Attached files
EX-33.1
Assessment Regarding Compliance with Applicable Servicing Criteria
1. Bank of America, National Association (the "Servicer") is responsible for
assessing its compliance as of the dates listed in Appendix B hereto and for
the periods then ended (the "Reporting Period") with the servicing criteria
applicable to it under paragraph (d) of Item 1122 of Regulation AB as set
forth in Appendix A hereto, in connection with the asset-backed securities
transactions listed in Attachment B hereto involving commercial mortgage loan
transactions that involved an offer or sale of asset-backed securities that
were required to be registered on or after January 1, 2006 with the
Securities and Exchange Commission pursuant to the Securities Act of 1933
(the "Platform");
2. The Servicer has engaged a certain vendor (the "Vendor") to perform certain
specific, limited or scripted activities during the Reporting Periods,
related to portions of the servicing criteria as set forth in Appendix A
hereto (such portions of the servicing criteria include, and only include,
Item 1122(d)(2)(i) (only with respect to standard lockbox processing by
depositing checks into the appropriate account indicated by the Servicer).
The Servicer has elected to take responsibility for assessing compliance with
the portion of the servicing criteria performed by such Vendor;
3. Except as set forth in paragraph 4 below, the Servicer used the criteria set
forth in paragraph (d) of Item 1122 of Regulation AB to assess the compliance
with the applicable servicing criteria;
4. The criteria (or portions of criteria) denoted as inapplicable in Appendix A
hereto are inapplicable to the Servicer based on the activities it performs
with respect to the Platform;
5. The Servicer has complied, in all material respects, with the applicable
servicing criteria for the Reporting Periods with respect to the Platform;
6. The Servicer has not identified and is not aware of any material instance of
noncompliance by the Vendor with the applicable servicing criterion for the
Reporting Periods with respect to the Platform;
7. The Servicer has not identified any material deficiency in its policies and
procedures to monitor the compliance by the Vendor with the applicable
servicing criterion for the Reporting Periods with respect to the Platform;
and
8. PricewaterhouseCoopers LLP, an independent registered public accounting firm,
has issued an attestation report on the Servicer's assessment of compliance
with the applicable servicing criteria as of the dates listed in Appendix B
hereto and for the Reporting Periods.
February 28, 2014
BANK OF AMERICA, NATIONAL ASSOCIATION
By: /s/ Robert Cox
Name: Robert Cox
Title: Director
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APPENDIX A
Definitions:
X-Servicing criterion is applicable to the Servicer's activities performed.
N/A-Servicing criterion is inapplicable to the Servicer's activities performed.
APPLICABLE
SERVICING CRITERIA SERVICING CRITERIA
Reference Criteria Master Primary Special
Servicer Servicer Servicer
General Servicing Considerations
Policies and procedures are instituted X X X
to monitor any performance or other
triggers and events of default in
accordance with the transaction
1122(d)(1)(i) agreements.
If any material servicing activities X X X
are outsourced to third parties, policies
and procedures are instituted to monitor
the third party's performance and
compliance with such servicing
1122(d)(1)(ii) activities.
Any requirements in the transaction N/A N/A N/A
agreements to maintain a back-up servicer
1122(d)(1)(iii) for the pool assets are maintained.
A fidelity bond and errors and X X X
omissions policy is in effect on the
party participating in the servicing
function throughout the reporting period
in the amount of coverage required by and
otherwise in accordance with the terms of
1122(d)(1)(iv) the transaction agreements.
Cash Collection and Administration
Payments on pool assets are deposited X X^1 N/A
into the appropriate custodial bank
accounts and related bank clearing
accounts no more than two business days
following receipt, or such other number
of days specified in the transaction
1122(d)(2)(i) agreements.
Disbursements made via wire transfer on X X N/A
behalf of an obligor or to an investor (other than (other than
1122(d)(2)(ii) are made only by authorized personnel. with respect to with respect to
disbursements made disbursements made
to investors) to investors)
^1 A vendor performs only the lockbox function for criterion 1122(d)(2)(i). The company takes responsibity for
vendor's compliance with this criterion.
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APPLICABLE
SERVICING CRITERIA SERVICING CRITERIA
Reference Criteria Master Primary Special
Servicer Servicer Servicer
Advances of funds or guarantees X X N/A
regarding collections, cash flows or (only with respect (only with respect
distributions, and any interest or other to transactions to transactions
fees charged for such advances, are made, for which the for which the
reviewed and approved as specified in related transaction related transaction
1122(d)(2)(iii) the transaction agreements. agreements agreements
specifically specifically
required it to required it to
advance property advance property
protection expenses protection expenses
or payments of or payments of
interest and/or interest and/or
principal) principal)
The related accounts for the X X N/A
transaction, such as cash reserve
accounts or accounts established as a
form of overcollateralization, are
separately maintained (e.g., with respect
to commingling of cash) as set forth in
1122(d)(2)(iv) the transaction agreements.
Each custodial account is maintained at X X N/A
a federally insured depository
institution as set forth in the
transaction agreements. For purposes of
this criterion, "federally insured
depository institution" with respect to a
foreign financial institution means a
foreign financial institution that meets
the requirements of Rule 13k-1(b)(1)
1122(d)(2)(v) of the Securities Exchange Act.
Unissued checks are safeguarded so as X X N/A
1122(d)(2)(vi) to prevent unauthorized access.
Reconciliations are prepared on a X X N/A
monthly basis for all asset-backed
securities related bank accounts,
including custodial accounts and related
bank clearing accounts. These
reconciliations are (A) mathematically
accurate; (B) prepared within 30
calendar days after the bank statement
cutoff date, or such other number of days
specified in the transaction agreements;
(C) reviewed and approved by someone
other than the person who prepared the
reconciliation; and (D) contain
explanations for reconciling items.
These reconciling items are resolved
within 90 calendar days of their original
identification, or such other number of
days specified in the transaction
1122(d)(2)(vii) agreements.
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APPLICABLE
SERVICING CRITERIA SERVICING CRITERIA
Reference Criteria Master Primary Special
Servicer Servicer Servicer
Investor Remittances and Reporting
Reports to investors, including those N/A N/A N/A
to be filed with the Commission, are
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; (B) 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 the investors' or the
trustee's records as to the total unpaid
principal balance and number of pool
1122(d)(3)(i) assets serviced by the Servicer.
Amounts due to investors are allocated N/A N/A N/A
and remitted in accordance with
timeframes, distribution priority and
other terms set forth in the transaction
1122(d)(3)(ii) agreements.
Disbursements made to an investor are N/A N/A N/A
posted within two business days to the
Servicer's investor records, or such other
number of days specified in the transaction
1122(d)(3)(iii) agreements.
Amounts remitted to investors per the N/A N/A N/A
investor reports agree with cancelled
checks, or other form of payment, or
1122(d)(3)(iv) custodial bank statements.
Pool Asset Administration
Collateral or security on pool assets X X X
is maintained as required by the
transaction agreements or related
1122(d)(4)(i) mortgage loan documents.
Mortgage loan and related documents N/A N/A N/A
are safeguarded as required by the
1122(d)(4)(ii) transaction agreements
Any additions, removals or substitutions X X X
to the asset pool are made, reviewed
and approved in accordance with
any conditions or requirements in the
1122(d)(4)(iii) transaction agreements.
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APPLICABLE
SERVICING CRITERIA SERVICING CRITERIA
Reference Criteria Master Primary Special
Servicer Servicer Servicer
Payments on pool assets, including any X X N/A
payoffs, made in accordance with the
related mortgage loan documents are posted
to the Servicer's obligor records
maintained no more than two business days
after receipt, or such other number of days
specified in the transaction agreements,
and allocated to principal, interest or
other items (e.g., escrow) in accordance
1122(d)(4)(iv) with the related pool asset documents.
The Servicer's records regarding the X X X
pool assets agree with the Servicer's
records with respect
to an obligor's
1122(d)(4)(v) unpaid principal balance.
Changes with respect to the terms or X X X
status of an obligor's pool assets
(e.g., loan modifications or re-agings)
are made, reviewed and approved by
authorized personnel in accordance with
the transaction agreements and related
1122(d)(4)(vi) pool asset documents.
Loss mitigation or recovery actions X N/A X
(e.g., forbearance plans, modifications (only with respect
and deeds in lieu of foreclosure, to the Special
foreclosures and repossessions, as Servicer's
applicable) are initiated, conducted, and instructions)
concluded in accordance with
the timeframes or other requirements
established by the transaction
1122(d)(4)(vii) agreements.
Records documenting collection efforts X X X
are maintained during the period a pool (only for the (only for the (only for the
asset is delinquent in accordance with period prior to a period prior to a period prior to a
the transaction agreements. Such records servicing transfer servicing transfer servicing transfer
are maintained on at least a monthly event (as defined event (as defined event (as defined
basis, or such other period specified in in the transaction in the transaction in the transaction
the transaction agreements, and describe agreements)) agreements)) agreements))
the entity's activities in monitoring
delinquent pool assets including, for
example, phone calls, letters and payment
rescheduling plans in cases where
delinquency is deemed temporary (e.g.,
1122(d)(4)(viii) illness or unemployment).
Adjustments to interest rates or rates X X X
of return for pool assets with variable
rates are computed based on the related
1122(d)(4)(ix) mortgage loan documents.
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APPLICABLE
SERVICING CRITERIA SERVICING CRITERIA
Reference Criteria Master Primary Special
Servicer Servicer Servicer
Regarding any funds held in trust for N/A X N/A
an obligor (such as escrow accounts): (A)
such funds are analyzed, in accordance
with the obligor's pool asset documents,
on at least an annual basis, or such
other period specified in the transaction
agreements; (B) interest on such funds is
paid, or credited, to obligors in
accordance with applicable mortgage loan
documents and state laws; and (C) such
funds are returned to the obligor within
30 calendar days of full repayment of the
related pool assets, or such other number
of days specified in the transaction
1122(d)(4)(x) agreements.
Payments made on behalf of an obligor N/A X^2 N/A
(such as tax or insurance payments) are
made on or before the related penalty or
expiration dates, as indicated on the
appropriate bills or notices for such
payments, provided that such support has
been received by the servicer at least 30
calendar days prior to these dates, or
such other number of days specified in
1122(d)(4)(xi) the transaction agreements.
Any late payment penalties in N/A X N/A
connection with any payment to be made on
behalf of an obligor are paid from the
Servicer's funds and not charged to the
obligor, unless the late payment was due
1122(d)(4)(xii) to the obligor's error or omission.
Disbursements made on behalf of an N/A X N/A
obligor are posted within two business
days to the obligor's records maintained
by the Servicer, or such other number of
days specified in the transaction
1122(d)(4)(xiii) agreements.
Delinquencies, charge-offs and X X X
uncollectible accounts are recognized and
recorded in accordance with the
1122(d)(4)(xiv) transaction agreements.
Any external enhancement or other X X X
support, identified in Item (only with respect (only with respect (only with respect
1114(a)(1) through (3) or Item 1115 of to those items to those items to those items
Regulation AB, is maintained as set identified in Item identified in Item identified in Item
1122(d)(4)(xv) forth in the transaction agreements. 1114(a)(1)) 1114(a)(1)) 1114(a)(1))
^2 The vendors CoreLogic, Inc. and National Tax Search, LLC, provided separate
Regulation AB 1122(d) attestations for their tax payment activiites as they
relate to criterion 1122(d)(4)(xi).
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APPENDIX B
Company's Role as Master Servicer
Transaction . Period End Date
BACM 2006-1 6/24/2013
BACM 2006-2 6/24/2013
BACM 2006-3 6/24/2013
BACM 2006-4 6/24/2013
BACM 2006-5 6/24/2013
BACM 2006-6 6/24/2013
BACM 2007-1 6/24/2013
BACM 2007-2 6/24/2013
BACM 2007-3 6/24/2013
BACM 2007-4 6/24/2013
BACM 2007-5 6/24/2013
BACM 2008-1 6/24/2013
BACM 2008-LS 6/24/2013
BALL 2006-277 PARK Ave MZ 6/24/2013
BALL 2006-BIX1 6/24/2013
BALL 2007-BMB1 6/24/2013
BALL 2009-FDG 6/24/2013
BAMLL 2012-PARK 6/24/2013
BAMLL TRUST 2011-FSHN 6/24/2013
BAMLL-DB 2012-OSI 6/24/2013
BSCMSI 2006-BBA7 5/01/2013
BSCMSI 2006-BBA7 6/24/2013
CFCRE 2011-C2 6/24/2013
FREMF 2012-K19 6/24/2013
FREMF 2012-K22 6/24/2013
FREMF 2012-K501 6/24/2013
FREMF 2012-K502 6/24/2013
FREMF 2013-K705 . 6/24/2013
GECMC 2007-C1 (MASTER) 6/24/2013
MLMT 2008-C1 6/24/2013
MSCIT 2011-C1 6/24/2013
MSC 2011-C2 6/24/2013
MSC 2012-C4 6/24/2013
MSC 2012-C5 6/24/2013
GSMSCII 2007-EOP 7/22/2013
MLFT 2008-LAQ 7/22/2013
Company's Role as Primary Servicer
Transaction . Period End Date
BACM 2006-1 6/24/2013
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Transaction . Period End Date
BACM 2006-2 6/24/2013
BACM 2006-3 6/24/2013
BACM 2006-4 6/24/2013
BACM 2006-5 6/24/2013
BACM 2006-6 6/24/2013
BACM 2007-1 6/24/2013
BACM 2007-2 6/24/2013
BACM 2007-3 6/24/2013
BACM 2007-4 6/24/2013
BACM 2007-5 6/24/2013
BACM 2008-1 6/24/2013
BACM 2008-LS1 6/24/2013
BALL 2006-277 PARK Ave MZ 6/24/2013
BALL 2006-BIXI 6/24/2013
BAll 2007-BMB1 6/24/2013
BALL 2009-FDG 6/24/2013
BAMLL 2012-PARK 6/24/2013
BAMLL TRUST 2011-FSHN 6/24/2013
BAMLL-DB 2012-OSI 6/24/2013
BSCMSI 2006-BBA7 5/01/2013
BSCMSI 2007-BBA8 6/24/2013
CFCRE 2011-C2 6/24/2013
CGCMT 2006-FL2 3/28/2013
COMM 2006-FL12 3/28/2013
COMM 2006-C7 6/24/2013
COMM 2006-C8 6/24/2013
COMM 2012-CCRE1 6/24/2013
DBUBS 2011-LC3 8/15/2013
FREMF 2012-K19 6/24/2013
FREMF 2012-K22 6/24/2013
FREMF 2012-K501 6/24/2013
FREMF 2012-K705 6/24/2013
FREMF 2013-K502 6/24/2013
GECMC 2006-C1 6/24/2013
GECMC 2007-C1 (MASTER) 6/24/2013
GECMC 2007-C1 (PRlMARY) 6/24/2013
GSMSCII 2007-EOP 6/24/2013
JPMorgan 2007-LDP10 6/24/2013
MLFT 2008-LAQ 6/24/2013
MLMT 2008-C1 6/24/2013
MSC 2011-C2 8/15/2013
MSC 2011-C3 6/24/2013
MSC 2012-C4 6/24/2013
MSCIT 2011-C1 6/24/2013
UBS-BB 2013-C5 6/24/2013
WACHOVIA 2007-C31 6/24/2013
WACHOVIA 2007-C33 6/24/2013
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Transaction . Period End Date
WACHOVIA 2007-C34 6/24/2013
WFCM 2010-C1 8/15/2013
Company's Role as Special Servieer
Transaction . Period End Date
BALL 2006-BIX1 6/24/2013
BALL 2007-BMB1 6/24/2013
BALL 2009-FDG 6/24/2013
BAMLL 2012-PARK 6/24/2013
BSCMSI 2006-BBA7 5/01/2013
BSCMSI 2007-BBA8 6/24/2013
GSMSCII 2007-EOP 7/22/2013
MLFT 2008-LAQ 7/22/2013
WBCMT-2007 Whale8 08/05/2013
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