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8-K - CURRENT REPORT - SLM Student Loan Trust 2003-1sl20131204-8k_20031.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 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, 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 $3,676,902 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, 9 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
 
 
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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 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
$
836,887,939
 
Aggregate Outstanding Principal Balance – Treasury Bill
$
115,166,546
 
Percentage of Aggregate Outstanding Principal Balance – Treasury Bill
 
13.76
%
Aggregate Outstanding Principal Balance – One-Month LIBOR
$
721,721,393
 
Percentage of Aggregate Outstanding Principal Balance – One-Month LIBOR
 
86.24
%
Number of Borrowers
 
24,095
 
Average Outstanding Principal Balance Per Borrower
$
34,733
 
Number of Loans
 
41,124
 
Average Outstanding Principal Balance Per Loan – Treasury Bill
$
26,240
 
Average Outstanding Principal Balance Per Loan – One-Month LIBOR
$
19,647
 
Weighted Average Remaining Term to Scheduled Maturity
 
195 months
 
Weighted Average Annual Interest Rate
 
7.32
%
 
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 0.00% 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.
 
 
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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     $ 6,322       *  
3.01% to 3.50%
    3       88,975       *  
3.51% to 4.00%
    2       54,692       *  
4.01% to 4.50%
    0       0       0.0 %
4.51% to 5.00%
    29       243,043       *  
5.01% to 5.50%
    644       8,712,519       1.0  
5.51% to 6.00%
    3,586       55,198,765       6.6  
6.01% to 6.50%
    7,404       126,782,810       15.1  
6.51% to 7.00%
    12,113       216,596,590       25.9  
7.01% to 7.50%
    2,428       50,283,042       6.0  
7.51% to 8.00%
    5,760       138,154,189       16.5  
8.01% to 8.50%
    7,632       192,031,746       22.9  
Equal to or greater than 8.51%
    1,522       48,735,246       5.8  
                         
            Total
    41,124     $ 836,887,939       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.

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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
    2,883     $ 8,134,395       1.0 %
$  5,000.00-$ 9,999.99
    2,606       19,165,471       2.3  
$10,000.00-$14,999.99
    3,118       39,119,419       4.7  
$15,000.00-$19,999.99
    2,621       45,428,698       5.4  
$20,000.00-$24,999.99
    1,907       42,672,258       5.1  
$25,000.00-$29,999.99
    1,588       43,581,187       5.2  
$30,000.00-$34,999.99
    1,433       46,398,104       5.5  
$35,000.00-$39,999.99
    1,138       42,559,407       5.1  
$40,000.00-$44,999.99
    892       37,799,109       4.5  
$45,000.00-$49,999.99
    738       35,067,554       4.2  
$50,000.00-$54,999.99
    707       37,026,173       4.4  
$55,000.00-$59,999.99
    549       31,553,207       3.8  
$60,000.00-$64,999.99
    493       30,832,080       3.7  
$65,000.00-$69,999.99
    419       28,263,881       3.4  
$70,000.00-$74,999.99
    377       27,323,254       3.3  
$75,000.00-$79,999.99
    313       24,198,327       2.9  
$80,000.00-$84,999.99
    252       20,790,707       2.5  
$85,000.00-$89,999.99
    271       23,721,707       2.8  
$90,000.00-$94,999.99
    184       17,001,830       2.0  
$95,000.00-$99,999.99
    156       15,171,014       1.8  
$100,000.00 and above
    1,450       221,080,157       26.4  
                         
               Total
    24,095     $ 836,887,939       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
    37,648     $ 733,808,204       87.7 %
31-60 days
    1,202       33,819,717       4.0  
61-90 days
    542       16,519,664       2.0  
91-120 days
    440       14,567,134       1.7  
121-150 days
    294       8,286,071       1.0  
151-180 days
    237       7,424,867       0.9  
181-210 days
    191       4,870,431       0.6  
Greater than 210 days
    570       17,591,851       2.1  
                         
             Total
    41,124     $ 836,887,939       100.0 %
   

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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           
    66     $ 21,314       *  
4 to12
    307       278,145       *  
13 to 24
    657       1,412,686       0.2 %
25 to 36
    1,173       3,822,091       0.5  
37 to 48
    2,551       8,900,584       1.1  
49 to 60
    1,216       7,049,402       0.8  
61 to 72
    1,217       8,613,328       1.0  
73 to 84
    1,570       12,913,151       1.5  
85 to 96
    2,290       21,407,227       2.6  
97 to 108
    4,466       40,532,328       4.8  
109 to 120
    2,024       24,761,033       3.0  
121 to 132
    2,619       57,298,771       6.8  
133 to 144
    2,318       55,612,909       6.6  
145 to 156
    2,269       49,329,196       5.9  
157 to 168
    3,151       64,115,170       7.7  
169 to 180
    1,648       36,216,463       4.3  
181 to 192
    1,298       31,533,437       3.8  
193 to 204
    1,233       32,741,466       3.9  
205 to 216
    1,431       40,684,533       4.9  
217 to 228
    2,033       63,392,856       7.6  
229 to 240
    1,133       39,534,301       4.7  
241 to 252
    881       31,790,765       3.8  
253 to 264
    632       25,998,336       3.1  
265 to 276
    597       28,006,823       3.3  
277 to 288
    586       30,005,956       3.6  
289 to 300
    514       26,604,014       3.2  
301 to 312
    393       21,777,564       2.6  
313 to 324
    144       8,701,587       1.0  
325 to 336
    106       7,752,353       0.9  
337 to 348
    122       9,329,169       1.1  
349 to 360
    186       18,009,705       2.2  
361 and above
    293       28,741,278       3.4  
                         
Total
    41,124     $ 836,887,939       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.
 
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 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
    3,082     $ 84,047,824       10.0 %
Forbearance
    2,803       86,344,134       10.3  
Repayment
                       
First year in repayment
    831       38,529,378       4.6  
Second year in repayment
    725       30,338,044       3.6  
Third year in repayment
    839       30,532,699       3.6  
More than 3 years in repayment
    32,844       567,095,861       67.8  
                         
Total
    41,124     $ 836,887,939       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 94.7 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.

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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                                                        
 
15.7
 
-
 
233.2
Forbearance                                                        
 
-
 
8.9
 
238.1
Repayment                                                        
 
-
 
-
 
185.1
             

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 $84,047,824 aggregate outstanding principal balance of the trust student loans in deferment as of the statistical disclosure date, $31,506,135 or approximately 37.5% 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 original prospectus.

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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
    484     $ 10,671,504       1.3 %
Alaska
    82       1,273,111       0.2  
Arizona
    917       18,945,566       2.3  
Arkansas
    474       8,809,459       1.1  
California
    4,729       107,379,259       12.8  
Colorado
    919       16,981,494       2.0  
Connecticut
    308       5,949,889       0.7  
Delaware
    91       2,141,134       0.3  
District of Columbia
    156       3,989,855       0.5  
Florida
    2,097       49,193,276       5.9  
Georgia
    1,470       33,926,366       4.1  
Hawaii
    149       2,633,701       0.3  
Idaho           
    225       4,447,036       0.5  
Illinois
    2,049       36,917,748       4.4  
Indiana
    608       9,758,674       1.2  
Iowa           
    356       5,188,022       0.6  
Kansas
    1,015       17,033,881       2.0  
Kentucky
    312       5,797,130       0.7  
Louisiana
    1,434       30,205,444       3.6  
Maine
    102       1,904,248       0.2  
Maryland
    793       19,428,375       2.3  
Massachusetts
    611       12,824,100       1.5  
Michigan
    1,441       31,097,012       3.7  
Minnesota
    1,109       17,692,246       2.1  
Mississippi
    571       11,222,451       1.3  
Missouri
    1,289       25,352,898       3.0  
Montana
    120       2,076,355       0.2  
Nebraska
    164       3,146,403       0.4  
Nevada
    329       6,681,635       0.8  
New Hampshire
    112       2,256,458       0.3  
New Jersey
    609       13,594,634       1.6  
New Mexico
    153       3,402,990       0.4  
New York
    1,643       35,096,776       4.2  
North Carolina
    713       14,673,142       1.8  
North Dakota
    51       634,763       0.1  
Ohio           
    234       4,273,137       0.5  
Oklahoma
    1,138       19,893,479       2.4  
Oregon
    994       20,798,294       2.5  
Pennsylvania
    962       18,161,304       2.2  
Rhode Island
    55       1,072,722       0.1  
South Carolina
    351       7,588,685       0.9  
South Dakota
    74       1,219,112       0.1  
Tennessee
    1,007       20,715,334       2.5  
Texas
    4,073       82,976,185       9.9  
Utah           
    177       3,508,804       0.4  
Vermont
    34       829,077       0.1  
Virginia
    908       16,971,927       2.0  
Washington
    1,932       36,038,886       4.3  
West Virginia
    105       1,837,983       0.2  
Wisconsin
    939       19,024,370       2.3  
Wyoming
    65       1,032,389       0.1  
Other           
    391       8,619,221       1.0  
                         
Total
    41,124     $ 836,887,939       100.0 %
   

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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.

2003-1
 
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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
    20,394     $ 342,854,990       41.0 %
Other Repayment Options(1) 
    20,730       494,032,949       59.0  
                         
Total
    41,124     $ 836,887,939       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 1,601 loans with an aggregate outstanding principal balance of $59,325,663 currently in an interest-only period.  These interest-only loans represent approximately 7.1% 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
    20,367     $ 378,928,688       45.3 %
Unsubsidized
    20,757       457,959,251       54.7  
                         
Total
    41,124     $ 836,887,939       100.0 %
   

2003-1
 
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                                                        
    183     $ 3,901,710       0.5 %
October 1, 1993 through June 30, 2006
    40,941       832,986,229       99.5  
July 1, 2006 and later                                                        
    0       0       0.0  
                         
Total                                              
    41,124     $ 836,887,939       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                                                                    
    2,612     $ 36,880,419       4.4 %
College Assist                                                                    
    137       2,662,130       0.3  
Educational Credit Management Corporation
    1,303       30,350,426       3.6  
Great Lakes Higher Education Corporation
    1,219       27,817,607       3.3  
Illinois Student Assistance Commission
    1,904       32,173,394       3.8  
Kentucky Higher Education Assistance Authority
    195       3,566,884       0.4  
Louisiana Office Of Student Financial Assistance
    603       9,783,635       1.2  
Michigan Guaranty Agency                                                                    
    938       17,759,605       2.1  
Montana Guaranteed Student Loan Program
    10       121,675       *  
New Jersey Higher Education Student Assistance Authority
    411       7,961,984       1.0  
New York State Higher Education Services Corporation
    2,184       45,567,690       5.4  
Northwest Education Loan Association                                                                    
    1,620       27,539,044       3.3  
Oklahoma Guaranteed Student Loan Program
    1,231       21,400,765       2.6  
Pennsylvania Higher Education Assistance Agency
    4,098       82,664,906       9.9  
Student Loan Guarantee Foundation of Arkansas
    311       5,003,197       0.6  
Tennessee Student Assistance Corporation
    750       13,310,387       1.6  
Texas Guaranteed Student Loan Corporation
    3,775       73,491,827       8.8  
United Student Aid Funds, Inc.                                                                    
    17,823       398,832,367       47.7  
                         
Total                                              
    41,124     $ 836,887,939       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 related Significant Guarantor and/or from the Department of Education.  None of the depositor, the sellers, the servicer, their affiliates or the underwriters 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, 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: 2012 – 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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