Attached files

file filename
10-K - 10-K - DISCOVER CARD MASTER TRUST Id693690d10k.htm
EX-23.2 - EX-23.2 - DISCOVER CARD MASTER TRUST Id693690dex232.htm
EX-33.1 - EX-33.1 - DISCOVER CARD MASTER TRUST Id693690dex331.htm
EX-35.3 - EX-35.3 - DISCOVER CARD MASTER TRUST Id693690dex353.htm
EX-34.1 - EX-34.1 - DISCOVER CARD MASTER TRUST Id693690dex341.htm
EX-23.3 - EX-23.3 - DISCOVER CARD MASTER TRUST Id693690dex233.htm
EX-34.4 - EX-34.4 - DISCOVER CARD MASTER TRUST Id693690dex344.htm
EX-31.1 - EX-31.1 - DISCOVER CARD MASTER TRUST Id693690dex311.htm
EX-35.1 - EX-35.1 - DISCOVER CARD MASTER TRUST Id693690dex351.htm
EX-33.4 - EX-33.4 - DISCOVER CARD MASTER TRUST Id693690dex334.htm
EX-35.4 - EX-35.4 - DISCOVER CARD MASTER TRUST Id693690dex354.htm
EX-23.1 - EX-23.1 - DISCOVER CARD MASTER TRUST Id693690dex231.htm
EX-33.2 - EX-33.2 - DISCOVER CARD MASTER TRUST Id693690dex332.htm
EX-34.2 - EX-34.2 - DISCOVER CARD MASTER TRUST Id693690dex342.htm
EX-34.3 - EX-34.3 - DISCOVER CARD MASTER TRUST Id693690dex343.htm
EX-33.5 - EX-33.5 - DISCOVER CARD MASTER TRUST Id693690dex335.htm
EX-35.2 - EX-35.2 - DISCOVER CARD MASTER TRUST Id693690dex352.htm
EX-34.5 - EX-34.5 - DISCOVER CARD MASTER TRUST Id693690dex345.htm

Exhibit 33.3

Management’s Assertion on

Compliance with Regulation AB Criteria

DB Servicing Corporation (“DBSC” or the “Asserting Party”) is responsible for assessing its compliance, (i) as of and for the one-month period ended December 31, 2012 (the “Transition Period”), with the servicing criteria applicable to it in connection with the Servicing Agreement dated January 1, 2011 by and between DBSC and Discover Bank and (ii) as of and for the year ended December 31, 2013 (together with the Transition Period, the “Reporting Period”), with the servicing criteria applicable to it in connection with the Master Services Agreement, between Discover Financial Services, Discover Bank, DBSC, Discover Products Inc. and other affiliated entities, dated as of January 1, 2013 (as amended and restated by the Amended and Restated Services Addendum, between DBSC and Discover Bank, dated as of August 15, 2013). The Asserting Party used the criteria set forth in Item 1122(d) of Regulation AB, excluding the criteria set forth in Items 1122 (d)(1)(i), (d)(1)(iii), (d)(1)(iv), (d)(2)(ii), (d)(2)(iii), (d)(2)(iv), (d)(2)(v), (d)(2)(vi), (d)(2)(vii), (d)(3)(i), (d)(3)(ii), (d)(3)(iii), (d)(3)(iv), (d)(4)(i), (d)(4)(ii), (d)(4)(iii), (d)(4)(v), (d)(4)(x), (d)(4)(xi), (d)(4)(xii), (d)(4)(xiii), and (d)(4)(xv) of Regulation AB, which the Asserting Party has concluded are not applicable to the activities it performs with respect to the asset-backed securities transactions covered by this report (such applicable criteria, after giving effect to the exclusions identified above, the “Applicable Servicing Criteria”), to assess such compliance. The transactions covered by this report include all asset-backed securities transactions involving credit card receivables conducted by Discover Card Master Trust I and Discover Card Execution Note Trust that were registered with the Securities and Exchange Commission pursuant to the Securities Act of 1933, as amended, or were not required to be registered where the related asset-backed securities were outstanding during the Reporting Period (the “Platform”), as listed in Appendix A.

With respect to servicing criteria 1122(d)(2)(i) and 1122(d)(4)(iv) for the Reporting Period defined above, the Asserting Party has engaged vendors to perform certain limited payment activities required by these servicing criteria. With respect to servicing criteria 1122(d)(4)(vii) and 1122(d)(4)(viii) for the Reporting Period defined above, the Asserting Party has engaged vendors to perform the collection activities required by these servicing criteria for a limited number of accounts that were delegated to such vendors. The Asserting Party has determined that none of these vendors engaged for either payment or collection activities is a “servicer” as defined in Item 1101(j) of Regulation AB, and the Asserting Party has elected to take responsibility for assessing compliance with the servicing criteria applicable to each vendor as permitted by Interpretation 17.06 of the SEC Division of Corporation Finance Manual of Publicly Available Telephone Interpretations (“Interpretation 17.06”). The Asserting Party has policies and procedures in place to provide reasonable assurance that each vendor’s activities comply in all material respects with the servicing criteria applicable to such vendor.

DBSC has assessed its compliance with the Applicable Servicing Criteria, including servicing criteria for which compliance is determined based on Interpretation 17.06 as


described above, for the Reporting Period and has concluded that the Asserting Party has complied, in all material respects, with the Applicable Servicing Criteria for the Reporting Period with respect to the Platform taken as a whole.

Deloitte & Touche LLP, an independent registered public accounting firm, has issued an attestation report for the Platform on the assessment of compliance with the Applicable Servicing Criteria for the Reporting Period as set forth in this assertion.

 

  DB Servicing Corporation
By:  

/s/ Roger C. Hochschild

  Roger C. Hochschild,
  President

Date: March 21, 2014


Appendix A

Series 2005-4:

Subseries 2, Class A Credit Card Pass-Through Certificates

Subseries 2, Class B Credit Card Pass-Through Certificates

Series 2006-2:

Subseries 3, Class A Credit Card Pass-Through Certificates

Subseries 3, Class B Credit Card Pass-Through Certificates

Series 2007-2:

Class A Credit Card Pass-Through Certificates

Class B Credit Card Pass-Through Certificates

Series 2009-CE:

Series 2009-CE Credit Card Pass-Through Certificate

Series 2007-CC:

Class A (2007-1) DiscoverSeries Notes

Class A (2007-2) DiscoverSeries Notes

Class A (2008-4) DiscoverSeries Notes

Class A (2008-C) DiscoverSeries Notes

Class A (2010-1) DiscoverSeries Notes

Class A (2010-A) DiscoverSeries Notes

Class A (2010-B) DiscoverSeries Notes

Class A (2010-C) DiscoverSeries Notes

Class A (2010-2) DiscoverSeries Notes

Class A (2010-D) DiscoverSeries Notes

Class A (2010-E) DiscoverSeries Notes

Class A (2011-A) DiscoverSeries Notes

Class A (2011-B) DiscoverSeries Notes

Class A (2011-1) DiscoverSeries Notes

Class A (2011-C) DiscoverSeries Notes

Class A (2011-2) DiscoverSeries Notes

Class A (2011-3) DiscoverSeries Notes

Class A (2011-4) DiscoverSeries Notes

Class A (2012-1) DiscoverSeries Notes

Class A (2012-A) DiscoverSeries Notes

Class A (2012-2) DiscoverSeries Notes

Class A (2012-3) DiscoverSeries Notes

Class A (2012-4) DiscoverSeries Notes

Class A (2012-5) DiscoverSeries Notes

Class A (2012-6) DiscoverSeries Notes


Class A (2013-1) DiscoverSeries Notes

Class A (2013-2) DiscoverSeries Notes

Class A (2013-3) DiscoverSeries Notes

Class A (2013-4) DiscoverSeries Notes

Class A (2013-5) DiscoverSeries Notes

Class A (2013-6) DiscoverSeries Notes

Class B (2007-1) DiscoverSeries Notes

Class B (2011-1) DiscoverSeries Notes

Class B (2011-2) DiscoverSeries Notes

Class B (2011-3) DiscoverSeries Notes

Class B (2012-1) DiscoverSeries Notes

Class B (2012-2) DiscoverSeries Notes

Class B (2012-3) DiscoverSeries Notes

Class B (2013-1) Discover Series Notes

Class C (2011-1) DiscoverSeries Notes

Class C (2011-2) DiscoverSeries Notes

Class C (2011-3) DiscoverSeries Notes

Class C (2012-1) DiscoverSeries Notes

Class C (2012-2) DiscoverSeries Notes

Class C (2012-3) DiscoverSeries Notes

Class C (2013-1) Discover Series Notes

Class D (2009-1) DiscoverSeries Notes