
dt 1518373
;
|
Fannie Mae
As referenced in this Pooling and Servicing Agreement:
Fannie Mae – iii), any amounts payable from the Distribution Account in respect of
any REMIC Administration pursuant to Section 10.01(c).
"Fairbanks": Fairbanks Capital Corp., or any successor in
interest thereto.
"Fannie Mae ": Fannie Mae, formally known as the Federal
National Mortgage Association, or any successor thereto.
"FDIC": Federal Deposit Insurance Corporation or any
successor thereto.
"Federal Funds Rate": The interest rate
_____________
Fannie Mae – amounts payable from the Distribution Account in respect of
any REMIC Administration pursuant to Section 10.01(c).
"Fairbanks": Fairbanks Capital Corp., or any successor in
interest thereto.
"Fannie Mae": Fannie Mae , formally known as the Federal
National Mortgage Association, or any successor thereto.
"FDIC": Federal Deposit Insurance Corporation or any
successor thereto.
"Federal Funds Rate": The interest rate at which
_____________
Federal
National Mortgage Association – in respect of
any REMIC Administration pursuant to Section 10.01(c).
"Fairbanks": Fairbanks Capital Corp., or any successor in
interest thereto.
"Fannie Mae": Fannie Mae, formally known as the Federal
National Mortgage Association , or any successor thereto.
"FDIC": Federal Deposit Insurance Corporation or any
successor thereto.
"Federal Funds Rate": The interest rate at which depository
institutions lend balances at the Federal Reserve
_____________
Fannie Mae – determined by an appraisal made for the Originator of the Mortgage Loan at the
time of origination of the Mortgage Loan by an appraiser who met the minimum
requirements of Fannie Mae and Freddie Mac and (b) the value thereof as
determined by a review appraisal conducted by the Originator in the event any
such review appraisal determines an appraised value
_____________
Fannie Mae – an appraisal made for the originator of such Refinanced Mortgage
Loan at the time of origination of such Refinanced Mortgage Loan by an
appraiser who met the minimum requirements of Fannie Mae and Freddie Mac and
(2) the value thereof as determined by a review appraisal conducted by the
Originator in the event any such review appraisal determines an appraised
value
_____________
dt 1439019
;
ISDA
As referenced in this Pooling and Servicing Agreement:
ISDA – of the Residual Certificates, in each
case in proportion to the Percentage Interests evidenced by their respective
Certificates.
"Yield Maintenance Agreement": The interest rate yield
maintenance agreement consisting of the ISDA Master Agreement and the Schedule
dated as of the Closing Date and the Confirmation thereto, between the Trustee
on behalf of the Trust and the Counterparty, as such agreement
_____________
dt 1603830
;
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Full Doc
| 2005 |
Pooling and Servicing Agreement
Pooling and Servicing Agreement (537K)
Doc #1732109: Click preview link for longer preview.
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC.
Seller
SAXON MORTGAGE SERVICES, INC.
Servicer
and
U.S. BANK NATIONAL ASSOCIATION
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of February 1, 2005
_________________________________________
Asset Backed Securities Corporation Home Equity Loan Trust, Series 2005-HE1
Asset Backed Pass-Through Certificates, Series 2005-HE1
Table of Contents
Page
ARTICLE I
DEFINITIONS
SECTION 1.01.
Defined Terms.
6
SECTION 1.02.
Allocation of Certain Interest Shortfalls.
47
SECTION 1.03. . . .
1732109
|
DLJ Mortgage
As referenced in this Pooling and Servicing Agreement:
DLJ MORTGAGE CAPITAL, INC – POOLING AND SERVICING AGREEMENT
EX-99 2 m499718psa.htm EXHIBIT 99.1 POOLING AND SERVICING AGREEMENT
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC .
Seller
SAXON MORTGAGE SERVICES, INC.
Servicer
and
U.S. BANK NATIONAL ASSOCIATION
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of February 1, 2005
_________________________________________
Asset Backed Securities Corporation
_____________
DLJ MORTGAGE CAPITAL, INC – 1
Mortgage Loan Schedule
Schedule 2
Prepayment Premium Schedule
This Pooling and Servicing Agreement, is dated and effective as of February 1, 2005, among ASSET BACKED SECURITIES CORPORATION, as Depositor, DLJ MORTGAGE CAPITAL, INC ., as Seller, SAXON MORTGAGE SERVICES, INC., as Servicer and U.S. BANK NATIONAL ASSOCIATION, as Trustee.
PRELIMINARY STATEMENT:
The Depositor intends to sell pass-through certificates (collectively, the Certificates),
_____________
DLJ Mortgage Capital, Inc – being identified in the Mortgage Loan Schedule, including each REO Property unless the context otherwise requires.
New Century Mortgage Loan Purchase Agreement: The agreement among NC Capital, New Century and DLJ Mortgage Capital, Inc ., regarding the sale of the New Century Mortgage Loans by NC Capital to the Seller.
New Century Reconstitution Agreement: That certain reconstitution agreement dated as of the Closing Date
_____________
DLJ Mortgage Capital, Inc – knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc., or its successor in interest.
Seller: DLJ Mortgage Capital, Inc ., or its successor in interest, in its capacity as seller.
Servicer: Saxon Mortgage Services, Inc., or any successor servicer appointed as herein provided, in its capacity as servicer hereunder.
_____________
DLJ Mortgage Capital, Inc – Mortgage Loans so held being identified in the Mortgage Loan Schedule, including each REO Property unless the context otherwise requires.
WMC Mortgage Loan Purchase Agreement: The agreement among WMC and DLJ Mortgage Capital, Inc ., regarding the sale of the WMC Mortgage Loans by WMC to the Seller, as the context requires.
WMC Reconstitution Agreement: That certain reconstitution agreement dated as of the Closing
_____________
dt 1540495
;
McGraw-Hill Companies
As referenced in this Pooling and Servicing Agreement:
McGraw-Hill Companies, Inc – to whom such matter is referred because of such officers knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc ., or its successor in interest.
Seller: DLJ Mortgage Capital, Inc., or its successor in interest, in its capacity as seller.
Servicer: Saxon Mortgage Services, Inc., or any successor servicer
_____________
McGraw-Hill Companies, Inc – One State Street Plaza, New York, NY 10004, Attention: Asset Backed Securities Corporation Home Equity Loan Trust 2005-HE1, and to Standard & Poors Ratings Services, a division of the McGraw-Hill Companies, Inc . at 55 Water Street, 41st Floor, New York, NY 10041, Attention: Structured Finance Surveillance Group, Credit Suisse First Boston International, One Cabot Square, London E14 4QJ, England, Attention: Head
_____________
dt 1518399
;
|
Fannie Mae
As referenced in this Pooling and Servicing Agreement:
Fannie Mae – in respect of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae : Fannie Mae, formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at
_____________
Fannie Mae – of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae , formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository
_____________
Federal National Mortgage Association – 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae, formerly known as Federal National Mortgage Association , or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository institutions lend balances at the Federal Reserve
_____________
Fannie Mae – by an appraisal made for the related Originator of the Mortgage Loan at the time of origination of the Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac and (b) the value thereof as determined by a review appraisal conducted by the related Originator in the event any such review appraisal determines an appraised
_____________
Fannie Mae – appraisal made for the related Originator of such Refinanced Mortgage Loan at the time of origination of such Refinanced Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac and (2) the value thereof as determined by a review appraisal conducted by the related Originator in the event any such review appraisal determines an appraised
_____________
dt 1439030
;
ISDA
As referenced in this Pooling and Servicing Agreement:
ISDA – and after the Distribution Date in September 2007, zero.
Subgroup 1 Yield Maintenance Agreement: The interest rate yield maintenance agreement relating to the Subgroup 1 Certificates consisting of a 1992 ISDA Master Agreement (Multicurrency-Cross Border) and a Schedule dated as of the Closing Date and an ISDA Credit Support Annex (Bilateral Form-New York Law) and the related Confirmation
_____________
ISDA – yield maintenance agreement relating to the Subgroup 1 Certificates consisting of a 1992 ISDA Master Agreement (Multicurrency-Cross Border) and a Schedule dated as of the Closing Date and an ISDA Credit Support Annex (Bilateral Form-New York Law) and the related Confirmation thereto, between the Trustee on behalf of the Trust and the Counterparty, as such agreement may be
_____________
ISDA – and after the Distribution Date in September 2007, zero.
Subgroup 2 Yield Maintenance Agreement: The interest rate yield maintenance agreement relating to the Subgroup 2 Certificates consisting of a 1992 ISDA Master Agreement (Multicurrency-Cross Border) and a Schedule dated as of the Closing Date and an ISDA Credit Support Annex (Bilateral Form-New York Law) and the related Confirmation
_____________
ISDA – yield maintenance agreement relating to the Subgroup 2 Certificates consisting of a 1992 ISDA Master Agreement (Multicurrency-Cross Border) and a Schedule dated as of the Closing Date and an ISDA Credit Support Annex (Bilateral Form-New York Law) and the related Confirmation thereto, between the Trustee on behalf of the Trust and the Counterparty, as such agreement may be
_____________
ISDA – Maintenance Agreement, and after the Distribution Date in September 2007, zero.
Subordinate Yield Maintenance Agreement: The interest rate yield maintenance agreement relating to the Mezzanine Certificates consisting of a 1992 ISDA Master Agreement (Multicurrency-Cross Border) and a Schedule dated as of the Closing Date and an ISDA Credit Support Annex (Bilateral Form-New York Law) and the related Confirmation
_____________
dt 1603838
;
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| 2004 |
Pooling and Servicing Agreement
Pooling and Servicing Agreement (499K)
Doc #1732133: Click preview link for longer preview.
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC.
Seller
LITTON LOAN SERVICING LP
Servicer
and
U.S. BANK NATIONAL ASSOCIATION
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of June 1, 2004
_________________________________________
Asset Backed Securities Corporation Home Equity Loan Trust 2004-HE4
Asset Backed Pass-Through Certificates, Series 2004-HE4
Table of Contents
Page
ARTICLE I
DEFINITIONS
SECTION 1.01.
Defined Terms.
3
SECTION 1.02.
Allocation of Certain Interest Shortfalls.
45
SECTION 1.03.
Designation of Interests in . . .
1732133
|
DLJ Mortgage
As referenced in this Pooling and Servicing Agreement:
DLJ MORTGAGE CAPITAL, INC – Pooling and Servicing Agreement
EX-99 2 m33220psa.htm EXHIBIT 99.1 POOLING AND SERVICING AGREEMENT
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC .
Seller
LITTON LOAN SERVICING LP
Servicer
and
U.S. BANK NATIONAL ASSOCIATION
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of June 1, 2004
_________________________________________
Asset Backed Securities Corporation
_____________
DLJ MORTGAGE CAPITAL, INC – 1
Mortgage Loan Schedule
Schedule 2
Prepayment Premium Schedule
This Pooling and Servicing Agreement, is dated and effective as of June 1, 2004, among ASSET BACKED SECURITIES CORPORATION, as Depositor, DLJ MORTGAGE CAPITAL, INC ., as Seller, LITTON LOAN SERVICING LP, as Servicer and U.S. BANK NATIONAL ASSOCIATION, as Trustee.
PRELIMINARY STATEMENT:
The Depositor intends to sell pass-through certificates (collectively, the Certificates),
_____________
DLJ Mortgage Capital, Inc – the Mortgage Loans so held being identified in the Mortgage Loan Schedule, including each REO Property unless the context otherwise requires.
Mortgage Loan Purchase Agreement: The agreement between Ameriquest and DLJ Mortgage Capital, Inc ., regarding the sale of the Mortgage Loans by Ameriquest to the Seller.
Mortgage Loan Schedule: As of any date, the list of Mortgage Loans included in the Trust Fund
_____________
DLJ Mortgage Capital, Inc – amp;P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc., or its successor in interest.
Securities Act: The Securities Act of 1933, as amended
Seller: DLJ Mortgage Capital, Inc ., or its successor in interest, in its capacity as seller.
Servicer: Litton Loan Servicing LP, or any successor servicer appointed as herein provided, in its capacity as servicer hereunder.
_____________
DLJ MORTGAGE CAPITAL, INC – duly authorized, in each case as of the day and year first above written.
ASSET BACKED SECURITIES CORPORATION,
as Depositor
By:/s/ Greg Richter
Name: Greg Richter
Title: Vice President
DLJ MORTGAGE CAPITAL, INC .,
as Seller
By:/s/ Joseph C. Little
Name: Joseph C. Little
Title: Vice President
LITTON LOAN SERVICING LP,
as Servicer
By:/s/ Janice McClure
Name: Janice McClure
Title: Senior
_____________
dt 1540496
;
McGraw-Hill Companies
As referenced in this Pooling and Servicing Agreement:
McGraw-Hill Companies, Inc – to whom such matter is referred because of such officers knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc ., or its successor in interest.
Securities Act: The Securities Act of 1933, as amended
Seller: DLJ Mortgage Capital, Inc., or its successor in interest, in its capacity as seller.
_____________
McGraw-Hill Companies, Inc – facsimile transmission or express delivery service to Moodys Investors Service, Inc., 99 Church Street, New York, New York 10007, and to Standard & Poors Ratings Services, a division of the McGraw-Hill Companies, Inc . at 55 Water Street, 41st Floor, New York, NY 10041, Attention: Structured Finance Surveillance Group, Credit Suisse First Boston International, One Cabot Square, London E14 4QJ, England, Attention: Head
_____________
dt 1518402
;
|
Fannie Mae
As referenced in this Pooling and Servicing Agreement:
Fannie Mae – in respect of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae : Fannie Mae, formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at
_____________
Fannie Mae – of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae , formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository
_____________
Federal National Mortgage Association – 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae, formerly known as Federal National Mortgage Association , or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository institutions lend balances at the Federal Reserve
_____________
Fannie Mae – determined by an appraisal made for the Originator of the Mortgage Loan at the time of origination of the Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac and (b) the value thereof as determined by a review appraisal conducted by the Originator in the event any such review appraisal determines an appraised value
_____________
Fannie Mae – an appraisal made for the Originator of such Refinanced Mortgage Loan at the time of origination of such Refinanced Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac and (2) the value thereof as determined by a review appraisal conducted by the Originator in the event any such review appraisal determines an appraised value
_____________
dt 1439033
;
ISDA
As referenced in this Pooling and Servicing Agreement:
ISDA – such Distribution Date derived from the Subgroup 1 Mortgage Loans.
Subgroup 1 Yield Maintenance Agreement: The interest rate yield maintenance agreement relating to the Class A1 Certificates consisting of an ISDA Master Agreement and a Schedule dated as of the Closing Date and the related Confirmation thereto, between the Trustee on behalf of the Trust and the Counterparty, as such
_____________
ISDA – such Distribution Date derived from the Subgroup 2 Mortgage Loans.
Subgroup 2 Yield Maintenance Agreement: The interest rate yield maintenance agreement relating to the Class A2 Certificates consisting of an ISDA Master Agreement and a Schedule dated as of the Closing Date and the related Confirmation thereto, between the Trustee on behalf of the Trust and the Counterparty, as such
_____________
ISDA – in the month prior to that Distribution Date) (expressed as a percentage).
Subordinate Yield Maintenance Agreement: The interest rate yield maintenance agreement relating to the Mezzanine Certificates consisting of an ISDA Master Agreement and a Schedule dated as of the Closing Date and the related Confirmation thereto, between the Trustee on behalf of the Trust and the Counterparty, as such
_____________
dt 1603839
;
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Full Doc
| 2006 |
Pooling and Servicing Agreement
Pooling and Servicing Agreement (563K)
Doc #1735824: Click preview link for longer preview.
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC.
Seller
SELECT PORTFOLIO SERVICING, INC.
Servicer
MORTGAGERAMP, INC.,
Loan Performance Advisor
and
U.S. BANK NATIONAL ASSOCIATION
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of January 1, 2006
_________________________________________
Asset Backed Securities Corporation Home Equity Loan Trust, Series AEG 2006-HE1
Asset Backed Pass-Through Certificates, Series AEG 2006-HE1
Table of Contents
Page
ARTICLE I
DEFINITIONS
3
SECTION 1.01.
Defined Terms.
3
SECTION 1.02.
Allocation of Certain . . .
1735824
|
DLJ Mortgage
As referenced in this Pooling and Servicing Agreement:
DLJ MORTGAGE CAPITAL, INC – PSA
EX-99 2 absc2006he1psa.htm EXHIBIT 99.1 POOLING AND SERVICING AGREEMENT
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC .
Seller
SELECT PORTFOLIO SERVICING, INC.
Servicer
MORTGAGERAMP, INC.,
Loan Performance Advisor
and
U.S. BANK NATIONAL ASSOCIATION
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of January 1, 2006
_____________
DLJ MORTGAGE CAPITAL, INC – 2
Prepayment Premium Schedule
Schedule 3
Representation and Warranties
This Pooling and Servicing Agreement, is dated and effective as of January 1, 2006, among ASSET BACKED SECURITIES CORPORATION, as Depositor, DLJ MORTGAGE CAPITAL, INC ., as Seller, SELECT PORTFOLIO SERVICING, INC., as Servicer, MORTGAGERAMP INC., as Loan Performance Advisor, and U.S. BANK NATIONAL ASSOCIATION, as Trustee.
PRELIMINARY STATEMENT:
The Depositor intends to sell
_____________
DLJ Mortgage Capital, Inc – Loans so held being identified in the Mortgage Loan Schedule, including each REO Property unless the context otherwise requires.
Mortgage Loan Purchase Agreement: The agreement between Aegis Mortgage Corporation and DLJ Mortgage Capital, Inc ., regarding the sale of the Mortgage Loans by Aegis Mortgage Corporation to the Seller.
Mortgage Loan Schedule: As of any date, the list of Mortgage Loans included in the
_____________
DLJ Mortgage Capital, Inc – a division of The McGraw-Hill Companies, Inc., or its successor in interest.
Securities Act: means the Securities Act of 1933, as amended, and the rules and regulations thereunder.
Seller: DLJ Mortgage Capital, Inc ., or its successor in interest, in its capacity as seller.
Servicer: Select Portfolio Servicing, Inc., or any successor servicer appointed as herein provided, in its capacity as servicer hereunder.
_____________
DLJ MORTGAGE CAPITAL, INC – in each case as of the day and year first above written.
ASSET BACKED SECURITIES CORPORATION,
as Depositor
By: /s/ Joseph C. Little
Name: Joseph C. Little
Title: Vice President
DLJ MORTGAGE CAPITAL, INC .,
as Seller
By: /s/ Joseph C. Little
Name: Joseph C. Little
Title: Vice President
SELECT PORTFOLIO SERVICING, INC.,
as Servicer
By: /s/ Timothy J. OBrien
Name: Timothy J. OBrien
_____________
dt 1540497
;
McGraw-Hill Companies
As referenced in this Pooling and Servicing Agreement:
McGraw-Hill Companies, Inc – to whom such matter is referred because of such officers knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc ., or its successor in interest.
Securities Act: means the Securities Act of 1933, as amended, and the rules and regulations thereunder.
Seller: DLJ Mortgage Capital, Inc., or its successor
_____________
McGraw-Hill Companies, Inc – Ratings, One State Street Plaza, New York, NY 10004, Attention: Asset Backed Securities Corporation Home Equity Loan Trust 2006-HE1, to Standard & Poors Ratings Services, a division of the McGraw-Hill Companies, Inc . at 55 Water Street, 41st Floor, New York, NY 10041, Attention: Structured Finance Surveillance Group, and to the Swap Counterparty at Credit Suisse International, One Cabot Square, London E14
_____________
dt 1518529
;
|
Fannie Mae
As referenced in this Pooling and Servicing Agreement:
Fannie Mae – in respect of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae : Fannie Mae, formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at
_____________
Fannie Mae – of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae , formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository
_____________
Federal National Mortgage Association – 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae, formerly known as Federal National Mortgage Association , or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository institutions lend balances at the Federal Reserve
_____________
Fannie Mae – determined by an appraisal made for the Originator of the Mortgage Loan at the time of origination of the Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac and (b) the value thereof as determined by a review appraisal conducted by the Originator in the event any such review appraisal determines an appraised value
_____________
Fannie Mae – an appraisal made for the Originator of such Refinanced Mortgage Loan at the time of origination of such Refinanced Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac and (2) the value thereof as determined by a review appraisal conducted by the Originator in the event any such review appraisal determines an appraised value
_____________
dt 1439087
;
ISDA
As referenced in this Pooling and Servicing Agreement:
ISDA – Mortgage Loan by a court of competent jurisdiction in a proceeding under the Bankruptcy Code, except such a reduction resulting from a Deficient Valuation.
Defaulting Party: As defined in the ISDA Master Agreement.
Deficient Valuation: With respect to any Mortgage Loan, a valuation of the related Mortgaged Property by a court of competent jurisdiction in an amount less than the
_____________
ISDA – the month in which such Distribution Date occurs and ending on the first day of the month in which such Distribution Date occurs.
Early Termination Date: As defined in the ISDA Master Agreement.
EDGAR: The Commissions Electronic Data Gathering and Retrieval System.
Eligible Account: Either (1) an account or accounts maintained with a federal or state-chartered Depository Institution or
_____________
ISDA – commencement of such Interest Accrual Period.
Interest Remittance Amount: With respect to any Distribution Date, the sum of the Subgroup 1 Interest Remittance Amount and Subgroup 2 Interest Remittance Amount.
ISDA : International Swaps and Derivatives Association, Inc.
ISDA Master Agreement: An ISDA Master Agreement (Multicurrency-Cross Border) in the form published by ISDA in 1992 including the schedule thereto.
Late
_____________
International Swaps and Derivatives Association – of such Interest Accrual Period.
Interest Remittance Amount: With respect to any Distribution Date, the sum of the Subgroup 1 Interest Remittance Amount and Subgroup 2 Interest Remittance Amount.
ISDA: International Swaps and Derivatives Association , Inc.
ISDA Master Agreement: An ISDA Master Agreement (Multicurrency-Cross Border) in the form published by ISDA in 1992 including the schedule thereto.
Late Collections: With respect to any
_____________
ISDA – Remittance Amount: With respect to any Distribution Date, the sum of the Subgroup 1 Interest Remittance Amount and Subgroup 2 Interest Remittance Amount.
ISDA: International Swaps and Derivatives Association, Inc.
ISDA Master Agreement: An ISDA Master Agreement (Multicurrency-Cross Border) in the form published by ISDA in 1992 including the schedule thereto.
Late Collections: With respect to any Mortgage Loan
_____________
dt 1602955
;
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Pooling and Servicing Agreement
Pooling and Servicing Agreement (568K)
Doc #1735840: Click preview link for longer preview.
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC.
Seller
SELECT PORTFOLIO SERVICING, INC.
Servicer
OFFICETIGER GLOBAL REAL ESTATE SERVICES INC.
(f/k/a MortgageRamp, Inc.)
Loan Performance Advisor
and
U.S. BANK NATIONAL ASSOCIATION
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of April 1, 2006
_________________________________________
Asset Backed Securities Corporation Home Equity Loan Trust, Series NC 2006-HE4
Asset Backed Pass-Through Certificates, Series NC 2006-HE4
Table of Contents
Page
ARTICLE I DEFINITIONS
3
SECTION 1.01. . . .
1735840
|
DLJ Mortgage
As referenced in this Pooling and Servicing Agreement:
DLJ MORTGAGE CAPITAL, INC – m443_ABSC NC 2006-HE4 PSA
EX-99.1 2 m443abscnc2006he4psa.htm PSA
EXECUTION COPY
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC .
Seller
SELECT PORTFOLIO SERVICING, INC.
Servicer
OFFICETIGER GLOBAL REAL ESTATE SERVICES INC.
(f/k/a MortgageRamp, Inc.)
Loan Performance Advisor
and
U.S. BANK NATIONAL ASSOCIATION
Trustee
_________________________________________
POOLING
_____________
DLJ MORTGAGE CAPITAL, INC – 1
Mortgage Loan Schedule
Schedule 2
Prepayment Premium Schedule
This Pooling and Servicing Agreement, is dated and effective as of April 1, 2006, among ASSET BACKED SECURITIES CORPORATION, as Depositor, DLJ MORTGAGE CAPITAL, INC ., as Seller, SELECT PORTFOLIO SERVICING, INC., as Servicer, OFFICETIGER GLOBAL REAL ESTATE SERVICES INC. (f/k/a MortgageRamp, Inc.), as Loan Performance Advisor, and U.S. BANK NATIONAL ASSOCIATION,
_____________
DLJ Mortgage Capital, Inc – so held being identified in the Mortgage Loan Schedule, including each REO Property unless the context otherwise requires.
Mortgage Loan Purchase Agreement: The agreement among NC Capital, New Century and DLJ Mortgage Capital, Inc ., regarding the sale of the Mortgage Loans by NC Capital to the Seller.
Mortgage Loan Schedule: As of any date, the list of Mortgage Loans included in the Trust
_____________
DLJ Mortgage Capital, Inc – a division of The McGraw-Hill Companies, Inc., or its successor in interest.
Securities Act: means the Securities Act of 1933, as amended, and the rules and regulations thereunder.
Seller: DLJ Mortgage Capital, Inc ., or its successor in interest, in its capacity as seller.
Sequential Trigger Event: With respect to any Distribution Date (i) from the May 2006 Distribution Date through the April
_____________
DLJ MORTGAGE CAPITAL, INC – duly authorized, in each case as of the day and year first above written.
ASSET BACKED SECURITIES CORPORATION,
as Depositor
By: /s/ Gregory Richter
Name: Gregory Richter
Title: Vice President
DLJ MORTGAGE CAPITAL, INC .,
as Seller
By: /s/ Gregory Richter
Name: Gregory Richter
Title: Vice President
SELECT PORTFOLIO SERVICING, INC.,
as Servicer
By: /s/ Timothy J. OBrien
Name: Timothy J. OBrien
Title: EVP
_____________
dt 1540498
;
McGraw-Hill Companies
As referenced in this Pooling and Servicing Agreement:
McGraw-Hill Companies, Inc – to whom such matter is referred because of such officers knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc ., or its successor in interest.
Securities Act: means the Securities Act of 1933, as amended, and the rules and regulations thereunder.
Seller: DLJ Mortgage Capital, Inc., or its successor
_____________
McGraw-Hill Companies, Inc – One State Street Plaza, New York, NY 10004, Attention: Asset Backed Securities Corporation Home Equity Loan Trust NC 2006-HE4, to Standard & Poors Ratings Services, a division of the McGraw-Hill Companies, Inc . at 55 Water Street, 41st Floor, New York, NY 10041, Attention: Structured Finance Surveillance Group, and to the Swap Counterparty at Credit Suisse International, One Cabot Square, London E14
_____________
dt 1518530
;
|
Fannie Mae
As referenced in this Pooling and Servicing Agreement:
Fannie Mae – in respect of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae : Fannie Mae, formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at
_____________
Fannie Mae – of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae , formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository
_____________
Federal National Mortgage Association – 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae, formerly known as Federal National Mortgage Association , or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository institutions lend balances at the Federal Reserve
_____________
Fannie Mae – determined by an appraisal made for the Originator of the Mortgage Loan at the time of origination of the Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac and (b) the value thereof as determined by a review appraisal conducted by the Originator in the event any such review appraisal determines an appraised value
_____________
Fannie Mae – an appraisal made for the Originator of such Refinanced Mortgage Loan at the time of origination of such Refinanced Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac and (2) the value thereof as determined by a review appraisal conducted by the Originator in the event any such review appraisal determines an appraised value
_____________
dt 1439088
;
ISDA
As referenced in this Pooling and Servicing Agreement:
ISDA – Mortgage Loan by a court of competent jurisdiction in a proceeding under the Bankruptcy Code, except such a reduction resulting from a Deficient Valuation.
Defaulting Party: As defined in the ISDA Master Agreement.
Deficient Valuation: With respect to any Mortgage Loan, a valuation of the related Mortgaged Property by a court of competent jurisdiction in an amount less than the
_____________
ISDA – the month in which such Distribution Date occurs and ending on the first day of the month in which such Distribution Date occurs.
Early Termination Date: As defined in the ISDA Master Agreement.
EDGAR: The Commissions Electronic Data Gathering and Retrieval System.
Eligible Account: Either (1) an account or accounts maintained with a federal or state-chartered Depository Institution or
_____________
ISDA – Period.
Interest Remittance Amount: With respect to any Distribution Date, the sum of the Subgroup 1 Interest Remittance Amount, Subgroup 2 Interest Remittance Amount and Subgroup 3 Interest Remittance Amount.
ISDA : International Swaps and Derivatives Association, Inc.
ISDA Master Agreement: An ISDA Master Agreement (Multicurrency-Cross Border) in the form published by ISDA in 1992 including the schedule thereto.
Late
_____________
International Swaps and Derivatives Association – Interest Remittance Amount: With respect to any Distribution Date, the sum of the Subgroup 1 Interest Remittance Amount, Subgroup 2 Interest Remittance Amount and Subgroup 3 Interest Remittance Amount.
ISDA: International Swaps and Derivatives Association , Inc.
ISDA Master Agreement: An ISDA Master Agreement (Multicurrency-Cross Border) in the form published by ISDA in 1992 including the schedule thereto.
Late Collections: With respect to any
_____________
ISDA – any Distribution Date, the sum of the Subgroup 1 Interest Remittance Amount, Subgroup 2 Interest Remittance Amount and Subgroup 3 Interest Remittance Amount.
ISDA: International Swaps and Derivatives Association, Inc.
ISDA Master Agreement: An ISDA Master Agreement (Multicurrency-Cross Border) in the form published by ISDA in 1992 including the schedule thereto.
Late Collections: With respect to any Mortgage Loan
_____________
dt 1602956
;
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| 2006 |
Pooling and Servicing Agreement
Pooling and Servicing Agreement (622K)
Doc #1735872: Click preview link for longer preview.
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC.
Seller
SELECT PORTFOLIO SERVICING, INC.
Servicer
MORTGAGERAMP INC.,
Loan Performance Advisor
U.S. BANK NATIONAL ASSOCIATION
Trustee
and
WELLS FARGO BANK, N.A.
Master Servicer
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of October 1, 2005
_________________________________________
Asset Backed Securities Corporation Home Equity Loan Trust, Series NC 2005-HE8
Asset Backed Pass-Through Certificates, Series NC 2005-HE8
Table of Contents
Page
ARTICLE I DEFINITIONS
3
SECTION 1.01.
Defined . . .
1735872
|
DLJ Mortgage
As referenced in this Pooling and Servicing Agreement:
DLJ MORTGAGE CAPITAL, INC – m361_ABSC 2005-HE8 PSA(8-K_A)
EX-99.1 2 m361absc2005he8psa8ka.htm PSA
Execution Copy
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC .
Seller
SELECT PORTFOLIO SERVICING, INC.
Servicer
MORTGAGERAMP INC.,
Loan Performance Advisor
U.S. BANK NATIONAL ASSOCIATION
Trustee
and
WELLS FARGO BANK, N.A.
Master Servicer
_________________________________________
POOLING AND SERVICING
_____________
DLJ MORTGAGE CAPITAL, INC – 1
Mortgage Loan Schedule
Schedule 2
Prepayment Premium Schedule
This Pooling and Servicing Agreement, is dated and effective as of May 1, 2005, among ASSET BACKED SECURITIES CORPORATION, as Depositor, DLJ MORTGAGE CAPITAL, INC ., as Seller, SELECT PORTFOLIO SERVICING, INC., as Servicer, MORTGAGERAMP INC., as Loan Performance Advisor, WELLS FARGO BANK, N.A., as Master Servicer and U.S. BANK NATIONAL ASSOCIATION, as
_____________
DLJ Mortgage Capital, Inc – so held being identified in the Mortgage Loan Schedule, including each REO Property unless the context otherwise requires.
Mortgage Loan Purchase Agreement: The agreement among NC Capital, New Century and DLJ Mortgage Capital, Inc ., regarding the sale of the Mortgage Loans by NC Capital to the Seller.
Mortgage Loan Schedule: As of any date, the list of Mortgage Loans included in the Trust
_____________
DLJ Mortgage Capital, Inc – knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc., or its successor in interest.
Seller: DLJ Mortgage Capital, Inc ., or its successor in interest, in its capacity as seller.
Sequential Trigger Event: With respect to any Distribution Date (i) from the November 2005 Distribution Date through the October
_____________
DLJ MORTGAGE CAPITAL, INC – authorized, in each case as of the day and year first above written.
ASSET BACKED SECURITIES CORPORATION,
as Depositor
By: /s/Gregory Richter
Name: Gregory P. Richter
Title: Vice President
DLJ MORTGAGE CAPITAL, INC .,
as Seller
By: /s/Gregory Richter
Name: Gregory P. Richter
Title: Vice President
WELLS FARGO BANK, N.A.
as Master Servicer
By: /s/Sandra Whalen
Name: Sandra Whalen
Title:
_____________
dt 1540499
;
McGraw-Hill Companies
As referenced in this Pooling and Servicing Agreement:
McGraw-Hill Companies, Inc – to whom such matter is referred because of such officers knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc ., or its successor in interest.
Seller: DLJ Mortgage Capital, Inc., or its successor in interest, in its capacity as seller.
Sequential Trigger Event: With respect to any Distribution Date (
_____________
McGraw-Hill Companies, Inc – 55 Broadway, 15th Floor, New York, NY 10007, Attention: Asset Backed Securities Corporation Home Equity Loan Trust 2005-HE8, and to Standard & Poors Ratings Services, a division of the McGraw-Hill Companies, Inc . at 55 Water Street, 41st Floor, New York, NY 10041, Attention: Structured Finance Surveillance Group, Credit Suisse First Boston International, One Cabot Square, London E14 4QJ, England, Attention: Head
_____________
dt 1518532
;
|
Fannie Mae
As referenced in this Pooling and Servicing Agreement:
Fannie Mae – in respect of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae : Fannie Mae, formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at
_____________
Fannie Mae – of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae , formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository
_____________
Federal National Mortgage Association – 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae, formerly known as Federal National Mortgage Association , or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository institutions lend balances at the Federal Reserve
_____________
Fannie Mae – determined by an appraisal made for the Originator of the Mortgage Loan at the time of origination of the Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac and (b) the value thereof as determined by a review appraisal conducted by the Originator in the event any such review appraisal determines an appraised value
_____________
Fannie Mae – an appraisal made for the Originator of such Refinanced Mortgage Loan at the time of origination of such Refinanced Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac and (2) the value thereof as determined by a review appraisal conducted by the Originator in the event any such review appraisal determines an appraised value
_____________
dt 1439090
;
ISDA
As referenced in this Pooling and Servicing Agreement:
ISDA – Mortgage Loan by a court of competent jurisdiction in a proceeding under the Bankruptcy Code, except such a reduction resulting from a Deficient Valuation.
Defaulting Party: As defined in the ISDA Master Agreement.
Deficient Valuation: With respect to any Mortgage Loan, a valuation of the related Mortgaged Property by a court of competent jurisdiction in an amount less than the
_____________
ISDA – Interest Remittance Amount: With respect to any Distribution Date, the sum of the Subgroup 1 Interest Remittance Amount, Subgroup 2 Interest Remittance Amount and the Subgroup 3 Interest Remittance Amount.
ISDA : International Swaps and Derivatives Association, Inc.
ISDA Master Agreement: An ISDA Master Agreement (Multicurrency-Cross Border) in the form published by ISDA in 1992 including the schedule thereto.
Late
_____________
International Swaps and Derivatives Association – Remittance Amount: With respect to any Distribution Date, the sum of the Subgroup 1 Interest Remittance Amount, Subgroup 2 Interest Remittance Amount and the Subgroup 3 Interest Remittance Amount.
ISDA: International Swaps and Derivatives Association , Inc.
ISDA Master Agreement: An ISDA Master Agreement (Multicurrency-Cross Border) in the form published by ISDA in 1992 including the schedule thereto.
Late Collections: With respect to any
_____________
ISDA – Distribution Date, the sum of the Subgroup 1 Interest Remittance Amount, Subgroup 2 Interest Remittance Amount and the Subgroup 3 Interest Remittance Amount.
ISDA: International Swaps and Derivatives Association, Inc.
ISDA Master Agreement: An ISDA Master Agreement (Multicurrency-Cross Border) in the form published by ISDA in 1992 including the schedule thereto.
Late Collections: With respect to any Mortgage Loan
_____________
ISDA – of the Subgroup 1 Interest Remittance Amount, Subgroup 2 Interest Remittance Amount and the Subgroup 3 Interest Remittance Amount.
ISDA: International Swaps and Derivatives Association, Inc.
ISDA Master Agreement: An ISDA Master Agreement (Multicurrency-Cross Border) in the form published by ISDA in 1992 including the schedule thereto.
Late Collections: With respect to any Mortgage Loan and any Due Period,
_____________
dt 1602957
;
More... |
Preview
Full Doc
| 2005 |
Pooling and Servicing Agreement
Pooling and Servicing Agreement (622K)
Doc #1736041: Click preview link for longer preview.
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC.
Seller
SELECT PORTFOLIO SERVICING, INC.
Servicer
MORTGAGERAMP INC.,
Loan Performance Advisor
U.S. BANK NATIONAL ASSOCIATION
Trustee
and
WELLS FARGO BANK, N.A.
Master Servicer
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of October 1, 2005
_________________________________________
Asset Backed Securities Corporation Home Equity Loan Trust, Series NC 2005-HE8
Asset Backed Pass-Through Certificates, Series NC 2005-HE8
Table of Contents
Page
ARTICLE I DEFINITIONS
3
SECTION 1.01.
Defined . . .
1736041
|
DLJ Mortgage
As referenced in this Pooling and Servicing Agreement:
DLJ MORTGAGE CAPITAL, INC – ASSET BACKED SECURITIES CORPORATION
EX-99.1 2 absc2005he8psa.htm PSA
Execution Copy
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC .
Seller
SELECT PORTFOLIO SERVICING, INC.
Servicer
MORTGAGERAMP INC.,
Loan Performance Advisor
U.S. BANK NATIONAL ASSOCIATION
Trustee
and
WELLS FARGO BANK, N.A.
Master Servicer
_________________________________________
POOLING AND SERVICING
_____________
DLJ MORTGAGE CAPITAL, INC – 1
Mortgage Loan Schedule
Schedule 2
Prepayment Premium Schedule
This Pooling and Servicing Agreement, is dated and effective as of May 1, 2005, among ASSET BACKED SECURITIES CORPORATION, as Depositor, DLJ MORTGAGE CAPITAL, INC ., as Seller, SELECT PORTFOLIO SERVICING, INC., as Servicer, MORTGAGERAMP INC., as Loan Performance Advisor, WELLS FARGO BANK, N.A., as Master Servicer and U.S. BANK NATIONAL ASSOCIATION, as
_____________
DLJ Mortgage Capital, Inc – so held being identified in the Mortgage Loan Schedule, including each REO Property unless the context otherwise requires.
Mortgage Loan Purchase Agreement: The agreement among NC Capital, New Century and DLJ Mortgage Capital, Inc ., regarding the sale of the Mortgage Loans by NC Capital to the Seller.
Mortgage Loan Schedule: As of any date, the list of Mortgage Loans included in the Trust
_____________
DLJ Mortgage Capital, Inc – knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc., or its successor in interest.
Seller: DLJ Mortgage Capital, Inc ., or its successor in interest, in its capacity as seller.
Sequential Trigger Event: With respect to any Distribution Date (i) from the November 2005 Distribution Date through the October
_____________
DLJ MORTGAGE CAPITAL, INC – authorized, in each case as of the day and year first above written.
ASSET BACKED SECURITIES CORPORATION,
as Depositor
By: /s/Gregory Richter
Name: Gregory P. Richter
Title: Vice President
DLJ MORTGAGE CAPITAL, INC .,
as Seller
By: /s/Gregory Richter
Name: Gregory P. Richter
Title: Vice President
WELLS FARGO BANK, N.A.
as Master Servicer
By: /s/Sandra Whalen
Name: Sandra Whalen
Title:
_____________
dt 1540500
;
McGraw-Hill Companies
As referenced in this Pooling and Servicing Agreement:
McGraw-Hill Companies, Inc – to whom such matter is referred because of such officers knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc ., or its successor in interest.
Seller: DLJ Mortgage Capital, Inc., or its successor in interest, in its capacity as seller.
Sequential Trigger Event: With respect to any Distribution Date (
_____________
McGraw-Hill Companies, Inc – 55 Broadway, 15th Floor, New York, NY 10007, Attention: Asset Backed Securities Corporation Home Equity Loan Trust 2005-HE8, and to Standard & Poors Ratings Services, a division of the McGraw-Hill Companies, Inc . at 55 Water Street, 41st Floor, New York, NY 10041, Attention: Structured Finance Surveillance Group, Credit Suisse First Boston International, One Cabot Square, London E14 4QJ, England, Attention: Head
_____________
dt 1518534
;
|
Fannie Mae
As referenced in this Pooling and Servicing Agreement:
Fannie Mae – in respect of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae : Fannie Mae, formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at
_____________
Fannie Mae – of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae , formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository
_____________
Federal National Mortgage Association – 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae, formerly known as Federal National Mortgage Association , or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository institutions lend balances at the Federal Reserve
_____________
Fannie Mae – determined by an appraisal made for the Originator of the Mortgage Loan at the time of origination of the Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac and (b) the value thereof as determined by a review appraisal conducted by the Originator in the event any such review appraisal determines an appraised value
_____________
Fannie Mae – an appraisal made for the Originator of such Refinanced Mortgage Loan at the time of origination of such Refinanced Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac and (2) the value thereof as determined by a review appraisal conducted by the Originator in the event any such review appraisal determines an appraised value
_____________
dt 1439092
;
ISDA
As referenced in this Pooling and Servicing Agreement:
ISDA – Mortgage Loan by a court of competent jurisdiction in a proceeding under the Bankruptcy Code, except such a reduction resulting from a Deficient Valuation.
Defaulting Party: As defined in the ISDA Master Agreement.
Deficient Valuation: With respect to any Mortgage Loan, a valuation of the related Mortgaged Property by a court of competent jurisdiction in an amount less than the
_____________
ISDA – Interest Remittance Amount: With respect to any Distribution Date, the sum of the Subgroup 1 Interest Remittance Amount, Subgroup 2 Interest Remittance Amount and the Subgroup 3 Interest Remittance Amount.
ISDA : International Swaps and Derivatives Association, Inc.
ISDA Master Agreement: An ISDA Master Agreement (Multicurrency-Cross Border) in the form published by ISDA in 1992 including the schedule thereto.
Late
_____________
International Swaps and Derivatives Association – Remittance Amount: With respect to any Distribution Date, the sum of the Subgroup 1 Interest Remittance Amount, Subgroup 2 Interest Remittance Amount and the Subgroup 3 Interest Remittance Amount.
ISDA: International Swaps and Derivatives Association , Inc.
ISDA Master Agreement: An ISDA Master Agreement (Multicurrency-Cross Border) in the form published by ISDA in 1992 including the schedule thereto.
Late Collections: With respect to any
_____________
ISDA – Distribution Date, the sum of the Subgroup 1 Interest Remittance Amount, Subgroup 2 Interest Remittance Amount and the Subgroup 3 Interest Remittance Amount.
ISDA: International Swaps and Derivatives Association, Inc.
ISDA Master Agreement: An ISDA Master Agreement (Multicurrency-Cross Border) in the form published by ISDA in 1992 including the schedule thereto.
Late Collections: With respect to any Mortgage Loan
_____________
ISDA – of the Subgroup 1 Interest Remittance Amount, Subgroup 2 Interest Remittance Amount and the Subgroup 3 Interest Remittance Amount.
ISDA: International Swaps and Derivatives Association, Inc.
ISDA Master Agreement: An ISDA Master Agreement (Multicurrency-Cross Border) in the form published by ISDA in 1992 including the schedule thereto.
Late Collections: With respect to any Mortgage Loan and any Due Period,
_____________
dt 1602959
;
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| 2005 |
Pooling and Servicing Agreement
Pooling and Servicing Agreement (701K)
Doc #1736379: Click preview link for longer preview.
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC.
Seller
OPTION ONE MORTGAGE CORPORATION
Servicer
MORTGAGERAMP INC.,
Loan Performance Advisor
and
WELLS FARGO BANK, N.A.
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of August 1, 2005
_________________________________________
Asset Backed Securities Corporation Home Equity Loan Trust, Series OOMC 2005-HE6
Asset Backed Pass-Through Certificates, Series OOMC 2005-HE6
Table of Contents
Page
ARTICLE I DEFINITIONS
3
SECTION 1.01.
Defined Terms.
3
SECTION 1.02.
Allocation of Certain . . .
1736379
|
DLJ Mortgage
As referenced in this Pooling and Servicing Agreement:
DLJ MORTGAGE CAPITAL, INC – Pooling and Servicing Agreement
EX-99 2 m434ex991.htm EXHIBIT 99.1 POOLING AND SERVICING AGREEMENT
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC .
Seller
OPTION ONE MORTGAGE CORPORATION
Servicer
MORTGAGERAMP INC.,
Loan Performance Advisor
and
WELLS FARGO BANK, N.A.
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of August 1, 2005
_____________
DLJ MORTGAGE CAPITAL, INC – 1
Mortgage Loan Schedule
Schedule 2
Prepayment Premium Schedule
This Pooling and Servicing Agreement is dated and effective as of June 1, 2005, among ASSET BACKED SECURITIES CORPORATION, as Depositor, DLJ MORTGAGE CAPITAL, INC ., as Seller, OPTION ONE MORTGAGE CORPORATION, as Servicer, MORTGAGE RAMP INC., as Loan Performance Advisor, and WELLS FARGO BANK, N.A., as Trustee.
PRELIMINARY STATEMENT:
The Depositor intends to
_____________
DLJ Mortgage Capital, Inc – the Mortgage Loans so held being identified in the Mortgage Loan Schedule, including each REO Property unless the context otherwise requires.
Mortgage Loan Purchase Agreement: The agreement between OOMC and DLJ Mortgage Capital, Inc ., regarding the sale of the Mortgage Loans by OOMC to the Seller.
Mortgage Loan Schedule: As of any date, the list of Mortgage Loans included in the Trust Fund
_____________
DLJ Mortgage Capital, Inc – knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc., or its successor in interest.
Seller: DLJ Mortgage Capital, Inc ., or its successor in interest, in its capacity as seller.
Sequential Trigger Event: A Sequential Trigger Event has occurred with respect to any Distribution Date (i) from the September
_____________
DLJ MORTGAGE CAPITAL, INC – duly authorized, in each case as of the day and year first above written.
ASSET BACKED SECURITIES CORPORATION,
as Depositor
By: /s/ Gregory Richter
Name: Gregory Richter
Title: Vice President
DLJ MORTGAGE CAPITAL, INC .,
as Seller
By: /s/ Joseph C. Little
Name: Joseph C. Little
Title: Vice President
OPTION ONE MORTGAGE CORPORATION.
as Servicer
By: /s/ Charles Fulton
Name: /s/ Charles Fulton
Title:
_____________
dt 1540501
;
McGraw-Hill Companies
As referenced in this Pooling and Servicing Agreement:
McGraw-Hill Companies, Inc – to whom such matter is referred because of such officers knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc ., or its successor in interest.
Seller: DLJ Mortgage Capital, Inc., or its successor in interest, in its capacity as seller.
Sequential Trigger Event: A Sequential Trigger Event has occurred
_____________
McGraw-Hill Companies, Inc – One State Street Plaza, New York, NY 10004, Attention: Asset Backed Securities Corporation Home Equity Loan Trust 2005-HE6, and to Standard & Poors Ratings Services, a division of the McGraw-Hill Companies, Inc . at 55 Water Street, 41st Floor, New York, NY 10041, Attention: Structured Finance Surveillance Group, Credit Suisse First Boston International, One Cabot Square, London E14 4QJ, England, Attention: Head
_____________
dt 1518535
;
|
Fannie Mae
As referenced in this Pooling and Servicing Agreement:
Fannie Mae – in respect of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae : Fannie Mae, formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at
_____________
Fannie Mae – of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae , formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository
_____________
Federal National Mortgage Association – 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae, formerly known as Federal National Mortgage Association , or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository institutions lend balances at the Federal Reserve
_____________
Fannie Mae – determined by an appraisal made for the Originator of the Mortgage Loan at the time of origination of the Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac and (b) the value thereof as determined by a review appraisal conducted by the Originator in the event any such review appraisal determines an appraised value
_____________
Fannie Mae – previously delivered to the Custodian by the Originator under the Mortgage Loan Purchase Agreement and the Reconstitution Agreement. Notwithstanding the foregoing, if applicable, any breach by the Originator of the Fannie Mae Representations or the Freddie Mac Representations (as defined and set forth in the Reconstitution Agreement), if applicable, shall be deemed to materially and adversely affect the interests of the
_____________
dt 1439093
;
ISDA
As referenced in this Pooling and Servicing Agreement:
ISDA – and after the Distribution Date in March 2008, zero.
Class A2D Yield Maintenance Agreement: The interest rate yield maintenance agreement relating to the Class A2D Certificates consisting of a 1992 ISDA Master Agreement (Multicurrency Border) and a Schedule dated as of the Closing Date and a 1994 ISDA Credit Support Annex (Bilateral Form New York Law) and the related Confirmation
_____________
ISDA – yield maintenance agreement relating to the Class A2D Certificates consisting of a 1992 ISDA Master Agreement (Multicurrency Border) and a Schedule dated as of the Closing Date and a 1994 ISDA Credit Support Annex (Bilateral Form New York Law) and the related Confirmation thereto, between the Trustee on behalf of the Trust and the Cap Counterparty, as such agreement may
_____________
ISDA – Distribution Date in March 2008, zero.
Subgroup 1 Yield Maintenance Agreement: The interest rate yield maintenance agreement relating to the Class A1 and Class A1A Certificates consisting of a 1992 ISDA Master Agreement (Multicurrency Border) and a Schedule dated as of the Closing Date and a 1994 ISDA Credit Support Annex (Bilateral Form New York Law) and the related Confirmation
_____________
ISDA – relating to the Class A1 and Class A1A Certificates consisting of a 1992 ISDA Master Agreement (Multicurrency Border) and a Schedule dated as of the Closing Date and a 1994 ISDA Credit Support Annex (Bilateral Form New York Law) and the related Confirmation thereto, between the Trustee on behalf of the Trust and the Cap Counterparty, as such agreement may
_____________
ISDA – in March 2008, zero.
Subgroup 2 Yield Maintenance Agreement: The interest rate yield maintenance agreement relating to the Class A2A, Class A2B and Class A2C Certificates consisting of a 1992 ISDA Master Agreement (Multicurrency Border) and a Schedule dated as of the Closing Date and a 1994 ISDA Credit Support Annex (Bilateral Form New York Law) and the related Confirmation
_____________
dt 1603851
;
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| 2005 |
Pooling and Servicing Agreement
Pooling and Servicing Agreement (615K)
Doc #1736384: Click preview link for longer preview.
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC.
Seller
CENTEX HOME EQUITY COMPANY, LLC
Servicer
MORTGAGERAMP INC.,
Loan Performance Advisor
and
U.S. BANK NATIONAL ASSOCIATION
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of July 1, 2005
_________________________________________
Asset Backed Securities Corporation Home Equity Loan Trust, Series 2005-HE7
Asset Backed Pass-Through Certificates, Series 2005-HE7
Table of Contents
Page
ARTICLE I DEFINITIONS
3
SECTION 1.01.
Defined Terms.
3
SECTION 1.02.
Allocation of Certain . . .
1736384
|
DLJ Mortgage
As referenced in this Pooling and Servicing Agreement:
DLJ MORTGAGE CAPITAL, INC – Pooling and Servicing Agreement
EX-99 2 m407ex991.htm POOLING AND SERVICING AGREEMENT
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC .
Seller
CENTEX HOME EQUITY COMPANY, LLC
Servicer
MORTGAGERAMP INC.,
Loan Performance Advisor
and
U.S. BANK NATIONAL ASSOCIATION
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of July 1,
_____________
DLJ MORTGAGE CAPITAL, INC – 1
Mortgage Loan Schedule
Schedule 2
Prepayment Premium Schedule
This Pooling and Servicing Agreement is dated and effective as of July 1, 2005, among ASSET BACKED SECURITIES CORPORATION, as Depositor, DLJ MORTGAGE CAPITAL, INC ., as Seller, CENTEX HOME EQUITY COMPANY, LLC, as Servicer, MORTGAGE RAMP INC., as Loan Performance Advisor, and U.S. BANK NATIONAL ASSOCIATION, as Trustee.
PRELIMINARY STATEMENT:
The Depositor intends
_____________
DLJ Mortgage Capital, Inc – knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc., or its successor in interest.
Seller: DLJ Mortgage Capital, Inc ., or its successor in interest, in its capacity as seller.
Senior Yield Maintenance Agreement: The interest rate yield maintenance agreement relating to the Senior Certificates consisting of a 1992
_____________
DLJ MORTGAGE CAPITAL, INC – hereto by their respective officers thereunto duly authorized, in each case as of the day and year first above written.
ASSET BACKED SECURITIES CORPORATION,
as Depositor
By:___________________
Name:
Title:
DLJ MORTGAGE CAPITAL, INC .,
as Seller
By: ___________________
Name:
Title:
CENTEX HOME EQUITY COMPANY, LLC
as Servicer
By: ___________________
Name:
Title:
MORTGAGERAMP, INC
as Loan Performance Advisor
By: ___________________
Name:
Title:
U.S.
_____________
DLJ Mortgage Capital, Inc – NEW YORK
)
On the __th day of July 2005, before me, a notary public in and for said State, personally appeared _________________, known to me to be a _________________ of DLJ Mortgage Capital, Inc ., one of the entities that executed the within instrument, and also known to me to be the person who executed it on behalf of said corporation, and acknowledged to
_____________
dt 1540502
;
McGraw-Hill Companies
As referenced in this Pooling and Servicing Agreement:
McGraw-Hill Companies, Inc – to whom such matter is referred because of such officers knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc ., or its successor in interest.
Seller: DLJ Mortgage Capital, Inc., or its successor in interest, in its capacity as seller.
Senior Yield Maintenance Agreement: The interest rate yield maintenance
_____________
McGraw-Hill Companies, Inc – One State Street Plaza, New York, NY 10004, Attention: Asset Backed Securities Corporation Home Equity Loan Trust 2005-HE5, and to Standard & Poors Ratings Services, a division of the McGraw-Hill Companies, Inc . at 55 Water Street, 41st Floor, New York, NY 10041, Attention: Structured Finance Surveillance Group, Credit Suisse First Boston International, One Cabot Square, London E14 4QJ, England, Attention: Head
_____________
dt 1518536
;
|
Fannie Mae
As referenced in this Pooling and Servicing Agreement:
Fannie Mae – in respect of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae : Fannie Mae, formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at
_____________
Fannie Mae – of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae , formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository
_____________
Federal National Mortgage Association – 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae, formerly known as Federal National Mortgage Association , or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository institutions lend balances at the Federal Reserve
_____________
Fannie Mae – determined by an appraisal made for the originator of the Mortgage Loan at the time of origination of the Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac or value determined by a third party insured automated valuation method and (b) the value thereof as determined by a review appraisal conducted by the Servicer
_____________
Fannie Mae – an appraisal made for the originator of such Refinanced Mortgage Loan at the time of origination of such refinanced Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac or value determined by a third party insured automated valuation method and (ii) the value thereof as determined by a review appraisal conducted by the Originator
_____________
dt 1439094
;
ISDA
As referenced in this Pooling and Servicing Agreement:
ISDA – Inc., or its successor in interest, in its capacity as seller.
Senior Yield Maintenance Agreement: The interest rate yield maintenance agreement relating to the Senior Certificates consisting of a 1992 ISDA Master Agreement (Multicurrency Border) and a Schedule dated as of the Closing Date and a 1994 ISDA Credit Support Annex (Bilateral Form New York Law) and the related Confirmation
_____________
ISDA – rate yield maintenance agreement relating to the Senior Certificates consisting of a 1992 ISDA Master Agreement (Multicurrency Border) and a Schedule dated as of the Closing Date and a 1994 ISDA Credit Support Annex (Bilateral Form New York Law) and the related Confirmation thereto, between the Trustee on behalf of the Trust and the Cap Counterparty, as such agreement may
_____________
ISDA – than 53.40%.
Subordinate Certificates: As defined in the Preliminary Statement.
Subordinate Yield Maintenance Agreement: The interest rate yield maintenance agreement relating to the Mezzanine Certificates consisting of a 1992 ISDA Master Agreement (Multicurrency Cross Border) and a Schedule dated as of the Closing Date and a 1994 ISDA Credit Support Annex (Bilateral Form New York Law) and the related
_____________
ISDA – yield maintenance agreement relating to the Mezzanine Certificates consisting of a 1992 ISDA Master Agreement (Multicurrency Cross Border) and a Schedule dated as of the Closing Date and a 1994 ISDA Credit Support Annex (Bilateral Form New York Law) and the related Confirmation thereto, between the Trustee on behalf of the Trust and the Cap Counterparty, as such agreement may
_____________
dt 1603852
;
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Full Doc
| 2005 |
Pooling and Servicing Agreement
Pooling and Servicing Agreement (695K)
Doc #1736435: Click preview link for longer preview.
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC.
Seller
COUNTRYWIDE HOME LOANS SERVICING LP
Servicer
MORTGAGERAMP INC.,
Loan Performance Advisor
and
WELLS FARGO BANK, N.A.
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of June 1, 2005
_________________________________________
Asset Backed Securities Corporation Home Equity Loan Trust, Series WMC 2005-HE5
Asset Backed Pass-Through Certificates, Series WMC 2005-HE5
Table of Contents
Page
ARTICLE I
DEFINITIONS
SECTION 1.01.
Defined Terms.
3
SECTION 1.02.
Allocation of Certain Interest . . .
1736435
|
DLJ Mortgage
As referenced in this Pooling and Servicing Agreement:
DLJ MORTGAGE CAPITAL, INC – PSA
EX-99.1 2 m265_ex99-1.htm POOLING AND SERVING AGREEMENT
EXECUTION COPY
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC .
Seller
COUNTRYWIDE HOME LOANS SERVICING LP
Servicer
MORTGAGERAMP INC.,
Loan Performance Advisor
and
WELLS FARGO BANK, N.A.
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of June 1,
_____________
DLJ MORTGAGE CAPITAL, INC – 1
Mortgage Loan Schedule
Schedule 2
Prepayment Premium Schedule
This Pooling and Servicing Agreement is dated and effective as of June 1, 2005, among ASSET BACKED SECURITIES CORPORATION, as Depositor, DLJ MORTGAGE CAPITAL, INC ., as Seller, COUNTRYWIDE HOME LOANS SERVICING LP, as Servicer, MORTGAGE RAMP INC., as Loan Performance Advisor, and WELLS FARGO BANK, N.A., as Trustee.
PRELIMINARY STATEMENT:
The Depositor intends
_____________
DLJ Mortgage Capital, Inc – the Mortgage Loans so held being identified in the Mortgage Loan Schedule, including each REO Property unless the context otherwise requires.
Mortgage Loan Purchase Agreement: The agreement between WMC and DLJ Mortgage Capital, Inc ., regarding the sale of the Mortgage Loans by WMC to the Seller.
Mortgage Loan Schedule: As of any date, the list of Mortgage Loans included in the Trust Fund
_____________
DLJ Mortgage Capital, Inc – knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc., or its successor in interest.
Seller: DLJ Mortgage Capital, Inc ., or its successor in interest, in its capacity as seller.
Sequential Trigger Event: A Sequential Trigger Event has occurred with respect to any Distribution Date (i) from the July
_____________
DLJ MORTGAGE CAPITAL, INC – in each case as of the day and year first above written.
ASSET BACKED SECURITIES CORPORATION,
as Depositor
By: /s/ Gregory P. Richter
Name: Gregory P. Richter
Title: Vice President
DLJ MORTGAGE CAPITAL, INC .,
as Seller
By: /s/ Joseph C. Little
Name: Joseph C. Little
Title: Vice President
COUNTRYWIDE HOME LOANS SERVICING, LP.
as Servicer
By: /s/ Jordan Cohen
Name: Jordan Cohen
Title:
_____________
dt 1540503
;
McGraw-Hill Companies
As referenced in this Pooling and Servicing Agreement:
McGraw-Hill Companies, Inc – to whom such matter is referred because of such officers knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc ., or its successor in interest.
Seller: DLJ Mortgage Capital, Inc., or its successor in interest, in its capacity as seller.
Sequential Trigger Event: A Sequential Trigger Event has occurred
_____________
McGraw-Hill Companies, Inc – One State Street Plaza, New York, NY 10004, Attention: Asset Backed Securities Corporation Home Equity Loan Trust 2005-HE5, and to Standard & Poors Ratings Services, a division of the McGraw-Hill Companies, Inc . at 55 Water Street, 41st Floor, New York, NY 10041, Attention: Structured Finance Surveillance Group, Credit Suisse First Boston International, One Cabot Square, London E14 4QJ, England, Attention: Head
_____________
dt 1518537
;
|
Fannie Mae
As referenced in this Pooling and Servicing Agreement:
Fannie Mae – in respect of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae : Fannie Mae, formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at
_____________
Fannie Mae – of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae , formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository
_____________
Federal National Mortgage Association – 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae, formerly known as Federal National Mortgage Association , or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository institutions lend balances at the Federal Reserve
_____________
Fannie Mae – determined by an appraisal made for the Originator of the Mortgage Loan at the time of origination of the Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac and (b) the value thereof as determined by a review appraisal conducted by the Originator in the event any such review appraisal determines an appraised value
_____________
Fannie Mae – an appraisal made for the Originator of such Refinanced Mortgage Loan at the time of origination of such Refinanced Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac and (2) the value thereof as determined by a review appraisal conducted by the Originator in the event any such review appraisal determines an appraised value
_____________
dt 1439095
;
ISDA
As referenced in this Pooling and Servicing Agreement:
ISDA – Distribution Date derived from the Subgroup 1 Mortgage Loans.
Subgroup 1 Yield Maintenance Agreement: The interest rate yield maintenance agreement relating to the Class A1A Certificates consisting of a 1992 ISDA Master Agreement (Multicurrency Border) and a Schedule dated as of the Closing Date and a 1994 ISDA Credit Support Annex (Bilateral Form New York Law) and the related Confirmation
_____________
ISDA – yield maintenance agreement relating to the Class A1A Certificates consisting of a 1992 ISDA Master Agreement (Multicurrency Border) and a Schedule dated as of the Closing Date and a 1994 ISDA Credit Support Annex (Bilateral Form New York Law) and the related Confirmation thereto, between the Trustee on behalf of the Trust and the Cap Counterparty, as such agreement may
_____________
ISDA – and after the Distribution Date in January 2008, zero.
Subgroup 2 Yield Maintenance Agreement: The interest rate yield maintenance agreement relating to the Subgroup 2 Certificates consisting of a 1992 ISDA Master Agreement (Multicurrency Border) and a Schedule dated as of the Closing Date and a 1994 ISDA Credit Support Annex (Bilateral Form New York Law) and the related Confirmation
_____________
ISDA – yield maintenance agreement relating to the Subgroup 2 Certificates consisting of a 1992 ISDA Master Agreement (Multicurrency Border) and a Schedule dated as of the Closing Date and a 1994 ISDA Credit Support Annex (Bilateral Form New York Law) and the related Confirmation thereto, between the Trustee on behalf of the Trust and the Cap Counterparty, as such agreement may
_____________
ISDA – c) 100, and after the Distribution Date in January 2008, zero.
Subordinate Yield Maintenance Agreement: The interest rate yield maintenance agreement relating to the Mezzanine Certificates consisting of a 1992 ISDA Master Agreement (Multicurrency Cross Border) and a Schedule dated as of the Closing Date and a 1994 ISDA Credit Support Annex (Bilateral Form New York Law) and the related
_____________
dt 1603853
;
More... |
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Full Doc
| 2005 |
Pooling and Servicing Agreement
Pooling and Servicing Agreement (615K)
Doc #1736440: Click preview link for longer preview.
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC.
Seller
SELECT PORTFOLIO SERVICING, INC.
Servicer
WELLS FARGO BANK, N.A.
Master Servicer
and
U.S. BANK NATIONAL ASSOCIATION
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of May 1, 2005
_________________________________________
Asset Backed Securities Corporation Home Equity Loan Trust, Series NC 2005-HE4
Asset Backed Pass-Through Certificates, Series NC 2005-HE4
Table of Contents
Page
ARTICLE I DEFINITIONS
SECTION 1.01.
Defined Terms.
3
SECTION 1.02.
Allocation of Certain . . .
1736440
|
DLJ Mortgage
As referenced in this Pooling and Servicing Agreement:
DLJ MORTGAGE CAPITAL, INC – ASSET BACKED SECURITIES CORPORATION
EX-99 2 m241_psa.htm EXHIBIT 99.1 POOLING AND SERVICING AGREEMENT
EXECUTION COPY
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC .
Seller
SELECT PORTFOLIO SERVICING, INC.
Servicer
WELLS FARGO BANK, N.A.
Master Servicer
and
U.S. BANK NATIONAL ASSOCIATION
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of May
_____________
DLJ MORTGAGE CAPITAL, INC – 1
Mortgage Loan Schedule
Schedule 2
Prepayment Premium Schedule
This Pooling and Servicing Agreement, is dated and effective as of May 1, 2005, among ASSET BACKED SECURITIES CORPORATION, as Depositor, DLJ MORTGAGE CAPITAL, INC ., as Seller, SELECT PORTFOLIO SERVICING, INC., as Servicer, WELLS FARGO BANK, N.A., as Master Servicer and U.S. BANK NATIONAL ASSOCIATION, as Trustee.
PRELIMINARY STATEMENT:
The Depositor intends
_____________
DLJ Mortgage Capital, Inc – so held being identified in the Mortgage Loan Schedule, including each REO Property unless the context otherwise requires.
Mortgage Loan Purchase Agreement: The agreement among NC Capital, New Century and DLJ Mortgage Capital, Inc ., regarding the sale of the Mortgage Loans by NC Capital to the Seller.
Mortgage Loan Schedule: As of any date, the list of Mortgage Loans included in the Trust
_____________
DLJ Mortgage Capital, Inc – knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc., or its successor in interest.
Seller: DLJ Mortgage Capital, Inc ., or its successor in interest, in its capacity as seller.
Servicer: Select Portfolio Servicing, Inc., or any successor servicer appointed as herein provided, in its capacity as servicer hereunder.
_____________
DLJ MORTGAGE CAPITAL, INC – in each case as of the day and year first above written.
ASSET BACKED SECURITIES CORPORATION,
as Depositor
By:/S/ Gregory P. Richter
Name: Gregory P. Richter
Title: Vice President
DLJ MORTGAGE CAPITAL, INC .,
as Seller
By:/s/ Joseph C. Little
Name: Joseph C. Little
Title: Vice President
WELLS FARGO BANK, N.A.
as Master Servicer
By:/s/ Sandra Whalen
Name: Sandra Whalen
_____________
dt 1540504
;
McGraw-Hill Companies
As referenced in this Pooling and Servicing Agreement:
McGraw-Hill Companies, Inc – to whom such matter is referred because of such officers knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc ., or its successor in interest.
Seller: DLJ Mortgage Capital, Inc., or its successor in interest, in its capacity as seller.
Servicer: Select Portfolio Servicing, Inc., or any successor servicer
_____________
McGraw-Hill Companies, Inc – One State Street Plaza, New York, NY 10004, Attention: Asset Backed Securities Corporation Home Equity Loan Trust 2005-HE4, and to Standard & Poors Ratings Services, a division of the McGraw-Hill Companies, Inc . at 55 Water Street, 41st Floor, New York, NY 10041, Attention: Structured Finance Surveillance Group, Credit Suisse First Boston International, One Cabot Square, London E14 4QJ, England, Attention: Head
_____________
dt 1518538
;
|
Fannie Mae
As referenced in this Pooling and Servicing Agreement:
Fannie Mae – in respect of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae : Fannie Mae, formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at
_____________
Fannie Mae – of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae , formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository
_____________
Federal National Mortgage Association – 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae, formerly known as Federal National Mortgage Association , or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository institutions lend balances at the Federal Reserve
_____________
Fannie Mae – determined by an appraisal made for the Originator of the Mortgage Loan at the time of origination of the Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac and (b) the value thereof as determined by a review appraisal conducted by the Originator in the event any such review appraisal determines an appraised value
_____________
Fannie Mae – an appraisal made for the Originator of such Refinanced Mortgage Loan at the time of origination of such Refinanced Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac and (2) the value thereof as determined by a review appraisal conducted by the Originator in the event any such review appraisal determines an appraised value
_____________
dt 1439096
;
ISDA
As referenced in this Pooling and Servicing Agreement:
ISDA – and after the Distribution Date in December 2007, zero.
Subgroup 2 Yield Maintenance Agreement: The interest rate yield maintenance agreement relating to the Subgroup 2 Certificates consisting of a 1992 ISDA Master Agreement (Multicurrency Border) and a Schedule dated as of the Closing Date and an ISDA Credit Support Annex (Bilateral Form New York Law) and the related Confirmation thereto,
_____________
ISDA – rate yield maintenance agreement relating to the Subgroup 2 Certificates consisting of a 1992 ISDA Master Agreement (Multicurrency Border) and a Schedule dated as of the Closing Date and an ISDA Credit Support Annex (Bilateral Form New York Law) and the related Confirmation thereto, between the Trustee on behalf of the Trust and the Cap Counterparty, as such agreement may
_____________
ISDA – c) 100, and after the Distribution Date in December 2007, zero.
Subordinate Yield Maintenance Agreement: The interest rate yield maintenance agreement relating to the Mezzanine Certificates consisting of a 1992 ISDA Master Agreement (Multicurrency Cross Border) and a Schedule dated as of the Closing Date and an ISDA Credit Support Annex (Bilateral Form New York Law) and the related Confirmation
_____________
ISDA – rate yield maintenance agreement relating to the Mezzanine Certificates consisting of a 1992 ISDA Master Agreement (Multicurrency Cross Border) and a Schedule dated as of the Closing Date and an ISDA Credit Support Annex (Bilateral Form New York Law) and the related Confirmation thereto, between the Trustee on behalf of the Trust and the Cap Counterparty, as such agreement may
_____________
ISDA – defined in Section 2.03(c) herein.
Supplemental Interest Account: As defined in Section 4.08 hereof.
Swap Agreement: The swap agreement relating to the Class A1 Certificates consisting of ISDA Master Agreement (Multicurrency Border) and a schedule dated as of the Closing Date and an ISDA Credit Support Annex (Bilateral Form New York Law) and the related confirmation thereto,
_____________
dt 1603854
;
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| 2005 |
Pooling and Servicing Agreement
Pooling and Servicing Agreement (663K)
Doc #1736460: Click preview link for longer preview.
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC.
Seller
COUNTRYWIDE HOME LOANS SERVICING LP
Servicer
and
WELLS FARGO BANK, N.A.
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of April 1, 2005
_________________________________________
Asset Backed Securities Corporation Home Equity Loan Trust, Series 2005-HE3
Asset Backed Pass-Through Certificates, Series 2005-HE3
Table of Contents
Page
ARTICLE I DEFINITIONS
SECTION 1.01.
Defined Terms.
3
SECTION 1.02.
Allocation of Certain Interest Shortfalls.
46
ARTICLE II CONVEYANCE OF MORTGAGE LOANS; . . .
1736460
|
DLJ Mortgage
As referenced in this Pooling and Servicing Agreement:
DLJ MORTGAGE CAPITAL, INC – Pooling and Servicing Agreement
EX-99.1 2 m204_ex99-1.htm POOLING AND SERVICING AGREEMENT
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC .
Seller
COUNTRYWIDE HOME LOANS SERVICING LP
Servicer
and
WELLS FARGO BANK, N.A.
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of April 1, 2005
_________________________________________
Asset Backed Securities
_____________
DLJ MORTGAGE CAPITAL, INC – 1
Mortgage Loan Schedule
Schedule 2
Prepayment Premium Schedule
This Pooling and Servicing Agreement, is dated and effective as of April 1, 2005, among ASSET BACKED SECURITIES CORPORATION, as Depositor, DLJ MORTGAGE CAPITAL, INC ., as Seller, COUNTRYWIDE HOME LOANS SERVICING LP, as Servicer and WELLS FARGO BANK, N.A., as Trustee.
PRELIMINARY STATEMENT:
The Depositor intends to sell pass-through certificates (collectively, the
_____________
DLJ Mortgage Capital, Inc – the Mortgage Loans so held being identified in the Mortgage Loan Schedule, including each REO Property unless the context otherwise requires.
Mortgage Loan Purchase Agreement: The agreement between WMC and DLJ Mortgage Capital, Inc ., regarding the sale of the Mortgage Loans by WMC to the Seller.
Mortgage Loan Schedule: As of any date, the list of Mortgage Loans included in the Trust Fund
_____________
DLJ Mortgage Capital, Inc – knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc., or its successor in interest.
Seller: DLJ Mortgage Capital, Inc ., or its successor in interest, in its capacity as seller.
Servicer: Countrywide Home Loans Servicing LP, or any successor servicer appointed as herein provided, in its capacity as servicer
_____________
DLJ MORTGAGE CAPITAL, INC – in each case as of the day and year first above written.
ASSET BACKED SECURITIES CORPORATION,
as Depositor
By: /s/ Gregory P. Richter
Name: Gregory P. Richter
Title: Vice President
DLJ MORTGAGE CAPITAL, INC .,
as Seller
By: /s/ Joseph C. Little
Name: Joseph C. Little
Title: Vice President
SAXON MORTGAGE SERVICES, INC.,
as Servicer
By: /s/ David L. Dill
Name: David L. Dill
_____________
dt 1540505
;
McGraw-Hill Companies
As referenced in this Pooling and Servicing Agreement:
McGraw-Hill Companies, Inc – to whom such matter is referred because of such officers knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc ., or its successor in interest.
Seller: DLJ Mortgage Capital, Inc., or its successor in interest, in its capacity as seller.
Servicer: Countrywide Home Loans Servicing LP, or any successor
_____________
McGraw-Hill Companies, Inc – Ratings, One State Street Plaza, New York, NY 10004, Attention: Asset Backed Securities Corporation Home Equity Loan Trust 2005-HE3, (iii) Standard & Poors Ratings Services, a division of the McGraw-Hill Companies, Inc . at 55 Water Street, 41st Floor, New York, NY 10041, Attention: Structured Finance Surveillance Group, and (iv) Credit Suisse First Boston International, One Cabot Square, London E14 4QJ, England,
_____________
dt 1518539
;
|
Fannie Mae
As referenced in this Pooling and Servicing Agreement:
Fannie Mae – in respect of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae : Fannie Mae, formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at
_____________
Fannie Mae – of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae , formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository
_____________
Federal National Mortgage Association – 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae, formerly known as Federal National Mortgage Association , or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository institutions lend balances at the Federal Reserve
_____________
Fannie Mae – determined by an appraisal made for the Originator of the Mortgage Loan at the time of origination of the Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac and (b) the value thereof as determined by a review appraisal conducted by the Originator in the event any such review appraisal determines an appraised value
_____________
Fannie Mae – an appraisal made for the Originator of such Refinanced Mortgage Loan at the time of origination of such Refinanced Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac and (2) the value thereof as determined by a review appraisal conducted by the Originator in the event any such review appraisal determines an appraised value
_____________
dt 1439097
;
ISDA
As referenced in this Pooling and Servicing Agreement:
ISDA – and after the Distribution Date in November 2007, zero.
Subgroup 1 Yield Maintenance Agreement: The interest rate yield maintenance agreement relating to the Subgroup 1 Certificates consisting of a 1992 ISDA Master Agreement (Multicurrency-Cross Border) and a Schedule dated as of the Closing Date and an ISDA Credit Support Annex (Bilateral Form-New York Law) and the related Confirmation
_____________
ISDA – yield maintenance agreement relating to the Subgroup 1 Certificates consisting of a 1992 ISDA Master Agreement (Multicurrency-Cross Border) and a Schedule dated as of the Closing Date and an ISDA Credit Support Annex (Bilateral Form-New York Law) and the related Confirmation thereto, between the Trustee on behalf of the Trust and the Counterparty, as such agreement may be
_____________
ISDA – and after the Distribution Date in November 2007, zero.
Subgroup 2 Yield Maintenance Agreement: The interest rate yield maintenance agreement relating to the Subgroup 2 Certificates consisting of a 1992 ISDA Master Agreement (Multicurrency-Cross Border) and a Schedule dated as of the Closing Date and an ISDA Credit Support Annex (Bilateral Form-New York Law) and the related Confirmation
_____________
ISDA – yield maintenance agreement relating to the Subgroup 2 Certificates consisting of a 1992 ISDA Master Agreement (Multicurrency-Cross Border) and a Schedule dated as of the Closing Date and an ISDA Credit Support Annex (Bilateral Form-New York Law) and the related Confirmation thereto, between the Trustee on behalf of the Trust and the Counterparty, as such agreement may be
_____________
ISDA – c) 100, and after the Distribution Date in November 2007, zero.
Subordinate Yield Maintenance Agreement: The interest rate yield maintenance agreement relating to the Mezzanine Certificates consisting of a 1992 ISDA Master Agreement (Multicurrency-Cross Border) and a Schedule dated as of the Closing Date and an ISDA Credit Support Annex (Bilateral Form-New York Law) and the related Confirmation
_____________
dt 1603855
;
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| 2003 |
Pooling and Servicing Agreement
Pooling and Servicing Agreement (514K)
Doc #1737377: Click preview link for longer preview.
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC.
Seller
THE PROVIDENT BANK
Servicer
and
U.S. BANK NATIONAL ASSOCIATION
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of August 1, 2003
_________________________________________
Asset Backed Securities Corporation Home Equity Loan Trust 2003-HE5
Asset Backed Pass-Through Certificates, Series 2003-HE5
Table of Contents
Page
ARTICLE I DEFINITIONS
SECTION 1.01.
Defined Terms.
3
SECTION 1.02.
Allocation of Certain Interest Shortfalls.
45
SECTION 1.03.
Designation of Interests in REMIC. . . .
1737377
|
DLJ Mortgage
As referenced in this Pooling and Servicing Agreement:
DLJ MORTGAGE CAPITAL, INC – Pooling and Servicing Agreement
EX-99 3 m17028psa.htm EXHIBIT 99.1 POOLING AND SERVICING AGREEMENT
Execution Copy
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC .
Seller
THE PROVIDENT BANK
Servicer
and
U.S. BANK NATIONAL ASSOCIATION
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of August 1, 2003
_________________________________________
Asset Backed Securities Corporation Home
_____________
DLJ MORTGAGE CAPITAL, INC – 1
Mortgage Loan Schedule
Schedule 2
Prepayment Premium Schedule
This Pooling and Servicing Agreement, is dated and effective as of August 1, 2003, among ASSET BACKED SECURITIES CORPORATION, as Depositor, DLJ MORTGAGE CAPITAL, INC ., as Seller, THE PROVIDENT BANK, as Servicer and U.S. BANK NATIONAL ASSOCIATION, as Trustee.
PRELIMINARY STATEMENT:
The Depositor intends to sell pass-through certificates (collectively, the Certificates), to
_____________
DLJ Mortgage Capital, Inc – identified in the Mortgage Loan Schedule, including each REO Property unless the context otherwise requires.
Mortgage Loan Purchase Agreement: Any one of the agreements among NC Capital, New Century and DLJ Mortgage Capital, Inc ., regarding the sale of the Mortgage Loans in Subgroup 1 or Subgroup 2 by NC Capital to the Seller or among the ABFS Originators, and DLJ Mortgage Capital, Inc.
_____________
DLJ Mortgage Capital, Inc – and DLJ Mortgage Capital, Inc., regarding the sale of the Mortgage Loans in Subgroup 1 or Subgroup 2 by NC Capital to the Seller or among the ABFS Originators, and DLJ Mortgage Capital, Inc . regarding the sale of the Mortgage Loans in Subgroup 3 by the ABFS Originators to the Seller.
Mortgage Loan Schedule: As of any date, the list of Mortgage Loans
_____________
DLJ Mortgage Capital, Inc – knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc., or its successor in interest.
Seller: DLJ Mortgage Capital, Inc ., or its successor in interest, in its capacity as seller.
Servicer: The Provident Bank, or any successor servicer appointed as herein provided, in its capacity as servicer hereunder.
Servicer
_____________
dt 1540506
;
McGraw-Hill Companies
As referenced in this Pooling and Servicing Agreement:
McGraw-Hill Companies, Inc – to whom such matter is referred because of such officers knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc ., or its successor in interest.
Seller: DLJ Mortgage Capital, Inc., or its successor in interest, in its capacity as seller.
Servicer: The Provident Bank, or any successor servicer appointed
_____________
McGraw-Hill Companies, Inc – One State Street Plaza, New York, NY 10004, Attention: Asset Backed Securities Corporation Home Equity Loan Trust 2003-HE5, and to Standard & Poors Ratings Services, a division of the McGraw-Hill Companies, Inc . at 55 Water Street, 41st Floor, New York, NY 10041, Attention: Structured Finance Surveillance Group, Credit Suisse First Boston International, One Cabot Square, London E14 4QJ, England, Attention: Head
_____________
dt 1518541
;
|
Fannie Mae
As referenced in this Pooling and Servicing Agreement:
Fannie Mae – in respect of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae : Fannie Mae, formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at
_____________
Fannie Mae – of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae , formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository
_____________
Federal National Mortgage Association – 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae, formerly known as Federal National Mortgage Association , or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository institutions lend balances at the Federal Reserve
_____________
Fannie Mae – determined by an appraisal made for the Originator of the Mortgage Loan at the time of origination of the Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac and (b) the value thereof as determined by a review appraisal conducted by the Originator in the event any such review appraisal determines an appraised value
_____________
Fannie Mae – an appraisal made for the originator of such Refinanced Mortgage Loan at the time of origination of such Refinanced Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac and (2) the value thereof as determined by a review appraisal conducted by the Originator in the event any such review appraisal determines an appraised value
_____________
dt 1439098
;
ISDA
As referenced in this Pooling and Servicing Agreement:
ISDA – among the Certificates of such Class in proportion to the outstanding Percentage Interests evidenced by their respective Certificates.
Yield Maintenance Agreement: The interest rate yield maintenance agreement consisting of the ISDA Master Agreement and the Schedule dated as of the Closing Date and the Confirmation thereto, between the Trustee on behalf of the Trust and the Counterparty, as such agreement
_____________
dt 1603856
;
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Full Doc
| 2006 |
Pooling and Servicing Agreement
Pooling and Servicing Agreement (566K)
Doc #1740245: Click preview link for longer preview.
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC.
Seller
OPTION ONE MORTGAGE CORPORATION
Servicer
MORTGAGERAMP, INC.,
Loan Performance Advisor
and
U.S. BANK NATIONAL ASSOCIATION
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of April 1, 2006
_________________________________________
Asset Backed Securities Corporation Home Equity Loan Trust, Series OOMC 2006-HE3
Asset Backed Pass-Through Certificates, Series OOMC 2006-HE3
Table of Contents
Page
ARTICLE I DEFINITIONS
3
SECTION 1.01.
Defined Terms.
3
SECTION 1.02.
Allocation of Certain . . .
1740245
|
DLJ Mortgage
As referenced in this Pooling and Servicing Agreement:
DLJ MORTGAGE CAPITAL, INC – Pooling and Servicing Agreement
EX-99.1 3 abscoomc2006he3psa8ka.htm POOLING & SERVICING AGREEMENT
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC .
Seller
OPTION ONE MORTGAGE CORPORATION
Servicer
MORTGAGERAMP, INC.,
Loan Performance Advisor
and
U.S. BANK NATIONAL ASSOCIATION
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of April 1, 2006
_____________
DLJ MORTGAGE CAPITAL, INC – 1
Mortgage Loan Schedule
Schedule 2
Prepayment Premium Schedule
This Pooling and Servicing Agreement, is dated and effective as of April 1, 2006, among ASSET BACKED SECURITIES CORPORATION, as Depositor, DLJ MORTGAGE CAPITAL, INC ., as Seller, OPTION ONE MORTGAGE CORPORATION, as Servicer, MORTGAGERAMP, INC., as Loan Performance Advisor, and U.S. BANK NATIONAL ASSOCIATION, as Trustee.
PRELIMINARY STATEMENT:
The Depositor intends to sell
_____________
DLJ Mortgage Capital, Inc – Trust Fund, the Mortgage Loans so held being identified in the Mortgage Loan Schedule, including each REO Property unless the context otherwise requires.
Mortgage Loan Purchase Agreement: The agreement among DLJ Mortgage Capital, Inc ., Option One Mortgage Corporation and its affiliates regarding the sale of the Mortgage Loans by Option One Mortgage Corporation and it affiliates to the Seller.
Mortgage Loan Schedule: As
_____________
DLJ Mortgage Capital, Inc – a division of The McGraw-Hill Companies, Inc., or its successor in interest.
Securities Act: means the Securities Act of 1933, as amended, and the rules and regulations thereunder.
Seller: DLJ Mortgage Capital, Inc ., or its successor in interest, in its capacity as seller.
Servicer: Option One Mortgage Corporation, or any successor servicer appointed as herein provided, in its capacity as servicer hereunder.
_____________
DLJ MORTGAGE CAPITAL, INC – in each case as of the day and year first above written.
ASSET BACKED SECURITIES CORPORATION,
as Depositor
By: /s/ Joseph C. Little
Name: Joseph C. Little
Title: Vice President
DLJ MORTGAGE CAPITAL, INC .,
as Seller
By: /s/ Joseph C. Little
Name: Joseph C. Little
Title: Vice President
OPTION ONE MORTGAGE CORPORATION,
as Servicer
By: /s/ Philip Laren
Name: Philip Laren
Title: Senior
_____________
dt 1540507
;
McGraw-Hill Companies
As referenced in this Pooling and Servicing Agreement:
McGraw-Hill Companies, Inc – to whom such matter is referred because of such officers knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc ., or its successor in interest.
Securities Act: means the Securities Act of 1933, as amended, and the rules and regulations thereunder.
Seller: DLJ Mortgage Capital, Inc., or its successor
_____________
McGraw-Hill Companies, Inc – One State Street Plaza, New York, NY 10004, Attention: Asset Backed Securities Corporation Home Equity Loan Trust OOMC 2006-HE3, to Standard & Poors Ratings Services, a division of the McGraw-Hill Companies, Inc . at 55 Water Street, 41st Floor, New York, NY 10041, Attention: Structured Finance Surveillance Group, and to the Swap Counterparty at Credit Suisse International, One Cabot Square, London E14
_____________
dt 1518709
;
|
Fannie Mae
As referenced in this Pooling and Servicing Agreement:
Fannie Mae – in respect of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae : Fannie Mae, formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at
_____________
Fannie Mae – of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae , formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository
_____________
Federal National Mortgage Association – 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae, formerly known as Federal National Mortgage Association , or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository institutions lend balances at the Federal Reserve
_____________
Fannie Mae – determined by an appraisal made for the Originator of the Mortgage Loan at the time of origination of the Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac, provided, however, that in accordance with the Originators underwriting guidelines, which value may be reduced to reflect the results of a review of such appraisal, and (
_____________
Fannie Mae – previously delivered to the Custodian by the Originator under the Mortgage Loan Purchase Agreement and the Reconstitution Agreement. Notwithstanding the foregoing, if applicable, any breach by the Originator of the Fannie Mae Representations or the Freddie Mac Representations (as defined and set forth in the Reconstitution Agreement), if applicable, shall be deemed to materially and adversely affect the interests of the
_____________
dt 1439249
;
ISDA
As referenced in this Pooling and Servicing Agreement:
ISDA – Mortgage Loan by a court of competent jurisdiction in a proceeding under the Bankruptcy Code, except such a reduction resulting from a Deficient Valuation.
Defaulting Party: As defined in the ISDA Master Agreement.
Deficient Valuation: With respect to any Mortgage Loan, a valuation of the related Mortgaged Property by a court of competent jurisdiction in an amount less than the
_____________
ISDA – the month in which such Distribution Date occurs and ending on the first day of the month in which such Distribution Date occurs.
Early Termination Date: As defined in the ISDA Master Agreement.
EDGAR: The Commissions Electronic Data Gathering and Retrieval System.
Eligible Account: Either (1) an account or accounts maintained with a federal or state-chartered Depository Institution or
_____________
ISDA – Period.
Interest Remittance Amount: With respect to any Distribution Date, the sum of the Subgroup 1 Interest Remittance Amount, Subgroup 2 Interest Remittance Amount and Subgroup 3 Interest Remittance Amount.
ISDA : International Swaps and Derivatives Association, Inc.
ISDA Master Agreement: An ISDA Master Agreement (Multicurrency-Cross Border) in the form published by ISDA in 1992 including the schedule thereto.
Late
_____________
International Swaps and Derivatives Association – Interest Remittance Amount: With respect to any Distribution Date, the sum of the Subgroup 1 Interest Remittance Amount, Subgroup 2 Interest Remittance Amount and Subgroup 3 Interest Remittance Amount.
ISDA: International Swaps and Derivatives Association , Inc.
ISDA Master Agreement: An ISDA Master Agreement (Multicurrency-Cross Border) in the form published by ISDA in 1992 including the schedule thereto.
Late Collections: With respect to any
_____________
ISDA – any Distribution Date, the sum of the Subgroup 1 Interest Remittance Amount, Subgroup 2 Interest Remittance Amount and Subgroup 3 Interest Remittance Amount.
ISDA: International Swaps and Derivatives Association, Inc.
ISDA Master Agreement: An ISDA Master Agreement (Multicurrency-Cross Border) in the form published by ISDA in 1992 including the schedule thereto.
Late Collections: With respect to any Mortgage Loan
_____________
dt 1602967
;
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Full Doc
| 2006 |
Pooling and Servicing Agreement
Pooling and Servicing Agreement (566K)
Doc #1740251: Click preview link for longer preview.
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC.
Seller
OPTION ONE MORTGAGE CORPORATION
Servicer
MORTGAGERAMP, INC.,
Loan Performance Advisor
and
U.S. BANK NATIONAL ASSOCIATION
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of April 1, 2006
_________________________________________
Asset Backed Securities Corporation Home Equity Loan Trust, Series OOMC 2006-HE3
Asset Backed Pass-Through Certificates, Series OOMC 2006-HE3
Table of Contents
Page
ARTICLE I DEFINITIONS
3
SECTION 1.01.
Defined Terms.
3
SECTION 1.02.
Allocation of . . .
1740251
|
DLJ Mortgage
As referenced in this Pooling and Servicing Agreement:
DLJ MORTGAGE CAPITAL, INC – m433_ABSC OOMC 2006-HE3 PSA
EX-99.1 2 m433abscoomc2006he3psa.htm POOLING & SERVICING AGREEMENT
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC .
Seller
OPTION ONE MORTGAGE CORPORATION
Servicer
MORTGAGERAMP, INC.,
Loan Performance Advisor
and
U.S. BANK NATIONAL ASSOCIATION
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of April 1, 2006
_____________
DLJ MORTGAGE CAPITAL, INC – 1
Mortgage Loan Schedule
Schedule 2
Prepayment Premium Schedule
This Pooling and Servicing Agreement, is dated and effective as of April 1, 2006, among ASSET BACKED SECURITIES CORPORATION, as Depositor, DLJ MORTGAGE CAPITAL, INC ., as Seller, OPTION ONE MORTGAGE CORPORATION, as Servicer, MORTGAGERAMP, INC., as Loan Performance Advisor, and U.S. BANK NATIONAL ASSOCIATION, as Trustee.
PRELIMINARY STATEMENT:
The Depositor intends to sell
_____________
DLJ Mortgage Capital, Inc – Trust Fund, the Mortgage Loans so held being identified in the Mortgage Loan Schedule, including each REO Property unless the context otherwise requires.
Mortgage Loan Purchase Agreement: The agreement among DLJ Mortgage Capital, Inc ., Option One Mortgage Corporation and its affiliates regarding the sale of the Mortgage Loans by Option One Mortgage Corporation and it affiliates to the Seller.
Mortgage Loan Schedule: As
_____________
DLJ Mortgage Capital, Inc – a division of The McGraw-Hill Companies, Inc., or its successor in interest.
Securities Act: means the Securities Act of 1933, as amended, and the rules and regulations thereunder.
Seller: DLJ Mortgage Capital, Inc ., or its successor in interest, in its capacity as seller.
Servicer: Option One Mortgage Corporation, or any successor servicer appointed as herein provided, in its capacity as servicer hereunder.
_____________
DLJ MORTGAGE CAPITAL, INC – authorized, in each case as of the day and year first above written.
ASSET BACKED SECURITIES CORPORATION,
as Depositor
By: /s/ Joseph C. Little
Name: Joseph C. Little
Title: VP
DLJ MORTGAGE CAPITAL, INC .,
as Seller
By: /s/ Joseph C. Little
Name: Joseph C. Little
Title: VP
OPTION ONE MORTGAGE CORPORATION,
as Servicer
By: /s/ Philip Laren
Name: Philip Laren
Title: Senor Vice
_____________
dt 1540508
;
McGraw-Hill Companies
As referenced in this Pooling and Servicing Agreement:
McGraw-Hill Companies, Inc – to whom such matter is referred because of such officers knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc ., or its successor in interest.
Securities Act: means the Securities Act of 1933, as amended, and the rules and regulations thereunder.
Seller: DLJ Mortgage Capital, Inc., or its successor
_____________
McGraw-Hill Companies, Inc – One State Street Plaza, New York, NY 10004, Attention: Asset Backed Securities Corporation Home Equity Loan Trust OOMC 2006-HE3, to Standard & Poors Ratings Services, a division of the McGraw-Hill Companies, Inc . at 55 Water Street, 41st Floor, New York, NY 10041, Attention: Structured Finance Surveillance Group, and to the Swap Counterparty at Credit Suisse International, One Cabot Square, London E14
_____________
dt 1518710
;
|
Fannie Mae
As referenced in this Pooling and Servicing Agreement:
Fannie Mae – in respect of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae : Fannie Mae, formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at
_____________
Fannie Mae – of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae , formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository
_____________
Federal National Mortgage Association – 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae, formerly known as Federal National Mortgage Association , or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository institutions lend balances at the Federal Reserve
_____________
Fannie Mae – determined by an appraisal made for the Originator of the Mortgage Loan at the time of origination of the Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac, provided, however, that in accordance with the Originators underwriting guidelines, which value may be reduced to reflect the results of a review of such appraisal, and (
_____________
Fannie Mae – previously delivered to the Custodian by the Originator under the Mortgage Loan Purchase Agreement and the Reconstitution Agreement. Notwithstanding the foregoing, if applicable, any breach by the Originator of the Fannie Mae Representations or the Freddie Mac Representations (as defined and set forth in the Reconstitution Agreement), if applicable, shall be deemed to materially and adversely affect the interests of the
_____________
dt 1439250
;
ISDA
As referenced in this Pooling and Servicing Agreement:
ISDA – Mortgage Loan by a court of competent jurisdiction in a proceeding under the Bankruptcy Code, except such a reduction resulting from a Deficient Valuation.
Defaulting Party: As defined in the ISDA Master Agreement.
Deficient Valuation: With respect to any Mortgage Loan, a valuation of the related Mortgaged Property by a court of competent jurisdiction in an amount less than the
_____________
ISDA – the month in which such Distribution Date occurs and ending on the first day of the month in which such Distribution Date occurs.
Early Termination Date: As defined in the ISDA Master Agreement.
EDGAR: The Commissions Electronic Data Gathering and Retrieval System.
Eligible Account: Either (1) an account or accounts maintained with a federal or state-chartered Depository Institution or
_____________
ISDA – Period.
Interest Remittance Amount: With respect to any Distribution Date, the sum of the Subgroup 1 Interest Remittance Amount, Subgroup 2 Interest Remittance Amount and Subgroup 3 Interest Remittance Amount.
ISDA : International Swaps and Derivatives Association, Inc.
ISDA Master Agreement: An ISDA Master Agreement (Multicurrency-Cross Border) in the form published by ISDA in 1992 including the schedule thereto.
Late
_____________
International Swaps and Derivatives Association – Interest Remittance Amount: With respect to any Distribution Date, the sum of the Subgroup 1 Interest Remittance Amount, Subgroup 2 Interest Remittance Amount and Subgroup 3 Interest Remittance Amount.
ISDA: International Swaps and Derivatives Association , Inc.
ISDA Master Agreement: An ISDA Master Agreement (Multicurrency-Cross Border) in the form published by ISDA in 1992 including the schedule thereto.
Late Collections: With respect to any
_____________
ISDA – any Distribution Date, the sum of the Subgroup 1 Interest Remittance Amount, Subgroup 2 Interest Remittance Amount and Subgroup 3 Interest Remittance Amount.
ISDA: International Swaps and Derivatives Association, Inc.
ISDA Master Agreement: An ISDA Master Agreement (Multicurrency-Cross Border) in the form published by ISDA in 1992 including the schedule thereto.
Late Collections: With respect to any Mortgage Loan
_____________
dt 1602968
;
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| 2006 |
Pooling and Servicing Agreement
Pooling and Servicing Agreement (707K)
Doc #1740261: Click preview link for longer preview.
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC.
Seller
HOMEQ SERVICING CORPORATION
Servicer
MORTGAGERAMP, INC.,
Loan Performance Advisor
and
U.S. BANK NATIONAL ASSOCIATION
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of March 1, 2006
_________________________________________
Asset Backed Securities Corporation Home Equity Loan Trust, Series NC 2006-HE2
Asset Backed Pass-Through Certificates, Series NC 2006-HE2
Table of Contents
Page
ARTICLE I DEFINITIONS
3
SECTION 1.01.
Defined Terms.
3
SECTION 1.02.
Allocation of Certain Interest . . .
1740261
|
DLJ Mortgage
As referenced in this Pooling and Servicing Agreement:
DLJ MORTGAGE CAPITAL, INC – ASSET BACKED SECURITIES CORPORATION
EX-99.1 2 m331ex991.htm PSA
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC .
Seller
HOMEQ SERVICING CORPORATION
Servicer
MORTGAGERAMP, INC.,
Loan Performance Advisor
and
U.S. BANK NATIONAL ASSOCIATION
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of March 1, 2006
_________________________________________
_____________
DLJ MORTGAGE CAPITAL, INC – 1
Mortgage Loan Schedule
Schedule 2
Prepayment Premium Schedule
This Pooling and Servicing Agreement, is dated and effective as of March 1, 2006, among ASSET BACKED SECURITIES CORPORATION, as Depositor, DLJ MORTGAGE CAPITAL, INC ., as Seller, HOMEQ SERVICING CORPORATION, as Servicer, MORTGAGERAMP, INC., as Loan Performance Advisor, and U.S. BANK NATIONAL ASSOCIATION, as Trustee.
PRELIMINARY STATEMENT:
The Depositor intends to sell pass-
_____________
DLJ Mortgage Capital, Inc – so held being identified in the Mortgage Loan Schedule, including each REO Property unless the context otherwise requires.
Mortgage Loan Purchase Agreement: The agreement among NC Capital, New Century and DLJ Mortgage Capital, Inc ., regarding the sale of the Mortgage Loans by NC Capital to the Seller.
Mortgage Loan Schedule: As of any date, the list of Mortgage Loans included in the Trust
_____________
DLJ Mortgage Capital, Inc – a division of The McGraw-Hill Companies, Inc., or its successor in interest.
Securities Act: means the Securities Act of 1933, as amended, and the rules and regulations thereunder.
Seller: DLJ Mortgage Capital, Inc ., or its successor in interest, in its capacity as seller.
Sequential Trigger Event: With respect to any Distribution Date (i) from the April 2006 Distribution Date through the March
_____________
DLJ MORTGAGE CAPITAL, INC – duly authorized, in each case as of the day and year first above written.
ASSET BACKED SECURITIES CORPORATION,
as Depositor
By: /s/ Joseph Little
Name: Joseph Little
Title: Vice President
DLJ MORTGAGE CAPITAL, INC .,
as Seller
By: /s/ Joseph Little
Name: Joseph Little
Title: Vice President
HOMEQ SERVICING CORPORATION,
as Servicer
By: /s/ Arthur Lyon
Name: Arthur Lyon
Title: President
MORTGAGERAMP, INC., as
_____________
dt 1540509
;
McGraw-Hill Companies
As referenced in this Pooling and Servicing Agreement:
McGraw-Hill Companies, Inc – to whom such matter is referred because of such officers knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc ., or its successor in interest.
Securities Act: means the Securities Act of 1933, as amended, and the rules and regulations thereunder.
Seller: DLJ Mortgage Capital, Inc., or its successor
_____________
McGraw-Hill Companies, Inc – One State Street Plaza, New York, NY 10004, Attention: Asset Backed Securities Corporation Home Equity Loan Trust NC 2006-HE2, to Standard & Poors Ratings Services, a division of the McGraw-Hill Companies, Inc . at 55 Water Street, 41st Floor, New York, NY 10041, Attention: Structured Finance Surveillance Group, and to the Swap Counterparty at Credit Suisse International, One Cabot Square, London E14
_____________
dt 1518711
;
|
Fannie Mae
As referenced in this Pooling and Servicing Agreement:
Fannie Mae – in respect of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae : Fannie Mae, formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at
_____________
Fannie Mae – of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae , formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository
_____________
Federal National Mortgage Association – 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae, formerly known as Federal National Mortgage Association , or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository institutions lend balances at the Federal Reserve
_____________
Fannie Mae – determined by an appraisal made for the Originator of the Mortgage Loan at the time of origination of the Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac and (b) the value thereof as determined by a review appraisal conducted by the Originator in the event any such review appraisal determines an appraised value
_____________
Fannie Mae – an appraisal made for the Originator of such Refinanced Mortgage Loan at the time of origination of such Refinanced Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac and (2) the value thereof as determined by a review appraisal conducted by the Originator in the event any such review appraisal determines an appraised value
_____________
dt 1439251
;
ISDA
As referenced in this Pooling and Servicing Agreement:
ISDA – Mortgage Loan by a court of competent jurisdiction in a proceeding under the Bankruptcy Code, except such a reduction resulting from a Deficient Valuation.
Defaulting Party: As defined in the ISDA Master Agreement.
Deficient Valuation: With respect to any Mortgage Loan, a valuation of the related Mortgaged Property by a court of competent jurisdiction in an amount less than the
_____________
ISDA – the month in which such Distribution Date occurs and ending on the first day of the month in which such Distribution Date occurs.
Early Termination Date: As defined in the ISDA Master Agreement.
EDGAR: The Commissions Electronic Data Gathering and Retrieval System.
Eligible Account: Either (1) an account or accounts maintained with a federal or state-chartered Depository Institution or
_____________
ISDA – commencement of such Interest Accrual Period.
Interest Remittance Amount: With respect to any Distribution Date, the sum of the Subgroup 1 Interest Remittance Amount and Subgroup 2 Interest Remittance Amount.
ISDA : International Swaps and Derivatives Association, Inc.
ISDA Master Agreement: An ISDA Master Agreement (Multicurrency-Cross Border) in the form published by ISDA in 1992 including the schedule thereto.
Late
_____________
International Swaps and Derivatives Association – of such Interest Accrual Period.
Interest Remittance Amount: With respect to any Distribution Date, the sum of the Subgroup 1 Interest Remittance Amount and Subgroup 2 Interest Remittance Amount.
ISDA: International Swaps and Derivatives Association , Inc.
ISDA Master Agreement: An ISDA Master Agreement (Multicurrency-Cross Border) in the form published by ISDA in 1992 including the schedule thereto.
Late Collections: With respect to any
_____________
ISDA – Remittance Amount: With respect to any Distribution Date, the sum of the Subgroup 1 Interest Remittance Amount and Subgroup 2 Interest Remittance Amount.
ISDA: International Swaps and Derivatives Association, Inc.
ISDA Master Agreement: An ISDA Master Agreement (Multicurrency-Cross Border) in the form published by ISDA in 1992 including the schedule thereto.
Late Collections: With respect to any Mortgage Loan
_____________
dt 1602969
;
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| 2002 |
Pooling and Servicing Agreement
Pooling and Servicing Agreement (776K)
Doc #1740453: Click preview link for longer preview.
ASSET BACKED SECURITIES CORPORATION
Depositor
LONG BEACH MORTGAGE COMPANY
Servicer
FEDERAL NATIONAL MORTGAGE ASSOCIATION
Guarantor
(with respect to the Class I-A Certificates and the Class I-AIO Certificates)
and
U.S. BANK NATIONAL ASSOCIATION
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of October 1, 2002
_________________________________________
Asset Backed Securities Corporation Home Equity Loan Trust 2002-HE3
Asset Backed Pass-Through Certificates, Series 2002-HE3
Table of Contents
Page
ARTICLE I DEFINITIONS
SECTION 1.01.
Defined Terms. . . .
1740453
|
DLJ Mortgage
As referenced in this Pooling and Servicing Agreement:
DLJ Mortgage Capital, Inc – knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc., or its successor in interest.
Seller: DLJ Mortgage Capital, Inc ., or its successor in interest, in its capacity as seller.
Servicer: Long Beach, or any successor servicer appointed as herein provided, in its capacity as servicer hereunder.
Servicer Event
_____________
dt 1540510
;
McGraw-Hill Companies
As referenced in this Pooling and Servicing Agreement:
McGraw-Hill Companies, Inc – to whom such matter is referred because of such officers knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc ., or its successor in interest.
Seller: DLJ Mortgage Capital, Inc., or its successor in interest, in its capacity as seller.
Servicer: Long Beach, or any successor servicer appointed as
_____________
McGraw-Hill Companies, Inc – Fitch, Inc., One State Street Plaza, New York, NY 10004, Attention: Asset Backed Securities Corporation Home Equity Loan Trust 2002-HE3, Standard & Poors Ratings Services, a division of the McGraw-Hill Companies, Inc . at 55 Water Street, 41st Floor, New York, NY 10041, Attention: Structured Finance Surveillance Group and to the Guarantor at the address provided in Section 11.05, or such
_____________
dt 1518713
;
|
Fannie Mae
As referenced in this Pooling and Servicing Agreement:
FEDERAL NATIONAL MORTGAGE ASSOCIATION – Pooling and Servicing Agreement
EX-99 3 m4295m4387.htm EXHIBIT 99.1
Execution Copy
ASSET BACKED SECURITIES CORPORATION
Depositor
LONG BEACH MORTGAGE COMPANY
Servicer
FEDERAL NATIONAL MORTGAGE ASSOCIATION
Guarantor
(with respect to the Class I-A Certificates and the Class I-AIO Certificates)
and
U.S. BANK NATIONAL ASSOCIATION
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as
_____________
Fannie Mae – P&I Advances.
114
SECTION 4.04.
Allocation of Realized Losses.
116
SECTION 4.05.
Compliance with Withholding Requirements.
117
SECTION 4.06.
Commission Reporting.
117
SECTION 4.07.
Fannie Mae Guaranty.
117
ARTICLE V THE CERTIFICATES
SECTION 5.01.
The Certificates.
118
SECTION 5.02.
Registration of Transfer and Exchange of Certificates.
120
SECTION 5.03.
Mutilated, Destroyed, Lost
_____________
FEDERAL NATIONAL MORTGAGE ASSOCIATION – Pooling and Servicing Agreement, is dated and effective as of October 1, 2002, among ASSET BACKED SECURITIES CORPORATION, as depositor, (the Depositor), LONG BEACH MORTGAGE COMPANY, as servicer (the Servicer), FEDERAL NATIONAL MORTGAGE ASSOCIATION (Fannie Mae), as guarantor of the Class I-A and Class I-AIO Certificates (the Guarantor) and U.S. BANK NATIONAL ASSOCIATION, as trustee (the Trustee).
PRELIMINARY STATEMENT:
The
_____________
Fannie Mae – is dated and effective as of October 1, 2002, among ASSET BACKED SECURITIES CORPORATION, as depositor, (the Depositor), LONG BEACH MORTGAGE COMPANY, as servicer (the Servicer), FEDERAL NATIONAL MORTGAGE ASSOCIATION (Fannie Mae ), as guarantor of the Class I-A and Class I-AIO Certificates (the Guarantor) and U.S. BANK NATIONAL ASSOCIATION, as trustee (the Trustee).
PRELIMINARY STATEMENT:
The Depositor intends
_____________
Fannie Mae – any amount payable to the Custodian pursuant to the Custodial Agreement (including, but not limited to, amounts owed the Custodian under Sections 10, 11 and 26 of the Custodial Agreement).
Fannie Mae : Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository institutions lend balances
_____________
dt 1439252
;
 Barclays Bank
As referenced in this Pooling and Servicing Agreement:
Barclays Bank PLC, – Distribution Date. Notwithstanding the foregoing, for the first Distribution Date, the holder of record of the Class X Certificates is Credit Suisse First Boston Corporation.
Reference Banks: Bankers Trust Company, Barclays Bank PLC, The Tokyo Mitsubishi Bank and National Westminster Bank PLC and their successors in interest; provided, however, that if any of the foregoing banks are not able to serve as
_____________
dt 1403306
;
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| 2004 |
Pooling and Servicing Agreement
Pooling and Servicing Agreement (492K)
Doc #1740455: Click preview link for longer preview.
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC.
Seller
THE PROVIDENT BANK
Servicer
and
U.S. BANK NATIONAL ASSOCIATION
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of December 1, 2003
_________________________________________
Asset Backed Securities Corporation Home Equity Loan Trust 2003-HE7
Asset Backed Pass-Through Certificates, Series 2003-HE7
Table of Contents
ARTICLE I
DEFINITIONS
SECTION 1.01.
Defined Terms.
3
SECTION 1.02.
Allocation of Certain Interest Shortfalls.
44
SECTION 1.03.
Designation of Interests in REMIC.
45
ARTICLE . . .
1740455
|
DLJ Mortgage
As referenced in this Pooling and Servicing Agreement:
DLJ MORTGAGE CAPITAL, INC – Pooling and Servicing Agreement
EX-99 3 m21750psalj.htm EXHIBIT 99.1 POOLING AND SERVICING AGREEMENT
Execution Copy
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC .
Seller
THE PROVIDENT BANK
Servicer
and
U.S. BANK NATIONAL ASSOCIATION
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of December 1, 2003
_________________________________________
Asset Backed Securities Corporation Home
_____________
DLJ MORTGAGE CAPITAL, INC – 1
Mortgage Loan Schedule
Schedule 2
Prepayment Premium Schedule
This Pooling and Servicing Agreement, is dated and effective as of December 1, 2003, among ASSET BACKED SECURITIES CORPORATION, as Depositor, DLJ MORTGAGE CAPITAL, INC ., as Seller, THE PROVIDENT BANK, as Servicer and U.S. BANK NATIONAL ASSOCIATION, as Trustee.
PRELIMINARY STATEMENT:
The Depositor intends to sell pass-through certificates (collectively, the Certificates), to
_____________
DLJ Mortgage Capital, Inc – in the Mortgage Loan Schedule, including each REO Property unless the context otherwise requires.
Mortgage Loan Purchase Agreement: The agreement, dated October 30, 2004, among NC Capital, New Century and DLJ Mortgage Capital, Inc ., regarding the sale of the Mortgage Loans by NC Capital to the Seller.
Mortgage Loan Schedule: As of any date, the list of Mortgage Loans included in the Trust
_____________
DLJ Mortgage Capital, Inc – knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc., or its successor in interest.
Seller: DLJ Mortgage Capital, Inc ., or its successor in interest, in its capacity as seller.
Servicer: The Provident Bank, or any successor servicer appointed as herein provided, in its capacity as servicer hereunder.
Servicer
_____________
DLJ MORTGAGE CAPITAL, INC – duly authorized, in each case as of the day and year first above written.
ASSET BACKED SECURITIES CORPORATION,
as Depositor
By: /s/ Greg Richter_
Name: Greg Richter
Title: Vice President
DLJ MORTGAGE CAPITAL, INC .,
as Seller
By:__/s/ Joseph Little_
Name: Joseph Little
Title: Vice President
THE PROVIDENT BANK,
as Servicer
By:__/s/ David M. Friedman_
Name: David M. Friedman
Title:
_____________
dt 1540511
;
McGraw-Hill Companies
As referenced in this Pooling and Servicing Agreement:
McGraw-Hill Companies, Inc – to whom such matter is referred because of such officers knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc ., or its successor in interest.
Seller: DLJ Mortgage Capital, Inc., or its successor in interest, in its capacity as seller.
Servicer: The Provident Bank, or any successor servicer appointed
_____________
McGraw-Hill Companies, Inc – One State Street Plaza, New York, NY 10004, Attention: Asset Backed Securities Corporation Home Equity Loan Trust 2003-HE7, and to Standard & Poors Ratings Services, a division of the McGraw-Hill Companies, Inc . at 55 Water Street, 41st Floor, New York, NY 10041, Attention: Structured Finance Surveillance Group, Credit Suisse First Boston International, One Cabot Square, London E14 4QJ, England, Attention: Head
_____________
dt 1518714
;
|
Fannie Mae
As referenced in this Pooling and Servicing Agreement:
Fannie Mae – in respect of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae : Fannie Mae, formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at
_____________
Fannie Mae – of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae , formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository
_____________
Federal National Mortgage Association – 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae, formerly known as Federal National Mortgage Association , or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository institutions lend balances at the Federal Reserve
_____________
Fannie Mae – determined by an appraisal made for the Originator of the Mortgage Loan at the time of origination of the Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac and (b) the value thereof as determined by a review appraisal conducted by the Servicer in the event any such review appraisal determines an appraised value
_____________
Fannie Mae – an appraisal made for the originator of such Refinanced Mortgage Loan at the time of origination of such Refinanced Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac and (ii) the value thereof as determined by a review appraisal conducted by the Servicer in the event any such review appraisal determines an appraised value
_____________
dt 1439253
;
ISDA
As referenced in this Pooling and Servicing Agreement:
ISDA – among the Certificates of such Class in proportion to the outstanding Percentage Interests evidenced by their respective Certificates.
Yield Maintenance Agreement: The interest rate yield maintenance agreement consisting of the ISDA Master Agreement and the Schedule dated as of the Closing Date and the Confirmation thereto, between the Trustee on behalf of the Trust and the Counterparty, as such agreement
_____________
dt 1603871
;
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Full Doc
| 2003 |
Pooling and Servicing Agreement
Pooling and Servicing Agreement (493K)
Doc #1740460: Click preview link for longer preview.
Execution
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC.
Seller
THE PROVIDENT BANK
Servicer
and
U.S. BANK NATIONAL ASSOCIATION
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of December 1, 2003
_________________________________________
Asset Backed Securities Corporation Home Equity Loan Trust 2003-HE7
Asset Backed Pass-Through Certificates, Series 2003-HE7
Table of Contents
Page
ARTICLE I DEFINITIONS
SECTION 1.01.
Defined Terms.
3
SECTION 1.02.
Allocation of Certain Interest Shortfalls.
43
SECTION 1.03.
Designation of . . .
1740460
|
DLJ Mortgage
As referenced in this Pooling and Servicing Agreement:
DLJ MORTGAGE CAPITAL, INC – Pooling and Servicing Agreement
EX-99 3 f21750psa.htm EXHIBIT 99.1 POOLING AND SERVICING AGREEMENT
Execution
ASSET BACKED SECURITIES CORPORATION
Depositor
DLJ MORTGAGE CAPITAL, INC .
Seller
THE PROVIDENT BANK
Servicer
and
U.S. BANK NATIONAL ASSOCIATION
Trustee
_________________________________________
POOLING AND SERVICING AGREEMENT
Dated as of December 1, 2003
_________________________________________
Asset Backed Securities Corporation Home
_____________
DLJ MORTGAGE CAPITAL, INC – 1
Mortgage Loan Schedule
Schedule 2
Prepayment Premium Schedule
This Pooling and Servicing Agreement, is dated and effective as of December 1, 2003, among ASSET BACKED SECURITIES CORPORATION, as Depositor, DLJ MORTGAGE CAPITAL, INC ., as Seller, THE PROVIDENT BANK, as Servicer and U.S. BANK NATIONAL ASSOCIATION, as Trustee.
PRELIMINARY STATEMENT:
The Depositor intends to sell pass-through certificates (collectively, the Certificates), to
_____________
DLJ Mortgage Capital, Inc – so held being identified in the Mortgage Loan Schedule, including each REO Property unless the context otherwise requires.
Mortgage Loan Purchase Agreement: The agreement among NC Capital, New Century and DLJ Mortgage Capital, Inc ., regarding the sale of the Mortgage Loans by NC Capital to the Seller.
Mortgage Loan Schedule: As of any date, the list of Mortgage Loans included in the Trust
_____________
DLJ Mortgage Capital, Inc – knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc., or its successor in interest.
Seller: DLJ Mortgage Capital, Inc ., or its successor in interest, in its capacity as seller.
Servicer: The Provident Bank, or any successor servicer appointed as herein provided, in its capacity as servicer hereunder.
Servicer
_____________
DLJ MORTGAGE CAPITAL, INC – in each case as of the day and year first above written.
ASSET BACKED SECURITIES CORPORATION,
as Depositor
By: /s/ Gregory P. Richter
Name: Gregory P. Richter
Title: Vice President
DLJ MORTGAGE CAPITAL, INC .,
as Seller
By: /s/ Joseph C. Little
Name: Joseph C. Little
Title: Vice President
THE PROVIDENT BANK,
as Servicer
By: /s/ David M. Friedman
Name: David M. Friedman
Title:
_____________
dt 1540512
;
McGraw-Hill Companies
As referenced in this Pooling and Servicing Agreement:
McGraw-Hill Companies, Inc – to whom such matter is referred because of such officers knowledge of and familiarity with the particular subject.
S&P: Standard and Poors Ratings Services, a division of The McGraw-Hill Companies, Inc ., or its successor in interest.
Seller: DLJ Mortgage Capital, Inc., or its successor in interest, in its capacity as seller.
Servicer: The Provident Bank, or any successor servicer appointed
_____________
McGraw-Hill Companies, Inc – One State Street Plaza, New York, NY 10004, Attention: Asset Backed Securities Corporation Home Equity Loan Trust 2003-HE7, and to Standard & Poors Ratings Services, a division of the McGraw-Hill Companies, Inc . at 55 Water Street, 41st Floor, New York, NY 10041, Attention: Structured Finance Surveillance Group, Credit Suisse First Boston International, One Cabot Square, London E14 4QJ, England, Attention: Head
_____________
dt 1518715
;
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Fannie Mae
As referenced in this Pooling and Servicing Agreement:
Fannie Mae – in respect of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae : Fannie Mae, formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at
_____________
Fannie Mae – of taxes pursuant to Section 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae , formerly known as Federal National Mortgage Association, or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository
_____________
Federal National Mortgage Association – 10.01(g)(iii), any amounts payable from the Distribution Account in respect of any REMIC administration pursuant to Section 10.01(c).
Fannie Mae: Fannie Mae, formerly known as Federal National Mortgage Association , or any successor thereto.
FDIC: Federal Deposit Insurance Corporation or any successor thereto.
Federal Funds Rate: The interest rate at which depository institutions lend balances at the Federal Reserve
_____________
Fannie Mae – determined by an appraisal made for the Originator of the Mortgage Loan at the time of origination of the Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac and (b) the value thereof as determined by a review appraisal conducted by the Originator in the event any such review appraisal determines an appraised value
_____________
Fannie Mae – an appraisal made for the originator of such Refinanced Mortgage Loan at the time of origination of such Refinanced Mortgage Loan by an appraiser who met the minimum requirements of Fannie Mae and Freddie Mac and (2) the value thereof as determined by a review appraisal conducted by the Originator in the event any such review appraisal determines an appraised value
_____________
dt 1439254
;
ISDA
As referenced in this Pooling and Servicing Agreement:
ISDA – among the Certificates of such Class in proportion to the outstanding Percentage Interests evidenced by their respective Certificates.
Yield Maintenance Agreement: The interest rate yield maintenance agreement consisting of the ISDA Master Agreement and the Schedule dated as of the Closing Date and the Confirmation thereto, between the Trustee on behalf of the Trust and the Counterparty, as such agreement
_____________
dt 1603872
;
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