COMM 2012-CCRE3 Mortgage Trust - FORM 10-K - EX-33 - EXHIBIT 33.6 - March 29, 2013

Attached files

file filename
EX-33 - EXHIBIT 33.8 - COMM 2012-CCRE3 Mortgage Trustex338pblsassert.htm
10-K - FORM 10-K - COMM 2012-CCRE3 Mortgage TrustDB12C310k-2012.txt
EX-31 - EXHIBIT 31 - COMM 2012-CCRE3 Mortgage Trustex31.txt
EX-33 - EXHIBIT 33.3 - COMM 2012-CCRE3 Mortgage Trustex333dbassert.htm
EX-33 - EXHIBIT 33.4 - COMM 2012-CCRE3 Mortgage Trustex334coreassert.htm
EX-33 - EXHIBIT 33.1 - COMM 2012-CCRE3 Mortgage Trustex331wellsassert.htm
EX-33 - EXHIBIT 33.7 - COMM 2012-CCRE3 Mortgage Trustex337wellsassert.htm
EX-33 - EXHIBIT 33.2 - COMM 2012-CCRE3 Mortgage Trustex332midlandassert.htm
EX-33 - EXHIBIT 33.5 - COMM 2012-CCRE3 Mortgage Trustex335nationalassert.htm
EX-34 - EXHIBIT 34.3 - COMM 2012-CCRE3 Mortgage Trustex343dbattest.htm
EX-35 - EXHIBIT 35.1 - COMM 2012-CCRE3 Mortgage Trustex351wellsasoc.htm
EX-34 - EXHIBIT 34.8 - COMM 2012-CCRE3 Mortgage Trustex348pblsattest.htm
EX-35 - EXHIBIT 35.6 - COMM 2012-CCRE3 Mortgage Trustex356torchsasoc.htm
EX-34 - EXHIBIT 34.4 - COMM 2012-CCRE3 Mortgage Trustex344coreattest.htm
EX-33 - EXHIBIT 33.9 - COMM 2012-CCRE3 Mortgage Trustex339torchassert.htm
EX-34 - EXHIBIT 34.9 - COMM 2012-CCRE3 Mortgage Trustex349torchattest.htm
EX-35 - EXHIBIT 35.2 - COMM 2012-CCRE3 Mortgage Trustex352midlandasoc.htm
EX-34 - EXHIBIT 34.6 - COMM 2012-CCRE3 Mortgage Trustex346situsattest.htm
EX-34 - EXHIBIT 34.1 - COMM 2012-CCRE3 Mortgage Trustex341wellsattest.htm
EX-34 - EXHIBIT 34.7 - COMM 2012-CCRE3 Mortgage Trustex347wellsattest.htm
EX-34 - EXHIBIT 34.2 - COMM 2012-CCRE3 Mortgage Trustex342midlandattest.htm
EX-34 - EXHIBIT 34.5 - COMM 2012-CCRE3 Mortgage Trustex345nationalattest.htm
EX-35 - EXHIBIT 35.4 - COMM 2012-CCRE3 Mortgage Trustex354dbasoccustodian.htm
EX-35 - EXHIBIT 35.3 - COMM 2012-CCRE3 Mortgage Trustex353dbasoccertadmin.htm
EX-35 - EXHIBIT 35.5 - COMM 2012-CCRE3 Mortgage Trustex355wellscompanionasoc.htm

 

 

 

 

 

 

Certification Regarding Compliance with Applicable Servicing Criteria

 

1.Situs Holdings, LLC (the "Company" or "Situs"), is responsible for assessing compliance with the servicng criteria applicable to it in Item 1122(d)(3)(i), and Item 1122(d)(4)(vii) of Regulation AB, as of December 31, 2012 and for the period June 1, 2012 through December 31, 2012 (the "Reporting Period"), as set forth in Appendix A hereto. The deals covered by this report include deals in which Situs acted in the capacity of Operating or Trust Advisor, as listed in Appendix B;

 

2.Situs used the criteria set forth in Item 1122(d)(3)(i), and Item 1122(d)(4)(vii) of Regulation AB (defined in Appendix A) to assess the compliance with the applicable servicing criteria;

 

3.Pursuant to Item 1117 of Regulation AB (defined in Appendix A), the Company has determined that there are no pending legal proceedings or proceedings by governmental authorities against the Company that ore material to security owners of the deals as listed in Appendix B;

 

4.Pursuant to Item 1119 of Regulation AB, (defined in Appendix A) the Company has determined that there ore no affiliate relationships, as defined in paragraph 230.405 of Item 1119, that currently exist, or existed within the past two years, between Situs Holdings, LLC and any of the named Servicers, Special Servicers, Trustees, or Originators included in the deals as listed in Appendix B;

 

5.During the reporting period, there were no loans within the deals listed in Appendix B referred to Special Servicing, therefore Situs did not perform any Operating or Trust Advisor activities related to Item 1122(d)(3)(i) and Item 1122(d)(4)(vii);

 

6.Situs has complied, in all material respects, with the applicable servicing criteria as of December 31, 201 2 and for the Reporting Period with respect to the deals listed in Appendix B taken as a whole;

 

7.Grant Thornton LLP, an independent registered public accounting firm, has issued an attestation report on Situs' assessment of compliance with the applicable servicing criteria for the Reporting Period.

 

Situs Holdings LLC

March 15, 2013

 

 

By: /s/ Linda Sanshez

Linda Sanchez

Managing Director

 
 

 

 

APPENDIX A

 

SERVICING CRITERIA
Reference Criteria
Item 1117 Describe briefly any legal proceedings pending against the sponsor, depositor, trustee, issuing entity, servicer contemplated by Item 1108(o)(3) of this Regulation AB, originator contemplated by Item 1110(b) of this Regulation AB, or other party contemplated by Item 1100(d)(1) of this Regulation AB, or of which any property of the foregoing is the subject, that is material to security holders. Include similar information as to any such proceedings known to be contemplated by governmental authorities.
Item 1119

(a) Describe if so, and how, the sponsor, depositor or issuing entity is on affiliate (as defined in §230.405 of this chapter) of any of the following parties as well as, to the extent known and material, if so, and how, any of the following parties ore affiliates of any of the other following parties:

(1) Servicer contemplated by Item 1108(o)(3) of this Regulation AB.

(2) Trustee.

(3) Originator contemplated by Item 1110 of this Regulation AB.

(4) Significant obligor contemplated by Item 1112 of this Regulation AB.

(5) Enhancement or support provider contemplated by Items 1114 or 1115 of this Regulation AB.

(6) Any other material parties related to the asset-backed securities contemplated by Item 1100(d)(1) of this Regulation AB.

(b) Describe whether there is, and if so the general character of, any business relationship, agreement, arrangement, transaction or understanding that is entered into outside the ordinary course of business or is on terms other than would be obtained in on arm's length transaction with on unrelated third party, apart from the asset-backed securities transaction, between the sponsor, depositor or issuing entity and any of the parties in paragraphs (o)(1) through (o)(6) of this section, or any affiliates of such parties, that currently exists or that existed during the post two years and that is material to on investor's understanding of the asset-backed securities.

Item 1122(d)(3)(i) Reports to investors, including those to be filed with the Commission, ore maintained in accordance with the transaction agreements and applicable Commission requirements. Specifically, such reports:(A) Are prepared in accordance with timeframes and other terms set forth in the transaction agreements;(8) Provide information calculated in accordance with the terms specified in the transaction agreements;(C) Are filed with the Commission as required by its rules and regulations; and (D) Agree with investors' or the trustee's records as to the total unpaid principal balance and number of pool assets serviced by the servicer.
Item 1122(d)(4)(vii) Loss mitigation or recovery actions (e.g., forbearance plans, modifications and deeds in lieu of foreclosure, foreclosures and repossessions, as applicable) ore initiated, conducted and concluded in accordance with the timeframes or other requirements established by the transaction agreements.

 

 
 

 

 

 

 

APPENDIX B

 

 

Deals for which Situs Acted as the
Operating or Trust Advisor
During the Reporting Period
Deal Name Operating or
Trust Advisor
Appointment Date
CGMT 2012-GCS 9/27/12
COMM 2012-CCRE3 10/8/12
GS 2012-GCJ7 6/1/12
MSBAM 2012-CS 7/30/12
MSBAM 2012-C6 10/17/12
Northstar 2012-1 11/20/12