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8-K - CURRENT REPORT - SLM Student Loan Trust 2004-1sl201300409-8k_20041.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 statistical cutoff date (and with respect to each additional trust student loan as of its related subsequent 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 30 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 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 February 28, 2013, 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 $2,566,038 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, 38 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.
 
 
2004-1
A-1

 
 
The following tables also contain information concerning the total number of loans and the total number of borrowers in the portfolio of trust student loans.
 
Percentages and dollar amounts in any table may not total 100% of the 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
$
1,049,367,391
 
Aggregate Outstanding Principal Balance – Treasury Bill
$
28,023,294
 
Percentage of Aggregate Outstanding Principal Balance – Treasury Bill
 
2.67
%
Aggregate Outstanding Principal Balance – One-Month LIBOR
$
1,021,344,097
 
Percentage of Aggregate Outstanding Principal Balance – One-Month LIBOR
 
97.33
%
Number of Borrowers
 
36,836
 
Average Outstanding Principal Balance Per Borrower
$
28,488
 
Number of Loans
 
64,027
 
Average Outstanding Principal Balance Per Loan – Treasury Bill
$
24,368
 
Average Outstanding Principal Balance Per Loan – One-Month LIBOR
$
16,244
 
Weighted Average Remaining Term to Scheduled Maturity
 
218 months
 
Weighted Average Annual Interest Rate
 
4.27
%

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.
 
 
 
2004-1
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%                                                        
    12,772     $ 224,809,120       21.4 %
3.01% to 3.50%                                                        
    10,942       172,708,804       16.5  
3.51% to 4.00%                                                        
    12,393       184,119,919       17.5  
4.01% to 4.50%                                                        
    15,837       225,520,487       21.5  
4.51% to 5.00%                                                        
    3,344       52,720,903       5.0  
5.01% to 5.50%                                                        
    968       19,459,037       1.9  
5.51% to 6.00%                                                        
    923       19,667,034       1.9  
6.01% to 6.50%                                                        
    1,334       26,335,962       2.5  
6.51% to 7.00%                                                        
    1,655       34,422,089       3.3  
7.01% to 7.50%                                                        
    715       15,597,347       1.5  
7.51% to 8.00%                                                        
    1,301       27,323,095       2.6  
8.01% to 8.50%                                                        
    1,397       34,565,732       3.3  
Equal to or greater than 8.51%                                                        
    446       12,117,860       1.2  
                           
            Total                                                        
    64,027     $ 1,049,367,391       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 – The Student Loan Marketing Association’s Student Loan Financing Business” in the prospectus.
 
 
2004-1
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
      4,474     $ 13,516,456       1.3 %
$5,000.00-$ 9,999.99       7,683       55,036,372       5.2  
$10,000.00-$14,999.99       4,920       62,014,301       5.9  
$15,000.00-$19,999.99       4,050       70,115,502       6.7  
$20,000.00-$24,999.99       2,813       62,769,506       6.0  
$25,000.00-$29,999.99       1,998       54,838,397       5.2  
$30,000.00-$34,999.99       1,732       56,170,646       5.4  
$35,000.00-$39,999.99       1,425       53,304,862       5.1  
$40,000.00-$44,999.99       1,076       45,624,233       4.3  
$45,000.00-$49,999.99       809       38,398,791       3.7  
$50,000.00-$54,999.99       764       40,019,254       3.8  
$55,000.00-$59,999.99       664       38,063,242       3.6  
$60,000.00-$64,999.99       504       31,468,400       3.0  
$65,000.00-$69,999.99       465       31,342,894       3.0  
$70,000.00-$74,999.99       358       25,865,879       2.5  
$75,000.00-$79,999.99       375       29,043,736       2.8  
$80,000.00-$84,999.99       280       23,079,977       2.2  
$85,000.00-$89,999.99       244       21,338,255       2.0  
$90,000.00-$94,999.99       228       21,080,402       2.0  
$95,000.00-$99,999.99       190       18,523,026       1.8  
$100,000.00 and above
      1,784       257,753,261       24.6  
                             
Total
      36,836     $ 1,049,367,391       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
    60,075     $ 971,176,834       92.5 %
31-60 days
    1,492       26,719,203       2.5  
61-90 days
    721       13,745,629       1.3  
91-120 days
    376       8,709,155       0.8  
121-150 days
    327       7,636,763       0.7  
151-180 days
    235       4,977,766       0.5  
181-210 days
    203       4,707,788       0.4  
Greater than 210 days
    598       11,694,254       1.1  
                         
             Total
    64,027     $ 1,049,367,391       100.0 %
   
 
2004-1
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           
    20     $ 6,814       *  
4 to12
    286       364,550       *  
13 to 24
    340       686,164       0.1 %
25 to 36
    1,465       2,968,441       0.3  
37 to 48
    914       3,384,331       0.3  
49 to 60
    1,156       4,946,528       0.5  
61 to 72
    8,522       33,585,241       3.2  
73 to 84
    2,906       14,256,484       1.4  
85 to 96
    2,204       13,721,804       1.3  
97 to 108
    1,938       13,581,401       1.3  
109 to 120
    2,041       17,729,017       1.7  
121 to 132
    9,022       95,360,106       9.1  
133 to 144
    3,683       45,823,226       4.4  
145 to 156
    2,370       27,954,575       2.7  
157 to 168
    1,931       25,691,703       2.4  
169 to 180
    1,914       28,602,325       2.7  
181 to 192
    5,027       82,691,902       7.9  
193 to 204
    2,063       37,267,534       3.6  
205 to 216
    1,421       27,303,403       2.6  
217 to 228
    1,195       25,147,125       2.4  
229 to 240
    1,361       32,434,404       3.1  
241 to 252
    4,235       134,395,485       12.8  
253 to 264
    1,683       58,669,437       5.6  
265 to 276
    1,165       45,825,746       4.4  
277 to 288
    1,247       58,979,798       5.6  
289 to 300
    1,272       60,656,303       5.8  
301 to 312
    911       46,969,459       4.5  
313 to 324
    544       31,668,653       3.0  
325 to 336
    356       20,910,069       2.0  
337 to 348
    236       15,449,440       1.5  
349 to 360
    318       22,485,663       2.1  
361 and above
    281       19,850,261       1.9  
                         
Total
    64,027     $ 1,049,367,391       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 – The Student Loan Marketing Association’s Student Loan Financing Business” in the prospectus.
 
 
2004-1
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
    4,361     $ 81,011,292       7.7 %
Forbearance
    3,173       71,867,696       6.8  
Repayment
                       
First year in repayment
    1,379       42,463,753       4.0  
Second year in repayment
    1,143       31,936,071       3.0  
Third year in repayment
    1,493       39,308,489       3.7  
More than 3 years in repayment
    52,478       782,780,091       74.6  
                         
Total
    64,027     $ 1,049,367,391       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 – The Student Loan Marketing Association’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 82.0 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.
 
 
2004-1
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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                                                        
 
14.0
 
-
 
243.2
Forbearance                                                        
 
-
 
4.3
 
246.1
Repayment                                                        
 
-
 
-
 
213.2

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 $81,011,292 aggregate outstanding principal balance of the trust student loans in deferment as of the statistical disclosure date, $39,137,441 or approximately 48.3% 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.

 
 
2004-1
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
    295     $ 6,016,675       0.6 %
Alaska
    110       1,798,626       0.2  
Arizona
    880       15,202,766       1.4  
Arkansas
    360       6,041,186       0.6  
California
    5,972       115,483,088       11.0  
Colorado
    953       14,403,657       1.4  
Connecticut
    930       11,915,792       1.1  
Delaware
    85       1,502,249       0.1  
District of Columbia
    226       3,550,525       0.3  
Florida
    1,960       41,171,336       3.9  
Georgia
    1,354       25,646,363       2.4  
Hawaii
    151       3,134,267       0.3  
Idaho           
    166       2,655,763       0.3  
Illinois
    2,358       36,449,201       3.5  
Indiana
    1,124       18,820,003       1.8  
Iowa           
    276       3,637,960       0.3  
Kansas
    655       9,326,994       0.9  
Kentucky
    574       8,567,473       0.8  
Louisiana
    1,580       24,842,801       2.4  
Maine
    128       1,882,347       0.2  
Maryland
    1,050       19,177,501       1.8  
Massachusetts
    1,768       24,917,582       2.4  
Michigan
    1,432       26,035,714       2.5  
Minnesota
    740       10,176,631       1.0  
Mississippi
    264       4,741,765       0.5  
Missouri
    1,055       15,372,876       1.5  
Montana
    82       1,150,606       0.1  
Nebraska
    82       1,258,217       0.1  
Nevada
    292       5,683,420       0.5  
New Hampshire
    288       3,786,183       0.4  
New Jersey
    1,207       29,048,283       2.8  
New Mexico
    209       3,592,860       0.3  
New York
    6,491       96,698,777       9.2  
North Carolina
    1,066       21,853,417       2.1  
North Dakota
    26       279,779       *  
Ohio           
    9,666       156,034,324       14.9  
Oklahoma
    1,475       20,319,375       1.9  
Oregon
    951       14,201,979       1.4  
Pennsylvania
    1,795       32,626,342       3.1  
Rhode Island
    142       2,521,886       0.2  
South Carolina
    352       5,950,459       0.6  
South Dakota
    49       856,560       0.1  
Tennessee
    1,018       16,099,605       1.5  
Texas
    7,076       104,762,906       10.0  
Utah           
    182       4,557,330       0.4  
Vermont
    86       1,231,702       0.1  
Virginia
    1,584       23,449,652       2.2  
Washington
    2,076       29,329,107       2.8  
West Virginia
    159       2,316,610       0.2  
Wisconsin
    755       10,583,125       1.0  
Wyoming
    36       679,875       0.1  
Other           
    436       8,023,869       0.8  
                         
Total
    64,027     $ 1,049,367,391       100.0 %
*     Represents a percentage greater than 0% but less than 0.05%.
 
2004-1
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.
 
 
2004-1
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
    40,767     $ 557,863,099       53.2 %
Other Repayment Options(1) 
    23,260       491,504,292       46.8  
                   
Total
    64,027     $ 1,049,367,391       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 2,227 loans with an aggregate outstanding principal balance of $68,798,633 currently in an interest-only period.  These interest-only loans represent approximately 6.6% 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
    32,385     $ 461,958,385       44.0 %
Unsubsidized
    31,642       587,409,006       56.0  
                         
Total
    64,027     $ 1,049,367,391       100.0 %
   
 
 
2004-1
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                                                        
    75     $ 1,531,296       0.1 %
October 1, 1993 through June 30, 2006
    63,952       1,047,836,095       99.9  
July 1, 2006 and later                                                        
    0       0       0.0  
                         
Total                                              
    64,027     $ 1,049,367,391       100.0 %

 
 
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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                                                                     
    1,857     $ 23,668,831       2.3 %
College Assist                                                                     
    18       245,909       *  
Educational Credit Management Corporation
    972       16,164,711       1.5  
Great Lakes Higher Education Corporation
    678       10,947,266       1.0  
Illinois Student Assistance Commission                                                                     
    2,199       27,042,491       2.6  
Kentucky Higher Education Assistance Authority
    469       5,099,035       0.5  
Louisiana Office Of Student Financial Assistance
    925       12,454,132       1.2  
Michigan Guaranty Agency                                                                     
    1,174       17,072,158       1.6  
New Jersey Higher Education Student Assistance Authority
    4,504       58,921,051       5.6  
New York State Higher Education Services
Corporation                                                                     
    12,541       173,305,890       16.5  
Northwest Education Loan Association                                                                     
    6,147       83,195,786       7.9  
Oklahoma Guaranteed Student Loan Program
    1,045       14,005,040       1.3  
Pennsylvania Higher Education Assistance Agency
    4,776       66,285,996       6.3  
Student Loan Guarantee Foundation of Arkansas
    289       4,250,459       0.4  
Tennessee Student Assistance Corporation
    1,034       13,794,443       1.3  
Texas Guaranteed Student Loan Corporation
    7,283       106,794,481       10.2  
United Student Aid Funds, Inc.                                                        
    18,116       416,119,712       39.7  
                         
Total                                              
    64,027     $ 1,049,367,391       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 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.
 
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
 
 
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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, 2012, USA Funds held net assets on behalf of the federal reserve fund of approximately $235 million. Through September 30, 2012, 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 $66.5 billion.  Also, as of September 30, 2012, USA Funds had operating fund assets totaling slightly over $1 billion, which includes the $235 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
2008
2009
2010
2011
2012
United Student Aid Funds, Inc.                                                                   
0.33%
0.38%
0.40%
0.39%
0.35%
 
 
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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
2008
2009
2010
2011
2012
United Student Aid Funds, Inc.
$17,202
$20,067
$7,705
N/A
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
2008
2009
2010
2011
2012
United Student Aid Funds, Inc.
45.60%
36.19%
32.90%
32.17%
31.82%

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
2008
2009
2010
2011
2012
United Student Aid Funds, Inc.                                                                   
2.07%
1.92%
1.69%
1.69%
1.58%

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 – 4.76 percent; 2011 – 4.74 percent; 2010 – 4.70 percent; 2009 – 4.62 percent; 2008 – 4.26 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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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, 2012, HESC had total FFELP assets of approximately $159.8 million (including balances for both the Federal Fund and the Agency Operating Fund) and had a total of approximately $19.6 billion in original principal amount of loans outstanding.
 

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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
2008
2009
2010
2011
2012
New York State Higher Education Services Corporation
$3,551
$3,642
$799
$0
$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
2008
2009
2010
2011
2012
New York State Higher Education Services Corporation
0.29%
0.30%
0.33%
0.28%
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
2008
2009
2010
2011
2012
New York State Higher Education Services Corporation
32.12%
23.64%
23.46%
26.68%
27.26%
 
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
2008
2009
2010
2011
2012
New York State Higher Education Services Corporation
1.60%
1.93%
1.86%
2.17%
1.59%

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.


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TEXAS GUARANTEED STUDENT LOAN CORPORATION

Guaranty Volume.  The following table sets forth the approximate aggregate principal amount of federally reinsured education loans (including loans under the Parent Loans for Undergraduate Students (“PLUS”) program but excluding Federal Consolidation Loans) that have first become guaranteed in each of the following federal fiscal years calculated by subtracting the prior year end Form 2000 Line AR1 from that of the current year.

 
Stafford SLS and PLUS Loans Guaranteed
 
Federal Fiscal Year (ending September 30)
 
($ in millions)
Guarantor
2008
2009
2010
2011
2012
Texas Guaranteed Student Loan Corporation(1)
$7,256
$10,324
$2,956
-
-
 
(1)    
Information from TGSLC was provided by TGSLC from reports provided by or to the U.S. Department of Education and has not been verified by TGSLC.  No representation is made by TGSLC as to the accuracy or completeness of the information.
 
Reserve Ratio.  The reserve ratio is determined by dividing its cumulative federal fund cash and investment reserves, by the original principal amount of the outstanding loans guaranteed.  The term “cumulative cash reserves” means the difference between sources and uses of monies in the federal reserve fund.  The following table sets forth the respective reserve ratio for the following fiscal years:

 
Reserve Ratio
 
Federal Fiscal Year (ending September 30)
Guarantor
2008
2009
2010
2011
2012
Texas Guaranteed Student Loan Corporation(1)
0.905%
0.980%
1.470%
1.667%
2.261%
 
(1)    
Information from TGSLC was provided by TGSLC from reports provided by or to the U.S. Department of Education and has not been verified by TGSLC.  No representation is made by TGSLC as to the accuracy or completeness of the information.

Recovery Rates. Determined by dividing the cumulative amount recovered from borrowers (prior year total plus current year Form 2000 Lines MR 10,10A, 11A, 11B, 12A, 13A, 17,19 and 27) by the cumulative amount of default claims paid (Form 2000 Line AR 8).  The table below sets forth the recovery rates for the following fiscal years:

 
Recovery Rate
 
Federal Fiscal Year
(ending September 30)
Guarantor
2008
2009
2010
2011
2012
Texas Guaranteed Student Loan Corporation(1)
83.2%
82.7%
84.4%
85.7%
88.4%
 
(1)    
Information from TGSLC was provided by TGSLC from reports provided by or to the U.S. Department of Education and has not been verified by TGSLC.  No representation is made by TGSLC as to the accuracy or completeness of the information.

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Claims Rate.  For the following federal fiscal years, the claims rate is as follows:

 
Claims Rate
 
Federal Fiscal Year
(ending September 30)
 
($ in millions)
Guarantor
2008
2009
2010
2011
2012
Texas Guaranteed Student Loan Corporation(1)
3.32%
3.40%
2.99%
3.56%
3.13%
 
(1)    
Information from TGSLC was provided by TGSLC from reports provided by or to the U.S. Department of Education and has not been verified by TGSLC.  No representation is made by TGSLC as to the accuracy or completeness of the information.
 
Pursuant to the Health Care and Education Affordability Reconciliation Act which amended the Higher Education Act of 1965, the origination of federal student loans under FFELP after June 30, 2010 was discontinued.

Eligible FFELP loans selected for sale (“put”) to the Department of Education at the lenders option under provisions of The Ensuring Continued Access to Student Loans Act or consolidated into the Federal Direct Loan Program at the borrowers option under the Federal government’s temporary fiscal year 2012 initiative have been removed from Texas Guaranteed Student Loan Corporation’s portfolio.

Texas Guaranteed Student Loan Corporation can be contacted at P.O. Box 83100, Round Rock, Texas 78683 (Telephone:  (800) 252-9743) or at www.tgslc.org.




 
 
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