Attached files
file | filename |
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10-K - FORM 10-K - Volkswagen Auto Lease Trust 2010-A | k50248e10vk.htm |
EX-34.1 - EX-34.1 - Volkswagen Auto Lease Trust 2010-A | k50248exv34w1.htm |
EX-31 - EX-31 - Volkswagen Auto Lease Trust 2010-A | k50248exv31.htm |
EX-34.2 - EX-34.2 - Volkswagen Auto Lease Trust 2010-A | k50248exv34w2.htm |
EX-33.1 - EX-33.1 - Volkswagen Auto Lease Trust 2010-A | k50248exv33w1.htm |
EX-35.1 - EX-35.1 - Volkswagen Auto Lease Trust 2010-A | k50248exv35w1.htm |
Exhibit 33.2
MANAGEMENTS ASSERTION OF COMPLIANCE
Management of the Trust & Securities Services department of Deutsche Bank National Trust Company
and Deutsche Bank Trust Company Americas (collectively the Company) is responsible for assessing
the servicing criteria set forth in Item 1122(d) of Regulation AB promulgated by the Securities and
Exchange Commission to determine which criteria are applicable to the Company in respect of the
servicing platform described below. Management has determined that the servicing criteria are
applicable in regard to the servicing platform for the period as follows:
Platform: Publicly-issued (i.e., transaction-level reporting required under the Securities
Exchange Act of 1934, as amended) residential mortgage-backed securities, commercial
mortgage-backed securities and other asset-backed securities issued on or after January 1, 2006
for which the Company provides trustee, securities administration, paying agent or custodian
services, as defined in the transaction agreements, excluding publicly-issued securities sponsored
or issued by any government sponsored entity (the Platform).
Applicable Servicing Criteria: All servicing criteria set forth in Item 1122(d), except
for the following criteria: 1122(d)(2)(iii), 1122(d)(4)(iv), 1122(d)(4)(v), 1122(d)(4)(vi),
1122(d)(4)(vii), 1122(d)(4)(viii), 1122(d)(4)(ix), 1122(d)(4)(x), 1122(d)(4)(xi), 1122(d)(4)(xii),
1122(d)(4)(xiii) and 1122(d)(4)(xiv), which management has determined are not applicable to the
activities the Company performs with respect to the Platform (the Applicable Servicing Criteria).
With respect to applicable servicing criterion 1122(d)(1)(iii), there were no activities performed
during the year ended December 31, 2010 with respect to the Platform, because there were no
occurrences of events that would require the Company to perform such activities.
Period: Year ended December 31, 2010 (the Period).
Managements interpretation of Applicable Servicing Criteria: The Companys management has
determined that servicing criteria 1122(d)(1)(iii) is applicable only with respect to its
continuing obligation to act as, or locate a, successor servicer under the circumstances referred
to in certain governing documents. It is managements interpretation that the Company has no other
active back-up servicing responsibilities in regards to 1122(d)(1)(iii) as of and for the Period.
The Companys management has determined that servicing criterion 1122(d)(4)(iii) is applicable to
the activities the Company performs with respect to the Platform only as it relates to the
Companys obligation to report additions, removals or substitutions on reports to investors in
accordance with the transactions agreements.
Third parties classified as vendors: With respect to servicing criteria 1122(d)(2)(i),
1122(d)(4)(i), and 1122(d)(4)(ii), management has engaged various vendors to perform the activities
required by these servicing criteria. The Companys management has determined that none of these
vendors is considered a servicer as defined in Item 1101(j) of Regulation AB, and the Companys
management has elected to take responsibility for assessing compliance with 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).
Management has policies and procedures in place designed to provide reasonable assurance that the
vendors activities comply in all material respects with the servicing criteria applicable to each
vendor. The Companys management 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 Companys management provides the following
assertion of compliance with respect to the Applicable Servicing Criteria:
1. The Companys management is responsible for assessing the Companys compliance with the
Applicable Servicing Criteria as of and for the Period.
2. The Companys management has assessed compliance with the Applicable Servicing Criteria as of
and for the Period, including servicing criteria for which compliance is determined based on
Interpretation 17.06 as described above. 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, an independent registered public accounting firm, has issued an attestation report with
respect to the Companys compliance with the Applicable Servicing Criteria as of and for the
Period.
DEUTSCHE BANK NATIONAL TRUST COMPANY |
||||
By: | /s/ Gary R. Vaughan | |||
Name: | Gary R. Vaughan | |||
Its: Managing Director | ||||
By: | /s/ David Co | |||
Name: | David Co | |||
Its: Director | ||||
By: | /s/ Matt Bowen | |||
Name: | Matt Bowen | |||
Its: Director | ||||
By: | /s/ Kevin Fischer | |||
Name: | Kevin Fischer | |||
Its: Director | ||||
By: | /s/ Robert Frier | |||
Name: | Robert Frier | |||
Its: Director | ||||
DEUTSCHE BANK TRUST COMPANY AMERICAS |
||||
By: | /s/ Kevin C. Weeks | |||
Name: | Kevin C Weeks | |||
Its: Managing Director | ||||
By: | /s/ Jenna Kaufman | |||
Name: | Jenna Kaufman | |||
Its: Director | ||||
Dated: February 25, 2011