Attached files
Exhibit 33.2
Corporate Trust Services MAC N2702-011 9062 Old Annapolis Road Columbia, MD 21045 410 884-2000 |
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Wells Fargo Bank, N.A. |
ASSESSMENT OF COMPLIANCE WITH THE APPLICABLE SERVICING CRITERIA
Corporate Trust Services division of Wells Fargo Bank, National Association (the Company) is
responsible for assessing compliance with the servicing criteria set forth in Item 1122(d) of
Regulation AB promulgated by the Securities and Exchange Commission. The Company has
determined that the servicing criteria are applicable in regards to the servicing platform for
the period as follows:
Platform: Publicly-issued (i.e., transaction-level reporting initially required
under the Securities Exchange Act of 1934, as amended) residential mortgage-backed securities,
commercial mortgage-backed securities and other asset-backed securities, for which the Company
provides master servicing, trustee, securities administration or paying agent services, exduding
any publicly issued transactions issued by any agency or instrumentality of the U.S. government or
any government sponsored entity, and further excluding the transactions issued prior to 2006 for
which Wells Fargo outsources all material servicing activities (as defined by Regulation AB) (the
Platform).
Applicable Servicing Criteria: All servicing criteria set forth in Item 1122(d),
to the extent required in the related transaction agreements, or required by the Item 1122(d)
servicing criteria in regards to the activities performed by the Company, except for the following
criteria 1122(d)(4)(ii), 1122(d)(4)(iv), 1122(d)(4)(v), 1122(d)(4)(viii), 1122(d)(4)(ix),
1122(d)(4)(x), 1122(d)(4)(xi), 1122(d)(4)(xii) and 1122(d)(4)(xiii), which Management has
determined are not applicable to the activities the Company performs with respect to the Platform
(the Applicable Servicing Criteria).
Period: As of and for the twelve months ended December 31, 2009 (the Period).
Third parties classified as vendors: With respect to servicing criteria
1122(d)(4)(i), the Company has engaged various vendors to handle certain Uniform Commercial Code
filing functions required by the servicing criteria (vendors). The Company has determined that
none of these vendors are a services as defined in Item 1101(j) of Regulation AB, and the
Company elects to take responsibility for assessing compliance with the portion of the servicing
criteria applicable to each vendor as permitted by Interpretation 17.06 of the SEC Division of
Corporation Finance Manual of Publicly Available Telephone Interpretations (Interpretation
17.06). The Company has policies and procedures in place to provide reasonable assurance that the
vendors activities comply in all material respects with the servicing criteria applicable to each
vendor. The Company is solely responsible for determining that it meets the SEC requirements to
apply Interpretation 17.06 for the vendors and related criteria.
With respect to the Platform and the Period, the Company provides the following
assessment of compliance with respect to the Applicable Servicing Criteria:
1. The Company is responsible for assessing its compliance with the Applicable Servicing Criteria.
2. The Company has assessed compliance with the Applicable Servicing Criteria, including
servicing criteria for which compliance is determined based on Interpretation 17.06 as described
above, as of and for the Period. In performing this assessment, management used the criteria set
forth by the Securities and Exchange Commission in paragraph (d) of Item 1122 of Regulation AB.
3. Based on such assessment as of and for the Period, the Company has complied, in all
material respects with the applicable servicing criteria.
KPMG LLP, a registered public accounting firm, has issued an attestation report
with respect to the Companys assessment of compliance as of and for the Period.
WELLS FARGO BANK, National Association |
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/s/ Brian Bartlett | ||||
Brian Bartlett | ||||
Its: Executive Vice President Dated: February 22, 2010 |