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8-K - CURRENT REPORT - SLM Student Loan Trust 2004-10sl20121011-8k_200410.htm

 
EXHIBIT 99.1

ANNEX A

THE TRUST STUDENT LOAN POOL

The trust student loans owned by the trust were originally selected from a portfolio of consolidation student loans owned by SLM ECFC and VG Funding by employing several criteria, including requirements that each trust student loan as of the original cutoff date (and with respect to each additional trust student loan as of its related subsequent cutoff date):
 
·  
was a consolidation loan guaranteed as to principal and interest by a guaranty agency under a guarantee agreement and the guaranty agency was, in turn, reinsured by the Department of Education in accordance with the FFELP;
 
·  
contained terms in accordance with those required by the FFELP, the guarantee agreements and other applicable requirements;
 
·  
was fully disbursed;
 
·  
was not more than 210 days past due;
 
·  
did not have a borrower who was noted in the related records of the servicer as being currently involved in a bankruptcy proceeding; and
 
·  
had special allowance payments, if any, based on the three-month commercial paper rate1 or the 91-day Treasury bill rate.

No trust student loan as of the applicable cutoff date was subject to any prior obligation to sell that loan to a third party.

Unless otherwise specified, all information with respect to the trust student loans is presented as of September 30, 2012, which is the statistical disclosure date.

The following tables provide a description of specified characteristics of the trust student loans as of the statistical disclosure date.  The aggregate outstanding principal balance of the loans in each of the following tables includes the principal balance due from borrowers, plus accrued interest of $4,140,079 to be capitalized as of the statistical disclosure date.  Percentages and dollar amounts in any table may not total 100% or whole dollars due to rounding.  The following tables also contain information concerning the total number of loans and total number of borrowers in the portfolio of trust student loans.  For ease of administration, the servicer separates a consolidation loan on its system into two separate loan segments representing subsidized and unsubsidized segments of the same loan.  The following tables reflect those loan segments within the number of loans.  In addition, 30 borrowers have more than one trust student loan.

The distribution by weighted average interest rate applicable to the trust student loans on any date following the statistical disclosure date may vary significantly from that in the following tables as a result of variations in the effective rates of interest applicable to the trust student loans and in rates of principal reduction.  Moreover, the information below about the weighted average remaining term to maturity of the trust student loans as of the statistical disclosure date may vary significantly from the actual term to maturity of any of the trust student loans as a result of prepayments or the granting of deferment and forbearance periods.
 
1 As of April 1, 2012, special allowance payments on these trust student loans are calculated by reference to one-month LIBOR.
 
2004-10
 
A-1

 
 
The following tables also contain information concerning the total number of loans and the total number of borrowers in the portfolio of initial trust student loans.
 
Percentages and dollar amounts in any table may not total 100% of the initial trust student loan balance, as applicable, due to rounding.

COMPOSITION OF THE TRUST STUDENT LOANS AS OF
THE STATISTICAL DISCLOSURE DATE

Aggregate Outstanding Principal Balance
  $ 2,209,471,952  
Aggregate Outstanding Principal Balance – Treasury Bill
  $ 119,688,228  
Percentage of Aggregate Outstanding Principal Balance – Treasury Bill
    5.42 %
Aggregate Outstanding Principal Balance – One-Month LIBOR
  $ 1,950,005,174  
Percentage of Aggregate Outstanding Principal Balance – One-Month LIBOR
    88.26 %
Aggregate Outstanding Principal Balance – Treasury Bill Other
    139,778,550  
Percentage of Aggregate Outstanding Principal Balance – Treasury Bill Other
    6.33  
Number of Borrowers
  $ 73,778 %
Average Outstanding Principal Balance Per Borrower
  $ 29,948  
Number of Loans
    128,342  
Average Outstanding Principal Balance Per Loan – Treasury Bill
  $ 21,327  
Average Outstanding Principal Balance Per Loan – One-Month LIBOR
  $ 16,252  
Average Outstanding Principal Balance Per Loan – Treasury Bill Other
  $ 50,884  
Weighted Average Remaining Term to Scheduled Maturity
 
229 months
 
Weighted Average Annual Interest Rate
    4.33 %

We determined the weighted average remaining term to maturity shown in the table from the statistical disclosure date to the stated maturity date of the applicable trust student loan without giving effect to any deferment or forbearance periods that may be granted in the future.  See Appendix A to the preliminary remarketing memorandum.

The weighted average annual borrower interest rate shown in the table is exclusive of special allowance payments.  The weighted average spread for special allowance payments to the 91-day Treasury bill rate was 3.11% as of the statistical disclosure date.

The weighted average spread for special allowance payments to the one-month LIBOR rate was 2.64% as of the statistical disclosure date.  See “Special Allowance Payments” in Appendix A to the preliminary remarketing memorandum.

The category “Other” in the table above represents the Health Education Assistance Loan Program (which we refer to as “HEAL” and the loans originated under such program as “HEAL Loans”) portion of any consolidation loans made under the FFELP which consolidated one or more Stafford Loans, SLS Loans and/or PLUS Loans with one or more student loans originated under the HEAL Program. These consolidation loans are guaranteed as to principal and interest by a guaranty agency and reinsured by the Department of Education. The HEAL portion of any consolidation loan is not eligible to receive special allowance payments or interest subsidy payments. The interest rate on the HEAL Loan segment of any such consolidation loan is variable and is reset each July 1, based upon the average bond-equivalent rate for 91-day Treasury bills auctioned during the three months ending June 30, plus 3.0%. In addition, the applicable interest rate on the HEAL Loan segment of any such consolidation loan is not subject to any cap on the interest rate that may apply to the principal of the HEAL Loan segment.
 
2004-10
 
A-2

 
 
For these purposes, the 91-day Treasury bill rate is the weighted average per annum discount rate, expressed on a bond equivalent basis and applied on a daily basis, for direct obligations of the United States with a maturity of thirteen weeks, as reported by the U.S. Department of the Treasury.

DISTRIBUTION OF THE TRUST STUDENT LOANS
BY BORROWER INTEREST RATES AS OF THE STATISTICAL
DISCLOSURE DATE

Interest Rates
 
Number of Loans
   
Aggregate Outstanding Principal Balance
   
Percent of Pool by Outstanding Principal Balance
 
Less than or equal to 3.00%
    24,756     $ 369,483,257       16.7 %
3.01% to 3.50%
    35,773       555,338,004       25.1  
3.51% to 4.00%
    22,138       357,566,632       16.2  
4.01% to 4.50%
    25,031       387,115,056       17.5  
4.51% to 5.00%
    4,920       110,928,716       5.0  
5.01% to 5.50%
    2,084       51,529,589       2.3  
5.51% to 6.00%
    1,434       37,520,913       1.7  
6.01% to 6.50%
    1,506       37,527,249       1.7  
6.51% to 7.00%
    2,431       62,970,464       2.9  
7.01% to 7.50%
    1,082       27,098,734       1.2  
7.51% to 8.00%
    2,592       64,345,144       2.9  
8.01% to 8.50%
    2,146       88,635,759       4.0  
Equal to or greater than 8.51%
    2,449       59,412,435       2.7  
                         
Total
    128,342     $ 2,209,471,952       100.0 %
 
We determined the interest rates shown in the table above using the interest rates applicable to the trust student loans as of the statistical disclosure date.  Because trust student loans with different interest rates are likely to be repaid at different rates, this information is not likely to remain applicable to the trust student loans after the statistical disclosure date.  See Appendix A to the preliminary remarketing memorandum and “The Student Loan Pools – SLM Corporation’s Student Loan Financing Business” in the prospectus.

2004-10
 
A-3

 
 
DISTRIBUTION OF THE TRUST STUDENT LOANS BY
OUTSTANDING PRINCIPAL BALANCE PER BORROWER
AS OF THE STATISTICAL DISCLOSURE DATE

Range of Outstanding Principal Balance
 
Number of Borrowers
   
Aggregate Outstanding Principal Balance
   
Percent of Pool by Outstanding Principal Balance
 
Less than $5,000.00
    7,132     $ 20,839,828       0.9 %
$  5,000.00-$ 9,999.99
    16,038       121,230,046       5.5  
$10,000.00-$14,999.99
    10,773       134,609,151       6.1  
$15,000.00-$19,999.99
    9,183       158,994,642       7.2  
$20,000.00-$24,999.99
    6,261       139,908,416       6.3  
$25,000.00-$29,999.99
    4,131       112,889,884       5.1  
$30,000.00-$34,999.99
    3,196       103,584,248       4.7  
$35,000.00-$39,999.99
    2,624       97,999,625       4.4  
$40,000.00-$44,999.99
    1,928       81,756,596       3.7  
$45,000.00-$49,999.99
    1,450       68,817,041       3.1  
$50,000.00-$54,999.99
    1,156       60,645,359       2.7  
$55,000.00-$59,999.99
    1,074       61,649,146       2.8  
$60,000.00-$64,999.99
    933       58,194,539       2.6  
$65,000.00-$69,999.99
    771       51,959,175       2.4  
$70,000.00-$74,999.99
    655       47,560,460       2.2  
$75,000.00-$79,999.99
    541       41,895,039       1.9  
$80,000.00-$84,999.99
    508       41,850,943       1.9  
$85,000.00-$89,999.99
    451       39,438,104       1.8  
$90,000.00-$94,999.99
    400       37,030,524       1.7  
$95,000.00-$99,999.99
    414       40,360,718       1.8  
$100,000.00 and above
    4,159       688,258,467       31.2  
                         
Total
    73,778     $ 2,209,471,952       100.0 %
 
DISTRIBUTION OF THE TRUST STUDENT LOANS
BY DELINQUENCY STATUS AS OF THE
STATISTICAL DISCLOSURE DATE

Number of Days Delinquent
 
Number of Loans
   
Aggregate Outstanding Principal Balance
   
Percent of Pool by Outstanding Principal Balance
 
0-30 days
    117,324     $ 1,984,447,748       89.8 %
31-60 days
    4,334       81,625,899       3.7  
61-90 days
    2,031       42,606,270       1.9  
91-120 days
    1,206       24,111,232       1.1  
121-150 days
    798       18,149,765       0.8  
151-180 days
    604       14,281,565       0.6  
181-210 days
    492       10,528,762       0.5  
Greater than 210 days
    1,553       33,720,711       1.5  
                         
Total
    128,342     $ 2,209,471,952       100.0 %
 
2004-10
 
A-4

 
 
DISTRIBUTION OF THE TRUST STUDENT LOANS
BY REMAINING TERM TO SCHEDULED MATURITY
AS OF THE STATISTICAL DISCLOSURE DATE

Number of Months Remaining to Scheduled Maturity
 
Number of Loans
   
Aggregate Outstanding Principal Balance
   
Percent of Pool by Outstanding Principal Balance
 
0 to 3
    109     $ 59,591       *  
4 to12
    336       397,749       *  
13 to 24
    776       2,179,268       0.1 %
25 to 36
    982       4,105,002       0.2  
37 to 48
    2,492       8,522,548       0.4  
49 to 60
    3,078       12,462,375       0.6  
61 to 72
    2,020       11,685,715       0.5  
73 to 84
    9,620       47,683,395       2.2  
85 to 96
    12,142       62,658,450       2.8  
97 to 108
    4,805       31,733,130       1.4  
109 to 120
    4,506       37,655,137       1.7  
121 to 132
    4,738       72,379,746       3.3  
133 to 144
    11,397       132,982,847       6.0  
145 to 156
    13,291       142,195,719       6.4  
157 to 168
    5,551       67,019,797       3.0  
169 to 180
    5,088       62,997,319       2.9  
181 to 192
    3,539       50,544,674       2.3  
193 to 204
    4,903       82,937,311       3.8  
205 to 216
    6,342       113,119,580       5.1  
217 to 228
    3,334       64,169,020       2.9  
229 to 240
    4,322       100,195,911       4.5  
241 to 252
    3,486       95,811,116       4.3  
253 to 264
    4,553       155,760,034       7.0  
265 to 276
    4,807       172,431,388       7.8  
277 to 288
    2,386       97,395,556       4.4  
289 to 300
    2,725       119,236,055       5.4  
301 to 312
    1,835       96,595,559       4.4  
313 to 324
    1,156       70,668,979       3.2  
325 to 336
    1,062       67,631,017       3.1  
337 to 348
    747       49,616,950       2.2  
349 to 360
    1,212       96,274,931       4.4  
361 and above
    1,002       80,366,082       3.6  
                         
Total
    128,342     $ 2,209,471,952       100.0 %

*           Represents a percentage greater than 0% but less than 0.05%.

We have determined the number of months remaining to scheduled maturity shown in the table from the statistical disclosure date to the stated maturity date of the applicable trust student loan without giving effect to any deferment or forbearance periods that may be granted in the future.  See Appendix A to the preliminary remarketing memorandum and “The Student Loan Pools – SLM Corporation’s Student Loan Financing Business” in the prospectus.

2004-10
 
A-5

 
 
DISTRIBUTION OF THE TRUST STUDENT LOANS
BY CURRENT BORROWER PAYMENT STATUS
AS OF THE STATISTICAL DISCLOSURE DATE

Current Borrower Payment Status
 
Number of Loans
   
Aggregate Outstanding Principal Balance
   
Percent of Pool by Outstanding Principal Balance
 
Deferment
    10,562     $ 196,573,192       8.9 %
Forbearance
    7,965       203,635,617       9.2  
Repayment
                       
First year in repayment
    4,949       151,092,054       6.8  
Second year in repayment
    3,897       106,715,988       4.8  
Third year in repayment
    5,777       143,563,183       6.5  
More than 3 years in repayment
    95,192       1,407,891,918       63.7  
                         
Total
    128,342     $ 2,209,471,952       100.0 %

Current borrower payment status refers to the status of the borrower of each trust student loan as of the statistical disclosure date.  The borrower:

·  
may have temporarily ceased repaying the loan through a deferment or a forbearance period; or

·  
may be currently required to repay the loan – repayment.

See Appendix A to the preliminary remarketing memorandum and “The Student Loan Pools – SLM Corporation’s Student Loan Financing Business” in the prospectus.

The weighted average number of months in repayment for all trust student loans currently in repayment is approximately 70.5 calculated as the term to maturity at the commencement of repayment less the number of months remaining to scheduled maturity as of the statistical disclosure date.

2004-10
 
A-6

 
 
SCHEDULED WEIGHTED AVERAGE REMAINING MONTHS IN
STATUS OF THE TRUST STUDENT LOANS BY
CURRENT BORROWER PAYMENT STATUS AS OF THE
STATISTICAL DISCLOSURE DATE

   
Scheduled Months in Status Remaining
 
Current Borrower Payment Status
 
Deferment
   
Forbearance
   
Repayment
 
Deferment
    13.2       -       250.9  
Forbearance
    -       4.3       268.0  
Repayment
    -       -       220.7  

We have determined the scheduled weighted average remaining months in status shown in the previous table without giving effect to any deferment or forbearance periods that may be granted in the future.  Of the $196,573,192 aggregate outstanding principal balance of the trust student loans in deferment as of the statistical disclosure date, $87,489,163 or approximately 44.5% of such loans are to borrowers who had not graduated as of that date.  We expect that a significant portion of these loans could qualify for additional deferments or forbearances at the end of their current deferment periods as the related borrowers continue their education beyond their current degree programs.  As a result, the overall duration of any applicable deferment and forbearance periods as well as the likelihood of future deferment and forbearance periods within this pool of trust student loans is likely to be higher than in other pools of student loans without similar numbers of in-school consolidation loans.  See Appendix A to the preliminary remarketing memorandum and “The Student Loan Pools – SLM Corporation’s Student Loan Financing Business” in the prospectus.

2004-10
 
A-7

 

GEOGRAPHIC DISTRIBUTION OF THE TRUST STUDENT LOANS
AS OF THE STATISTICAL DISCLOSURE DATE

State
 
Number of Loans
   
Aggregate Outstanding Principal Balance
   
Percent of Pool by Outstanding Principal Balance
 
Alabama
    1,017     $ 18,326,276       0.8 %
Alaska
    172       3,048,678       0.1  
Arizona
    2,768       51,377,322       2.3  
Arkansas
    734       13,966,705       0.6  
California
    13,504       253,627,698       11.5  
Colorado
    2,206       36,027,199       1.6  
Connecticut
    1,943       27,579,781       1.2  
Delaware
    334       7,649,515       0.3  
District of Columbia
    582       12,209,481       0.6  
Florida
    8,324       160,527,231       7.3  
Georgia
    3,417       68,061,402       3.1  
Hawaii
    567       8,806,573       0.4  
Idaho
    439       9,254,169       0.4  
Illinois
    5,498       89,541,120       4.1  
Indiana
    3,921       53,736,480       2.4  
Iowa
    595       9,706,182       0.4  
Kansas
    2,491       33,158,537       1.5  
Kentucky
    1,160       17,811,379       0.8  
Louisiana
    3,757       63,042,177       2.9  
Maine
    308       5,225,570       0.2  
Maryland
    3,014       57,858,216       2.6  
Massachusetts
    4,122       63,303,672       2.9  
Michigan
    2,389       47,274,512       2.1  
Minnesota
    1,604       26,638,101       1.2  
Mississippi
    1,101       18,274,354       0.8  
Missouri
    2,811       46,600,990       2.1  
Montana
    242       4,143,034       0.2  
Nebraska
    291       5,401,671       0.2  
Nevada
    850       14,861,243       0.7  
New Hampshire
    548       7,586,641       0.3  
New Jersey
    3,538       61,404,219       2.8  
New Mexico
    413       7,661,582       0.3  
New York
    9,170       156,436,219       7.1  
North Carolina
    2,544       44,210,996       2.0  
North Dakota
    97       2,545,689       0.1  
Ohio
    7,330       119,604,233       5.4  
Oklahoma
    2,459       36,837,810       1.7  
Oregon
    1,908       32,085,043       1.5  
Pennsylvania
    4,757       84,370,198       3.8  
Rhode Island
    270       4,852,095       0.2  
South Carolina
    1,074       21,387,358       1.0  
South Dakota
    133       1,973,333       0.1  
Tennessee
    2,576       46,869,213       2.1  
Texas
    10,289       169,513,333       7.7  
Utah
    430       8,476,630       0.4  
Vermont
    170       2,774,536       0.1  
Virginia
    3,883       61,307,009       2.8  
Washington
    3,746       56,376,923       2.6  
West Virginia
    577       8,758,791       0.4  
Wisconsin
    1,051       19,979,017       0.9  
Wyoming
    116       2,157,593       0.1  
Other
    1,102       25,264,222       1.1  
                         
Total
    128,342     $ 2,209,471,952       100.0 %

2004-10
 
A-8

 

    We have based the geographic distribution shown in the table on the billing addresses of the borrowers of the trust student loans shown on the servicer’s records as of the statistical disclosure date.

    Each of the trust student loans provides or will provide for the amortization of its outstanding principal balance over a series of regular payments.  Except as described below, each regular payment consists of an installment of interest which is calculated on the basis of the outstanding principal balance of the trust student loan.  The amount received is applied first to interest accrued to the date of payment and the balance of the payment, if any, is applied to reduce the unpaid principal balance.  Accordingly, if a borrower pays a regular installment before its scheduled due date, the portion of the payment allocable to interest for the period since the preceding payment was made will be less than it would have been had the payment been made as scheduled, and the portion of the payment applied to reduce the unpaid principal balance will be correspondingly greater.  Conversely, if a borrower pays a monthly installment after its scheduled due date, the portion of the payment allocable to interest for the period since the preceding payment was made will be greater than it would have been had the payment been made as scheduled, and the portion of the payment applied to reduce the unpaid principal balance will be correspondingly less.

    In either case, subject to any applicable deferment periods or forbearance periods, and except as provided below, the borrower pays a regular installment until the final scheduled payment date, at which time the amount of the final installment is increased or decreased as necessary to repay the then outstanding principal balance of that trust student loan.

    The servicer makes available to borrowers of student loans it holds (including the trust student loans) payment terms that may result in the lengthening of the remaining term of the student loans.  For example, not all of the loans sold to the trust provide for level payments throughout the repayment term of the loans.  Some student loans provide for interest only payments to be made for a designated portion of the term of the loans, with amortization of the principal of the loans occurring only when payments increase in the latter stage of the term of the loans.  Other loans provide for a graduated phase in of the amortization of principal with a greater portion of principal amortization being required in the latter stages than would be the case if amortization were on a level payment basis.  The servicer also offers an income-sensitive repayment plan, under which repayments are based on the borrower’s income.  Under that plan, ultimate repayment may be delayed up to five years.  Borrowers under trust student loans will continue to be eligible for the graduated payment and income-sensitive repayment plans.  These programs are applicable to the trust student loans and may be offered by the servicer to related borrowers at its discretion.

2004-10
 
A-9

 
 
The following table provides certain information about trust student loans subject to the repayment terms described in the preceding paragraphs.

DISTRIBUTION OF THE TRUST STUDENT LOANS BY REPAYMENT
TERMS AS OF THE STATISTICAL DISCLOSURE DATE

Loan Repayment Terms
 
Number of Loans
   
Aggregate Outstanding Principal Balance
   
Percent of Pool by Outstanding Principal Balance
 
Level Repayment
    86,357     $ 1,305,406,998       59.1 %
Other Repayment Options(1)
    41,985       904,064,954       40.9  
                         
Total
    128,342     $ 2,209,471,952       100.0 %

(1)           Includes, among others, graduated repayment and interest-only period loans.

With respect to interest-only loans, as of the statistical disclosure date, there are 2,770 loans with an aggregate outstanding principal balance of $96,813,789 currently in an interest-only period.  These interest-only loans represent approximately 4.4% of the aggregate outstanding principal balance of the trust student loans.  Interest-only periods range up to 48 months in overall length.

The servicer may in the future offer repayment terms similar to those described above to borrowers of trust student loans who are not entitled to these repayment terms as of the statistical disclosure date.  If repayment terms are offered to and accepted by those borrowers, the weighted average life of the securities could be lengthened.
 
DISTRIBUTION OF THE TRUST STUDENT LOANS BY LOAN
TYPE AS OF THE STATISTICAL DISCLOSURE DATE

Loan Type
 
Number of Loans
   
Aggregate Outstanding Principal Balance
   
Percent of Pool by Outstanding Principal Balance
 
Subsidized
    61,453     $ 892,869,428       40.4 %
Unsubsidized
    66,889       1,316,602,524       59.6  
                         
Total
    128,342     $ 2,209,471,952       100.0 %


2004-10
 
A-10

 
 
DISTRIBUTION OF THE TRUST STUDENT LOANS
BY DATE OF DISBURSEMENT AS OF
THE STATISTICAL DISCLOSURE DATE
 
Disbursement Date
 
Number of Loans
   
Aggregate Outstanding Principal Balance
   
Percent of Pool by Outstanding Principal Balance
 
September 30, 1993 and earlier
    836     $ 15,312,483       0.7 %
October 1, 1993 through June 30, 2006
    127,506       2,194,159,469       99.3  
                         
Total
    128,342     $ 2,209,471,952       100.0 %

 
2004-10
 
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Guaranty Agencies for the Trust Student Loans.  The eligible lender trustee has entered into a separate guarantee agreement with each of the guaranty agencies listed below, under which each of the guarantors has agreed to serve as guarantor for specified trust student loans.

The following table provides information with respect to the portion of the trust student loans guaranteed by each guarantor.


DISTRIBUTION OF THE TRUST STUDENT LOANS
BY GUARANTY AGENCY AS OF
THE STATISTICAL DISCLOSURE DATE

Name of Guaranty Agency
 
Number of Loans
   
Aggregate Outstanding Principal Balance
   
Percent of Pool by Outstanding Principal Balance
 
American Student Assistance
    5,554       75,564,222       3.4 %
College Assist
    79       1,683,716       0.1  
Educational Credit Management Corporation
    3,641       49,641,897       2.2  
Florida Office Of Student Financial Assistance
    3,297       41,784,795       1.9  
Great Lakes Higher Education Corporation
    293       6,469,177       0.3  
Illinois Student Assistance Commission
    4,306       61,690,260       2.8  
Iowa College Student Aid Commission
    189       3,244,080       0.1  
Kentucky Higher Education Assistance Authority
    509       7,016,123       0.3  
Louisiana Office Of Student Financial Assistance
    1,853       23,325,898       1.1  
Michigan Guaranty Agency
    1,282       20,539,545       0.9  
Montana Guaranteed Student Loan Program
    6       124,245       *  
Nebraska National Student Loan Program
    5       77,765       *  
New Jersey Higher Education Student Assistance Authority
    2,761       39,122,888       1.8  
New York State Higher Education Services Corporation
    16,048       251,891,815       11.4  
Northwest Education Loan Association
    3,256       55,267,898       2.5  
Oklahoma Guaranteed Student Loan Program
    2,399       33,479,319       1.5  
Pennsylvania Higher Education Assistance Agency
    12,167       158,367,854       7.2  
Student Loan Guarantee Foundation of Arkansas
    414       6,492,384       0.3  
Tennessee Student Assistance Corporation
    2,091       31,878,345       1.4  
Texas Guaranteed Student Loan Corporation
    13,145       196,649,321       8.9  
United Student Aid Funds, Inc.
    55,047       1,145,160,403       51.8  
                         
Total
    128,342       2,209,471,952       100.0 %

*       Represents a percentage greater than 0% but less than 0.05%.

2004-10
 
A-12

 
 
SIGNIFICANT GUARANTOR
INFORMATION

The information shown for the Significant Guarantors relates to all student loans, including but not limited to trust student loans, guaranteed by the Significant Guarantors.

We obtained the following information from various sources, including from the Significant Guarantors and/or from the Department of Education.  None of the depositor, SLM ECFC, the servicer, their affiliates or the remarketing agent has audited or independently verified this information for accuracy or completeness.

UNITED STUDENT AID FUNDS, INC.
 
United Student Aid Funds, Inc. (“USA Funds”) was organized as a private, nonprofit corporation under the General Corporation Law of the State of Delaware in 1960.   In accordance with its Certificate of Incorporation, USA Funds: (i) maintains facilities for the provision of guarantee services with respect to approved education loans made to or for the benefit of eligible students who are enrolled at or plan to attend approved educational institutions; (ii) guarantees education loans made pursuant to certain loan programs under the Higher Education Act, as well as loans made under certain private loan programs; and (iii) serves as the designated guarantor for education-loan programs under the Higher Education Act of 1965, as amended (“the Act”) in Arizona, Hawaii and certain Pacific Islands, Indiana, Kansas, Maryland, Mississippi, Nevada and Wyoming.
 
USA Funds contracts with Sallie Mae, Inc., a wholly owned subsidiary of SLM Corporation. USA Funds also contracts with Student Assistance Corporation, a wholly owned subsidiary of SLM Corporation. SLM Corporation and its subsidiaries are not sponsored by nor are they agencies of the United States of America.
 
Effective December 13, 2004, USA Funds became the sole member of the Northwest Education Loan Association, a guarantor serving the states of Washington, Idaho and the Northwest.
 
For the purpose of providing loan guarantees under the Act, USA Funds has entered into various agreements (collectively, the “Federal Reinsurance Agreements”) with the U.S. Secretary of Education (the “Secretary”). Pursuant to the Federal Reinsurance Agreements, USA Funds serves as a “guaranty agency” as defined in Section 435(j) of the Act. The Act allows the Secretary, after giving the guaranty agency notice and the opportunity for a hearing, to terminate the Federal Reinsurance Agreements if the Secretary determines that the administrative or financial condition of the guaranty agency jeopardizes the agency’s continued ability to perform its responsibilities under its guaranty agreement, it is necessary to protect the federal financial interest, or to ensure the continued availability of loans to student- or parent-borrowers.

2004-10
 
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Reinsurance is paid to USA Funds by the Secretary in accordance with a formula based on the annual default rate of loans guaranteed by USA Funds under the Act and the disbursement date of loans. The rate of reinsurance ranges from 100 percent to 75 percent of USA Funds’ losses on default-claim payments made to lenders. The Higher Education Amendments of 1998 (the “1998 Reauthorization Law”) reduced the reinsurance coverage for loans in default made on or after Oct. 1, 1998, to a range from 95 percent to 75 percent based upon the annual default claims rate of the guaranty agency.  Reinsurance on non-default claims remains at 100 percent.
 
The 1998 Reauthorization Law requires guaranty agencies to establish two (2) separate funds, a federal reserve fund (property of the United States) and an agency operating fund (property of the guaranty agency). The federal reserve fund is to be used to pay lender claims and to pay a default-aversion fee to the agency operating fund. The agency operating fund is to be used by the guaranty agency to pay its operating expenses.
 
On March, 30, 2010, President Obama signed into law the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), which ended the origination and guarantee of new loans under the Federal Family Education Loan Program, effective for loans whose first disbursement was after June 30, 2010. As a result of the new statute, USA Funds will continue to administer a portfolio of outstanding FFELP loans, but no longer may guarantee new federal student loans.
 
As of September 30, 2011, USA Funds held net assets on behalf of the federal reserve fund of approximately $289 million. Through September 30, 2011, the outstanding, unpaid, aggregate amount of principal and interest on loans that had been directly guaranteed by USA Funds under the Federal Family Education Loan Program was approximately $73 billion.  Also, as of September 30, 2011, USA Funds had operating fund assets totaling slightly over $1 billion, which includes the $289 million of net assets held on behalf of the Federal Reserve Fund.

USA Funds’ “reserve ratio” complies with the U.S. Department of Education definition, which is determined by dividing the fund balance reserves, including non-cash allowance and other non-cash, in a guarantor’s federal reserve fund, by the total amount of loans outstanding. Following this formula, the reserve ratio for the federal reserve fund administered by USA Funds for the last five fiscal years was as follows:
 
   
Reserve Ratio
 
   
Federal Fiscal Year
 
Guarantor
 
2007
   
2008
   
2009
   
2010
   
2011
 
United Student Aid Funds, Inc.
    0.25 %     0.33 %     0.38 %     0.40 %     0.39 %


2004-10
 
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USA Funds’ “guarantee volume” is the approximate aggregate principal amount of federally reinsured education loans (including subsidized and unsubsidized Stafford and PLUS loans but excluding consolidation loans) guaranteed by USA Funds.  For the last five fiscal years, the “guarantee volume” was as follows:

   
Loans Guaranteed
 
   
Federal Fiscal Year
 
   
($ in millions)
 
Guarantor
 
2007
   
2008
   
2009
   
2010
   
2011
 
United Student Aid Funds, Inc.
  $ 15,581     $ 17,202     $ 20,067     $ 7,705       N/A  

USA Funds’ “recovery rate,” which provides a measure of the effectiveness of the collection efforts against defaulted borrowers after the guarantee claim has been satisfied, is determined by dividing the amount recovered from borrowers by USA Funds during the fiscal year by the aggregate amount of default claims paid by USA Funds outstanding at the end of the prior fiscal year. For the last five fiscal years, the “recovery rate” was as follows:

   
Recovery Rate
 
   
Federal Fiscal Year
 
Guarantor
 
2007
   
2008
   
2009
   
2010
   
2011
 
United Student Aid Funds, Inc.
    40.30 %     45.60 %     36.19 %     32.90 %     32.17 %

USA Funds’ “claims rate” represents the percentage of federal reinsurance claims paid by the Secretary during any fiscal year, less amounts remitted to the Secretary for defaulted loans that are rehabilitated relative to USA Funds’ existing portfolio of loans in repayment at the end of the prior fiscal year. For the last five fiscal years, the “claims rate” was as follows: 
 
   
Claims Rate
 
   
Federal Fiscal Year
 
Guarantor
 
2007
   
2008
   
2009
   
2010
   
2011
 
United Student Aid Funds, Inc.
    2.13 %     2.07 %     1.92 %     1.69 %     1.69 %

In addition, USA Funds’ “loss rate” represents the percentage of claims purchased from lenders but not covered by reinsurance.  For the last five fiscal years, the “loss rate” was as follows: 2011 – 4.74 percent; 2010 – 4.70 percent; 2009 – 4.62 percent; 2008 – 4.26 percent; 2007 – 4.07 percent.
 
USA Funds is headquartered in Fishers, Indiana.  USA Funds will provide a copy of its most recent annual report upon receipt of a written request directed to its headquarters at P.O. Box 6028, Indianapolis, Indiana 46206-6028, Attention: Vice President, Corporate and Marketing Communications.

2004-10
 
A-15

 

NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION

New York State Higher Education Services Corporation (HESC) was organized in 1975 as an agency of the State of New York, pursuant to an act of the New York legislature, to expand educational opportunities for students.  HESC administers the New York Tuition Assistance Program and a variety of state scholarships in addition to acting as a guarantee agency under the Federal Family Education Loan Program (“FFELP”).  HESC is the designated guarantee agency for the State of New York, and guarantees all types of FFELP Loans.  In 2009, the New York State Legislature created the New York Higher Education Loan Program (NYHELPs) and designated HESC as its administrator.  NYHELPs is a private student loan program for New York State residents attending participating institutions in the State.  However, no new funding has been recommended for the NYHELPs loan program for state fiscal year 2012-13 due to its continued underutilization.  As a result, no new NYHELPs loans will be made for 2012-13 state fiscal year while the program is evaluated to determine how it can best serve New York State students and families.
 
As a result of the March 30, 2010 enactment of the Health Care and Education Reconciliation Act of 2010 (HCERA) (HR4872), the FFELP was eliminated effective July 1, 2010.  No new (first disbursed) Stafford, PLUS or consolidation loans may be disbursed through the FFELP after June 30, 2010.  Existing FFELP loans will continue to be eligible for program benefits.  Beginning July 1, 2010, all new Stafford, PLUS and consolidation loans will be made under the U. S. Department of Education’s Direct Loan Program.

For the FFELP, HESC will continue to have responsibility for providing collection assistance to lenders for delinquent loans, paying lender claims for loans in default, and collection activities on loans after purchase by HESC.  In addition to the FFELP, HESC continues to perform residual administrative activities of the State guaranteed loan program in which no new loans have been guaranteed since 1984.

HESC has a Federal Student Loan Reserve Fund (the “Federal Fund”) and an Agency Operating Fund to account for FFELP activity.  The Federal Fund assets, and earnings on those assets, are restricted in use and are considered property of the Department of Education.  The Agency Operating Fund is considered property of HESC, and its assets and earnings may be used generally for guarantee agency and other student financial aid related activities.

As of September 30, 2011, HESC had total FFELP assets of approximately $144.6 million (including balances for both the Federal Fund and the Agency Operating Fund) and had a total of approximately $21.4 billion in original principal amount of loans outstanding.

2004-10
 
A-16

 

Guarantee Volume:  HESC guaranteed the following amounts for the last five federal fiscal years ending September 30 (excluding consolidation loans):

   
FFELP Loan Volume
 
   
Fiscal Year
 
   
($ in millions)
 
Guarantor
 
2007
   
2008
   
2009
   
2010
   
2011
 
New York State Higher Education Services Corporation
  $ 3,164     $ 3,551     $ 3,642     $ 799     $ 0  

Reserve Ratio:  A guarantee agency’s reserve ratio is determined by dividing its Federal Fund balance by the original principal amount of loans outstanding. HESC’s reserve ratio for the last five federal fiscal years ending September 30 is as follows:

   
Reserve Ratio
 
   
Fiscal Year
 
Guarantor
 
2007
   
2008
   
2009
   
2010
   
2011
 
New York State Higher Education Services Corporation
    0.29 %     0.29 %     0.30 %     0.33 %     0.28 %

Recovery Rates:  The Department of Education calculates a guaranty agency’s recovery rate by dividing the amount recovered from borrowers during a federal fiscal year by the guaranty agency’s outstanding default loan portfolio (beginning inventory) at the end of the prior federal fiscal year.  HESC’s recovery rate for each of the past five federal fiscal years ending September 30 provided below uses the Department of Education’s calculation method:

   
Recovery Rate
 
   
Fiscal Year
 
Guarantor
 
2007
   
2008
   
2009
   
2010
   
2011
 
New York State Higher Education Services Corporation
    26.54 %     32.12 %     23.64 %     23.46 %     26.68 %

Claims Rate:  A guaranty agency’s claims rate is determined by dividing the amount of federal reinsurance claims paid by the Department of Education during a federal fiscal year by the original principal amount of loans in repayment at the end of the prior federal fiscal year.  HESC’s claims rate for each of the past five federal fiscal years ending September 30 is as follows:


   
Claims Rate
 
   
Fiscal Year
 
Guarantor
 
2007
   
2008
   
2009
   
2010
   
2011
 
New York State Higher Education Services Corporation
    1.42 %     1.60 %     1.93 %     1.86 %     2.17 %

HESC is headquartered at 99 Washington Avenue, Albany, New York 12255.  Its most recent annual report is available on its web site, www.hesc.org.

2004-10

A-17