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8-K - CURRENT REPORT - SLM Student Loan Trust 2003-7sl20121205-8k_20037.htm

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 Student Loan Marketing Association 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 more than 120 days past the final disbursement;
 
·  
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 original cutoff date was subject to the depositor’s
or the Student Loan Marketing Association’s prior obligation to sell that loan to a third
party. The Student Loan Marketing Association was dissolved on December 31, 2004
and all of its obligations were assumed by its affiliate, SLM Education Credit Finance Corporation.

Unless otherwise specified, all information with respect to the trust student loans is presented as of October 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 $3,936,290 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, 39 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
 
2003-7
 
A-1

 
 
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.
 
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
  $ 1,193,095,822  
Aggregate Outstanding Principal Balance – Treasury Bill
  $ 164,622,204  
Percentage of Aggregate Outstanding Principal Balance – Treasury Bill
    13.80 %
Aggregate Outstanding Principal Balance – One-Month LIBOR
  $ 1,028,473,618  
Percentage of Aggregate Outstanding Principal Balance – One-Month LIBOR
    86.20 %
Number of Borrowers
    40,421  
Average Outstanding Principal Balance Per Borrower
  $ 29,517  
Number of Loans
    68,665  
Average Outstanding Principal Balance Per Loan – Treasury Bill
  $ 22,210  
Average Outstanding Principal Balance Per Loan – One-Month LIBOR
  $ 16,791  
Weighted Average Remaining Term to Scheduled Maturity
 
204 months
 
Weighted Average Annual Interest Rate
    5.99 %

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 3.10% 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.

2003-7
 
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%                                                        
    1     $ 21,424       *  
3.01% to 3.50%                                                        
    4,634       65,348,420       5.5 %
3.51% to 4.00%                                                        
    3,752       81,415,748       6.8  
4.01% to 4.50%                                                        
    12,251       164,516,334       13.8  
4.51% to 5.00%                                                        
    14,406       205,918,591       17.3  
5.01% to 5.50%                                                        
    3,103       50,729,874       4.3  
5.51% to 6.00%                                                        
    3,602       61,337,742       5.1  
6.01% to 6.50%                                                        
    5,202       92,771,122       7.8  
6.51% to 7.00%                                                        
    5,634       106,293,242       8.9  
7.01% to 7.50%                                                        
    2,265       46,105,782       3.9  
7.51% to 8.00%                                                        
    5,642       118,489,740       9.9  
8.01% to 8.50%                                                        
    5,816       131,419,862       11.0  
Equal to or greater than 8.51%                                                        
    2,357       68,727,941       5.8  
                         
            Total                                                        
    68,665     $ 1,193,095,822       100.0 %
*     Represents a percentage greater than 0% but less than 0.05%.

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 – Sallie Mae’s Student Loan Financing Business” in the original prospectus.

2003-7
 
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
      4,983     $ 14,451,720       1.2 %
$ 5,000.00-$ 9,999.99       6,834       48,697,901       4.1  
$ 10,000.00-$14,999.99       5,303       66,622,116       5.6  
$ 15,000.00-$19,999.99       4,586       79,552,970       6.7  
$ 20,000.00-$24,999.99       3,278       73,195,630       6.1  
$ 25,000.00-$29,999.99       2,478       67,912,475       5.7  
$ 30,000.00-$34,999.99       2,110       68,394,197       5.7  
$ 35,000.00-$39,999.99       1,679       62,752,727       5.3  
$ 40,000.00-$44,999.99       1,332       56,493,588       4.7  
$ 45,000.00-$49,999.99       1,104       52,386,460       4.4  
$ 50,000.00-$54,999.99       952       49,911,233       4.2  
$ 55,000.00-$59,999.99       765       43,934,560       3.7  
$ 60,000.00-$64,999.99       660       41,187,185       3.5  
$ 65,000.00-$69,999.99       593       40,020,879       3.4  
$ 70,000.00-$74,999.99       494       35,802,657       3.0  
$ 75,000.00-$79,999.99       391       30,314,640       2.5  
$ 80,000.00-$84,999.99       312       25,738,555       2.2  
$ 85,000.00-$89,999.99       304       26,611,230       2.2  
$ 90,000.00-$94,999.99       238       22,000,917       1.8  
$ 95,000.00-$99,999.99       233       22,681,847       1.9  
$    100,000.00 and above
      1,792       264,432,334       22.2  
                             
Total
      40,421     $ 1,193,095,822       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
    63,161     $ 1,062,109,238       89.0 %
31-60 days
    2,137       44,677,830       3.7  
61-90 days
    970       23,488,616       2.0  
91-120 days
    607       14,393,380       1.2  
121-150 days
    494       13,274,044       1.1  
151-180 days
    309       8,966,228       0.8  
181-210 days
    250       7,446,344       0.6  
Greater than 210 days
    737       18,740,142       1.6  
                         
             Total
    68,665     $ 1,193,095,822       100.0 %


2003-7
 
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           
    75     $ 46,569       *  
4 to12
    312       439,454       *  
13 to 24
    834       1,782,545       0.1 %
25 to 36
    1,572       4,668,830       0.4  
37 to 48
    1,439       6,561,077       0.5  
49 to 60
    4,585       19,356,194       1.6  
61 to 72
    5,438       24,730,830       2.1  
73 to 84
    2,530       17,026,988       1.4  
85 to 96
    2,667       21,356,882       1.8  
97 to 108
    2,393       22,708,169       1.9  
109 to 120
    6,023       57,916,256       4.9  
121 to 132
    6,969       89,852,744       7.5  
133 to 144
    3,418       59,819,494       5.0  
145 to 156
    2,649       45,780,906       3.8  
157 to 168
    2,366       41,450,304       3.5  
169 to 180
    3,894       67,627,544       5.7  
181 to 192
    3,793       69,129,974       5.8  
193 to 204
    1,785       38,405,370       3.2  
205 to 216
    1,776       42,766,591       3.6  
217 to 228
    1,571       40,418,153       3.4  
229 to 240
    2,978       88,375,761       7.4  
241 to 252
    3,112       99,714,594       8.4  
253 to 264
    1,209       45,148,568       3.8  
265 to 276
    1,086       46,588,802       3.9  
277 to 288
    926       42,915,796       3.6  
289 to 300
    1,059       49,815,017       4.2  
301 to 312
    634       34,483,444       2.9  
313 to 324
    365       21,918,115       1.8  
325 to 336
    315       20,568,931       1.7  
337 to 348
    227       16,814,786       1.4  
349 to 360
    363       30,755,843       2.6  
361 and above
    302       24,151,294       2.0  
                         
Total
    68,665     $ 1,193,095,822       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 –Sallie Mae’s Student Loan Financing Business” in the original prospectus.

2003-7
 
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
    4,973     $ 112,932,957       9.5 %
Forbearance
    3,934       104,724,613       8.8  
Repayment
                       
First year in repayment
    1,455       56,689,596       4.8  
Second year in repayment
    1,286       41,678,655       3.5  
Third year in repayment
    1,398       40,864,863       3.4  
More than 3 years in repayment
    55,619       836,205,137       70.1  
                         
Total
    68,665     $ 1,193,095,822       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 –Sallie Mae’s Student Loan Financing Business” in the original prospectus.

The weighted average number of months in repayment for all trust student loans currently in repayment is approximately 88.8 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.

2003-7
 
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                                                        
    11.5       -       236.1  
Forbearance                                                        
    -       4.5       242.5  
Repayment                                                        
    -       -       196.3  
                         

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 $112,932,957 aggregate outstanding principal balance of the trust student loans in deferment as of the statistical disclosure date, $44,577,417 or approximately 39.5% 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.


2003-7
 
A-7

 

 
GEOGRAPHIC DISRIBUTION 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
    512     $ 9,412,749       0.8 %
Alaska
    110       1,783,541       0.1  
Arizona
    2,174       37,718,257       3.2  
Arkansas
    426       6,932,340       0.6  
California
    6,249       118,428,721       9.9  
Colorado
    1,130       18,159,663       1.5  
Connecticut
    1,047       15,628,146       1.3  
Delaware
    184       3,092,261       0.3  
District of Columbia
    323       7,180,032       0.6  
Florida
    5,161       119,471,814       10.0  
Georgia
    2,226       46,291,775       3.9  
Hawaii
    265       4,890,455       0.4  
Idaho           
    198       3,376,166       0.3  
Illinois
    2,868       44,207,595       3.7  
Indiana
    4,471       68,722,017       5.8  
Iowa           
    341       5,046,386       0.4  
Kansas
    1,249       17,661,406       1.5  
Kentucky
    924       14,043,452       1.2  
Louisiana
    2,442       41,774,412       3.5  
Maine
    291       5,853,942       0.5  
Maryland
    1,890       36,207,386       3.0  
Massachusetts
    2,630       38,447,836       3.2  
Michigan
    1,233       23,118,656       1.9  
Minnesota
    693       11,311,148       0.9  
Mississippi
    535       10,582,078       0.9  
Missouri
    1,266       20,461,996       1.7  
Montana
    94       1,435,599       0.1  
Nebraska
    113       1,568,150       0.1  
Nevada
    370       6,372,121       0.5  
New Hampshire
    586       8,044,748       0.7  
New Jersey
    1,811       31,234,440       2.6  
New Mexico
    267       4,555,760       0.4  
New York
    5,207       87,687,199       7.3  
North Carolina
    1,616       28,941,729       2.4  
North Dakota
    31       648,030       0.1  
Ohio           
    397       6,980,041       0.6  
Oklahoma
    870       13,439,405       1.1  
Oregon
    847       13,553,843       1.1  
Pennsylvania
    2,695       41,739,671       3.5  
Rhode Island
    189       2,580,082       0.2  
South Carolina
    702       13,297,081       1.1  
South Dakota
    59       995,719       0.1  
Tennessee
    1,004       17,741,999       1.5  
Texas
    5,200       87,308,647       7.3  
Utah           
    176       4,345,611       0.4  
Vermont
    94       1,998,304       0.2  
Virginia
    2,189       35,162,374       2.9  
Washington
    1,650       26,447,176       2.2  
West Virginia
    378       5,702,292       0.5  
Wisconsin
    676       10,130,003       0.8  
Wyoming
    47       720,005       0.1  
Other           
    559       10,661,565       0.9  
                         
Total
    68,665     $ 1,193,095,822       100.0 %

2003-7
 
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.

2003-7
 
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
    43,116     $ 634,037,367       53.1 %
Other Repayment Options(1) 
    25,549       559,058,455       46.9  
                         
Total
    68,665     $ 1,193,095,822       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 2,348 loans with an aggregate outstanding principal balance of $80,272,201 currently in an interest-only period.  These interest-only loans represent approximately 6.7% 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
    33,835     $ 521,200,368       43.7 %
Unsubsidized
    34,830       671,895,454       56.3  
                         
Total
    68,665     $ 1,193,095,822       100.0 %


2003-7
 
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                                                        
    345     $ 7,861,020       0.7 %
October 1, 1993 through June 30, 2006
    68,320       1,185,234,802       99.3  
July 1, 2006 and later                                                        
    0       0       0.0  
                         
Total                                              
    68,665     $ 1,193,095,822       100.0 %




2003-7
 
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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                                                                     
    1,776     $ 23,988,697       2.0 %
College Assist                                                                     
    20       617,180       0.1  
Educational Credit Management Corporation
    1,746       30,543,258       2.6  
Great Lakes Higher Education Corporation
    502       12,338,204       1.0  
Illinois Student Assistance Commission                                                                     
    1,852       27,188,176       2.3  
Kentucky Higher Education Assistance Authority
    546       6,509,286       0.5  
Louisiana Office Of Student Financial Assistance
    472       6,051,256       0.5  
Michigan Guaranty Agency                                                                     
    548       9,567,243       0.8  
Montana Guaranteed Student Loan Program
    2       1,367       *  
New Jersey Higher Education Student Assistance Authority
    1,889       28,608,709       2.4  
New York State Higher Education Services
Corporation                                                                     
    6,133       93,784,704       7.9  
Northwest Education Loan Association                                                                     
    3,546       51,455,419       4.3  
Oklahoma Guaranteed Student Loan Program
    796       11,155,201       0.9  
Pennsylvania Higher Education Assistance Agency
    3,860       57,166,844       4.8  
Student Loan Guarantee Foundation of Arkansas
    151       2,166,377       0.2  
Tennessee Student Assistance Corporation
    413       5,672,047       0.5  
Texas Guaranteed Student Loan Corporation
    2,477       43,952,053       3.7  
United Student Aid Funds, Inc.                                                                    
    41,936       782,329,802       65.6  
                         
Total                                              
    68,665     $ 1,193,095,822       100.0 %
*     Represents a percentage greater than 0% but less than 0.05%.
                       

 
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SIGNIFICANT GUARANTOR
INFORMATION

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

We obtained the following information from various sources, including from the Significant Guarantor and/or from the Department of Education.  None of the depositor, SLM ECFC, the servicer, their affiliates or the remarketing agents 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.
 
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
 
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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 %
 
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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.
 

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