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8-K - CURRENT REPORT - SLM Student Loan Trust 2004-8sl20121011-8k_20048.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 by employing several criteria, including requirements that each trust student loan as of the original cutoff date:
 
·  
was 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 rate 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 August 31, 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 $3,064,372 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, 12 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.

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.
 
2004-8
 
A-1

 
 
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
  $ 1,129,838,904  
Aggregate Outstanding Principal Balance – Treasury Bill
  $ 54,539,660  
Percentage of Aggregate Outstanding Principal Balance – Treasury Bill
    4.83 %
Aggregate Outstanding Principal Balance – One-Month LIBOR
  $ 1,075,299,245  
Percentage of Aggregate Outstanding Principal Balance – One-Month LIBOR
    95.17 %
Number of Borrowers
    48,521  
Average Outstanding Principal Balance Per Borrower
  $ 23,286  
Number of Loans
    80,178  
Average Outstanding Principal Balance Per Loan – Treasury Bill
  $ 22,916  
Average Outstanding Principal Balance Per Loan – One-Month LIBOR
  $ 13,822  
Weighted Average Remaining Term to Scheduled Maturity
 
212 months
 
Weighted Average Annual Interest Rate
    4.16 %

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 and “The Student Loan Pools – SLM Corporation’s Student Loan Financing Business” in the prospectus.

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.

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.

2004-8
 
A-2

 
 
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%
    16,437     $ 197,364,483       17.5 %
3.01% to 3.50%
    21,885       244,002,840       21.6  
3.51% to 4.00%
    15,950       232,959,865       20.6  
4.01% to 4.50%
    18,524       255,631,553       22.6  
4.51% to 5.00%
    1,440       38,126,139       3.4  
5.01% to 5.50%
    723       20,433,323       1.8  
5.51% to 6.00%
    720       22,387,808       2.0  
6.01% to 6.50%
    640       19,205,383       1.7  
6.51% to 7.00%
    602       16,640,280       1.5  
7.01% to 7.50%
    447       11,766,653       1.0  
7.51% to 8.00%
    1,203       28,757,597       2.5  
8.01% to 8.50%
    667       16,034,262       1.4  
Equal to or greater than 8.51%
    940       26,528,717       2.3  
                         
Total
    80,178     $ 1,129,838,904       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.

2004-8
 
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
    5,468     $ 16,286,821       1.4 %
$  5,000.00-$ 9,999.99
    12,075       90,184,744       8.0  
$10,000.00-$14,999.99
    7,114       88,870,745       7.9  
$15,000.00-$19,999.99
    6,124       106,099,546       9.4  
$20,000.00-$24,999.99
    4,036       90,076,174       8.0  
$25,000.00-$29,999.99
    2,643       72,285,520       6.4  
$30,000.00-$34,999.99
    2,155       69,713,133       6.2  
$35,000.00-$39,999.99
    1,642       61,440,742       5.4  
$40,000.00-$44,999.99
    1,209       51,164,970       4.5  
$45,000.00-$49,999.99
    979       46,479,011       4.1  
$50,000.00-$54,999.99
    817       42,908,443       3.8  
$55,000.00-$59,999.99
    657       37,719,325       3.3  
$60,000.00-$64,999.99
    537       33,535,174       3.0  
$65,000.00-$69,999.99
    433       29,174,011       2.6  
$70,000.00-$74,999.99
    326       23,568,145       2.1  
$75,000.00-$79,999.99
    294       22,801,181       2.0  
$80,000.00-$84,999.99
    235       19,369,999       1.7  
$85,000.00-$89,999.99
    217       19,010,140       1.7  
$90,000.00-$94,999.99
    190       17,582,870       1.6  
$95,000.00-$99,999.99
    144       14,036,833       1.2  
$100,000.00 and above
    1,226       177,531,378       15.7  
                         
Total
    48,521     $ 1,129,838,904       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
    73,219     $ 1,011,383,724       89.5 %
31-60 days
    2,750       43,832,003       3.9  
61-90 days
    1,313       21,386,343       1.9  
91-120 days
    688       12,439,376       1.1  
121-150 days
    491       9,111,004       0.8  
151-180 days
    402       7,564,943       0.7  
181-210 days
    297       5,590,692       0.5  
Greater than 210 days
    1,018       18,530,820       1.6  
                         
Total
    80,178     $ 1,129,838,904       100.0 %
 
2004-8
 
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
    29     $ 11,282       *  
4 to12
    165       215,058       *  
13 to 24
    570       1,420,929       0.1 %
25 to 36
    416       1,486,293       0.1  
37 to 48
    2,601       6,844,098       0.6  
49 to 60
    1,397       4,953,122       0.4  
61 to 72
    875       4,800,422       0.4  
73 to 84
    11,722       55,037,152       4.9  
85 to 96
    5,479       29,593,009       2.6  
97 to 108
    3,128       19,921,458       1.8  
109 to 120
    2,600       19,912,475       1.8  
121 to 132
    2,596       34,019,812       3.0  
133 to 144
    11,049       119,096,502       10.5  
145 to 156
    5,570       59,588,815       5.3  
157 to 168
    3,357       37,602,771       3.3  
169 to 180
    2,921       36,986,075       3.3  
181 to 192
    2,051       26,959,070       2.4  
193 to 204
    4,854       86,172,134       7.6  
205 to 216
    2,959       53,353,996       4.7  
217 to 228
    2,013       37,629,480       3.3  
229 to 240
    1,899       37,475,716       3.3  
241 to 252
    1,311       27,988,085       2.5  
253 to 264
    3,197       106,989,314       9.5  
265 to 276
    1,713       57,577,152       5.1  
277 to 288
    1,163       42,252,903       3.7  
289 to 300
    1,288       48,274,934       4.3  
301 to 312
    904       38,153,082       3.4  
313 to 324
    546       28,964,865       2.6  
325 to 336
    462       23,967,258       2.1  
337 to 348
    365       20,208,168       1.8  
349 to 360
    516       30,927,544       2.7  
361 and above
    462       31,455,933       2.8  
                         
Total
    80,178     $ 1,129,838,904       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.

2004-8
 
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
    6,613     $ 112,166,813       9.9 %
Forbearance
    4,825       102,842,619       9.1  
Repayment
                       
First year in repayment
    2,790       70,923,990       6.3  
Second year in repayment
    2,255       49,535,190       4.4  
Third year in repayment
    3,582       74,521,118       6.6  
More than 3 years in repayment
    60,113       719,849,175       63.7  
                         
Total
    80,178     $ 1,129,838,904       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 70.3 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.
 
2004-8
 
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
    14.5       -       243.1  
Forbearance
    -       5.3       254.6  
Repayment
    -       -       203.1  

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 $112,166,813 aggregate outstanding principal balance of the trust student loans in deferment as of the statistical disclosure date, $53,088,194 or approximately 47.3% 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.

2004-8
 
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
    510     $ 8,011,665       0.7 %
Alaska
    123       1,676,434       0.1  
Arizona
    1,584       24,270,986       2.1  
Arkansas
    388       5,479,344       0.5  
California
    7,874       119,833,107       10.6  
Colorado
    1,426       18,590,963       1.6  
Connecticut
    1,406       18,852,578       1.7  
Delaware
    218       2,881,401       0.3  
District of Columbia
    363       6,534,208       0.6  
Florida
    5,478       82,312,095       7.3  
Georgia
    2,113       32,473,703       2.9  
Hawaii
    315       3,716,952       0.3  
Idaho
    199       2,774,122       0.2  
Illinois
    4,093       55,678,237       4.9  
Indiana
    3,248       40,137,462       3.6  
Iowa
    318       4,103,262       0.4  
Kansas
    1,309       14,656,993       1.3  
Kentucky
    573       6,638,061       0.6  
Louisiana
    2,401       34,327,735       3.0  
Maine
    170       2,787,061       0.2  
Maryland
    2,119       30,801,792       2.7  
Massachusetts
    2,980       39,638,815       3.5  
Michigan
    1,794       27,994,967       2.5  
Minnesota
    835       10,369,475       0.9  
Mississippi
    610       8,728,452       0.8  
Missouri
    1,644       21,801,358       1.9  
Montana
    145       1,926,999       0.2  
Nebraska
    177       2,722,014       0.2  
Nevada
    496       7,419,764       0.7  
New Hampshire
    370       6,206,990       0.5  
New Jersey
    2,655       39,083,928       3.5  
New Mexico
    239       2,959,058       0.3  
New York
    7,074       99,461,651       8.8  
North Carolina
    1,623       22,822,715       2.0  
North Dakota
    59       901,818       0.1  
Ohio
    2,696       40,614,885       3.6  
Oklahoma
    1,348       17,842,606       1.6  
Oregon
    1,033       15,118,178       1.3  
Pennsylvania
    3,128       42,160,727       3.7  
Rhode Island
    198       3,170,166       0.3  
South Carolina
    653       9,912,678       0.9  
South Dakota
    53       649,808       0.1  
Tennessee
    969       13,133,167       1.2  
Texas
    5,978       82,723,848       7.3  
Utah
    244       3,856,561       0.3  
Vermont
    97       987,239       0.1  
Virginia
    2,743       35,749,209       3.2  
Washington
    2,151       26,363,258       2.3  
West Virginia
    372       5,134,584       0.5  
Wisconsin
    882       12,798,580       1.1  
Wyoming
    73       843,165       0.1  
Other
    631       10,204,081       0.9  
                         
Total
    80,178     $ 1,129,838,904       100.0 %

2004-8
 
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.
 
2004-8
 
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
    54,578     $ 644,637,177       57.1 %
Other Repayment Options(1)
    25,600       485,201,728       42.9  
                         
Total
    80,178     $ 1,129,838,904       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 3,164 loans with an aggregate outstanding principal balance of $90,474,977 currently in an interest-only period.  These interest-only loans represent approximately 8.0% 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
    37,933     $ 478,591,687       42.4 %
Unsubsidized
    42,245       651,247,218       57.6  
                         
Total
    80,178     $ 1,129,838,904       100.0 %
 
2004-8
 
A-10

 
 
The following table provides information about the trust student loans regarding date of disbursement.

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
    205     $ 4,464,488       0.4 %
October 1, 1993 through June 30, 2006
    79,973       1,125,374,417       99.6  
July 1, 2006 and later
    0       0       0.0  
                         
Total
    80,178     $ 1,129,838,904       100.0 %
 
2004-8
 
A-11

 
 
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
    3,990     $ 50,937,516       4.5 %
College Assist
    22       446,012       *  
Educational Credit Management Corporation
    553       7,984,113       0.7  
Florida Office Of Student Financial Assistance
    2,278       26,543,427       2.3  
Great Lakes Higher Education Corporation
    345       7,159,571       0.6  
Illinois Student Assistance Commission
    3,391       45,088,682       4.0  
Iowa College Student Aid Commission
    105       940,723       0.1  
Kentucky Higher Education Assistance Authority
    279       3,315,728       0.3  
Lousiana Office Of Student Financial Assistance
    1,212       14,646,032       1.3  
Michigan Guaranty Agency
    710       10,713,428       0.9  
Montana Guaranteed Student Loan Program
    2       23,580       *  
Nebraska National Student Loan Program
    2       33,648       *  
New Jersey Higher Education Student Assistance Authority
    3,569       39,533,539       3.5  
New York State Higher Education Services Corporation
    11,357       151,342,512       13.4  
Northwest Education Loan Association
    776       11,166,554       1.0  
Oklahoma Guaranteed Student Loan Program
    1,419       17,985,763       1.6  
Pennsylvania Higher Education Assistance Agency
    8,410       104,809,818       9.3  
Student Loan Guarantee Foundation of Arkansas
    245       2,755,672       0.2  
Texas Guaranteed Student Loan Corporation
    8,265       110,416,790       9.8  
United Student Aid Funds, Inc.
    33,248       523,995,796       46.4  
                         
Total
    80,178     $ 1,129,838,904       100.0 %

*       Represents a percentage greater than 0% but less than 0.05%.
 
2004-8
 
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.
 
2004-8
 
A-13

 
 
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 %
 
2004-8
 
A-14

 
 
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.
 
2004-8
 
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.
 
2004-8
 
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.
 
2004-8
A-17