COMM 2013-CCRE13 Mortgage Trust - FORM 10-K - EX-33.22 - EXHIBIT 33.22 - March 23, 2017

Attached files

file filename
EX-33.26 - EXHIBIT 33.26 - COMM 2013-CCRE13 Mortgage Trustex3326_parkbridge.htm
EX-33.30 - EXHIBIT 33.30 - COMM 2013-CCRE13 Mortgage Trustex3330_rialto.htm
EX-35.11 - EXHIBIT 35.11 - COMM 2013-CCRE13 Mortgage Trustex3511_wells.htm
EX-35.13 - EXHIBIT 35.13 - COMM 2013-CCRE13 Mortgage Trustex3513_wells.htm
EX-35.14 - EXHIBIT 35.14 - COMM 2013-CCRE13 Mortgage Trustex3514_wells.htm
EX-33.5 - EXHIBIT 33.5 - COMM 2013-CCRE13 Mortgage Trustex335_situs.htm
EX-34.22 - EXHIBIT 34.22 - COMM 2013-CCRE13 Mortgage Trustex3422_lnr.htm
EX-35.16 - EXHIBIT 35.16 - COMM 2013-CCRE13 Mortgage Trustex3516_db.htm
EX-35.15 - EXHIBIT 35.15 - COMM 2013-CCRE13 Mortgage Trustex3515_rialto.htm
EX-35.8 - EXHIBIT 35.8 - COMM 2013-CCRE13 Mortgage Trustex358_prudential.htm
EX-35.4 - EXHIBIT 35.4 - COMM 2013-CCRE13 Mortgage Trustex354_keybank.htm
EX-35.3 - EXHIBIT 35.3 - COMM 2013-CCRE13 Mortgage Trustex353_db.htm
EX-35.2 - EXHIBIT 35.2 - COMM 2013-CCRE13 Mortgage Trustex352_wells.htm
EX-35.1 - EXHIBIT 35.1 - COMM 2013-CCRE13 Mortgage Trustex351_wells.htm
EX-34.30 - EXHIBIT 34.30 - COMM 2013-CCRE13 Mortgage Trustex3430_rialto.htm
EX-34.26 - EXHIBIT 34.26 - COMM 2013-CCRE13 Mortgage Trustex3426_parkbridge.htm
EX-34.25 - EXHIBIT 34.25 - COMM 2013-CCRE13 Mortgage Trustex3425_wells_custodian.htm
EX-34.24 - EXHIBIT 34.24 - COMM 2013-CCRE13 Mortgage Trustex3424_wells_certadmin.htm
EX-34.16 - EXHIBIT 34.16 - COMM 2013-CCRE13 Mortgage Trustex3416_prudential.htm
EX-34.8 - EXHIBIT 34.8 - COMM 2013-CCRE13 Mortgage Trustex348_nts.htm
EX-34.7 - EXHIBIT 34.7 - COMM 2013-CCRE13 Mortgage Trustex347_corelogic.htm
EX-34.6 - EXHIBIT 34.6 - COMM 2013-CCRE13 Mortgage Trustex346_keybank.htm
EX-34.5 - EXHIBIT 34.5 - COMM 2013-CCRE13 Mortgage Trustex345_situs.htm
EX-34.4 - EXHIBIT 34.4 - COMM 2013-CCRE13 Mortgage Trustex344_db.htm
EX-34.1 - EXHIBIT 34.1 - COMM 2013-CCRE13 Mortgage Trustex341_wells.htm
EX-33.25 - EXHIBIT 33.25 - COMM 2013-CCRE13 Mortgage Trustex3325_wells_custodian.htm
EX-33.24 - EXHIBIT 33.24 - COMM 2013-CCRE13 Mortgage Trustex3324_wells_certadmin.htm
EX-33.16 - EXHIBIT 33.16 - COMM 2013-CCRE13 Mortgage Trustex3316_prudential.htm
EX-33.8 - EXHIBIT 33.8 - COMM 2013-CCRE13 Mortgage Trustex338_nts.htm
EX-33.7 - EXHIBIT 33.7 - COMM 2013-CCRE13 Mortgage Trustex337_corelogic.htm
EX-33.6 - EXHIBIT 33.6 - COMM 2013-CCRE13 Mortgage Trustex336_keybank.htm
EX-33.4 - EXHIBIT 33.4 - COMM 2013-CCRE13 Mortgage Trustex334_db.htm
EX-33.1 - EXHIBIT 33.1 - COMM 2013-CCRE13 Mortgage Trustex331_wells.htm
EX-31 - EXHIBIT 31 - COMM 2013-CCRE13 Mortgage Trustex31.txt
10-K - FORM 10-K - COMM 2013-CCRE13 Mortgage Trust2013-ccre13_10k.txt

 

 

Certification Regarding Compliance with Applicable Servicing Criteria

 

1.LNR Partners, LLC. (the “Asserting Party”) is responsible for assessing compliance with the servicing criteria applicable to it under paragraph (d) of Item 1122 of Regulation AB, as of and for the 12-month period ending December 31, 2016 (the “Reporting Period”), as set forth in Appendix A hereto. The transactions covered by this report, include commercial mortgage-asset-backed securities transactions for which the Asserting Party served as special servicer, and that were registered with the Securities and Exchange Commission pursuant to the Securities Act of 1933 (the “Platform”);

 

2.The Asserting Party has engaged certain vendors, which are not servicers as defined in Item 1101(j) of Regulation AB (the “Vendors”), to perform specific, limited or scripted activities, and the Asserting Party elects to take responsibility for assessing compliance with the servicing criteria or portion of the servicing criteria applicable\ to such Vendors' activities as set forth in Appendix A hereto;

 

3.Except as set forth in paragraph 4 below, the Asserting Party 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 listed in the column titled “Inapplicable Servicing Criteria” on Appendix A hereto are inapplicable to the Asserting Party based on the activities it performs, directly or through its Vendors, with respect to the Platform;

 

5.The Asserting Party has complied, in all material respects, with the applicable servicing criteria as of December 31, 2016 and for the Reporting Period with respect to the Platform taken as a whole;

 

6.The Asserting Party has not identified and is not aware of any material instance of noncompliance by the Vendors with the applicable servicing criteria as of December 31, 2016 and for the Reporting Period with respect to the Platform taken as a whole;

 

7.The Asserting Party has not identified any material deficiency in its policies and procedures to monitor the compliance by the Vendors with the applicable servicing criteria as of December 31, 2016 and for the Reporting Period with respect to the Platform taken as a whole; and

 

8.Deloitte & Touche LLP, a registered public accounting firm, has issued an attestation report on the Asserting Party's assessment of compliance with the applicable servicing criteria for the Reporting Period.

 

 

February 21, 2017

LNR Partners, LLC

 

By: /s/ Job Warshaw          

Name: Job Warshaw
Title: President

 

 

 

 

1601 Washington Avenue • Suite 700 • Miami Beach, Florida 33139-3164

Telephone: (305) 695-5600 • Fax: (305) 695-5601

 

 

 

APPENDIX A

 

SERVICING CRITERIA APPLICABLE
SERVICING CRITERIA		 INAPPLICABLE
SERVICING
CRITERIA		  
Reference Criteria Performed
Directly
by
Asserting
Party		 Performed
by
Vendor(s)
for which
Asserting
Party is the
Responsible
Party		 Performed by
subservicer(s)
or vendor(s)
for which
Asserting
Party is NOT
the
Responsible
Party		 NOT
performed by
Asserting
Party or by
subservicer(s)
or vendor(s)
retained by
Asserting
Party
General Servicing Considerations
1122(d)(1)(i) Policies and procedures are instituted to monitor any performance or other triggers and events of default in accordance with the transaction agreements. X      
1122(d)(1)(ii) If any material servicing activities are outsourced to third parties, policies and procedures are instituted to monitor the third party's performance and compliance with such servicing activities. X      
1122(d)(1)(iii) Any requirements in the transaction agreements to maintain a back-up servicer for the pool assets are maintained.       X
1122(d)(1)(iv) A fidelity bond and errors and 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 the transaction agreements. X      
1122(d)(1)(v) Aggregation of information, as applicable, is mathematically accurate and the information conveyed accurately reflects the information X      
Cash Collection and Administration
1122(d)(2)(i) Payments on pool assets are deposited 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 agreements. X X    
1122(d)(2)(ii) Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel. X      
1122(d)(2)(iii) Advances of funds or guarantees regarding collections, cash flows or distributions, and any interest or other fees charged for such advances, are made, reviewed and approved as specified in the transaction agreements. X      
1122(d)(2)(iv) The related accounts for the 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 the transaction agreements. X      
1122(d)(2)(v) Each custodial account is maintained at 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) of the Securities Exchange Act. X      
1122(d)(2)(vi) Unissued checks are safeguarded so as to prevent unauthorized access. X      

 

1The servicing criteria in Item 1122(d)(i)(v) of Regulation AB shall be applicable on and after 2015

 

 
 
SERVICING CRITERIA APPLICABLE
SERVICING CRITERIA		 INAPPLICABLE
SERVICING
CRITERIA
Reference Criteria Performed
Directly
by
Asserting
Party		 Performed
by
Vendor(s)
for which
Asserting
Party is the
Responsible
Party		 Performed by
subservicer(s)
or vendor(s)
for which
Asserting
Party is NOT
the
Responsible
Party		 NOT
performed by
Asserting
Party or by
subservicer(s)
or vendor(s)
retained by
Asserting
Party
1122(d)(2)(vii) Reconciliations are prepared on 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 agreements. X X    
Investor Remittances and Reporting.
1122(d)(3)(i) Reports to investors, including those 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 investors' or the trustee's records as to the total unpaid principal balance and number of pool assets serviced by the Servicer. X1     X1
1122(d)(3)(ii) Amounts due to investors are allocated and remitted in accordance with timeframes, distribution priority and other terms set forth in the transaction agreements.       X
1122(d)(3)(iii) Disbursements made to an investor are posted within two business days to the Servicer's investor records, or such other number of days specified in the transaction agreements.       X
1122(d)(3)(iv) Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements.       X
Pool Asset Administration
1122(d)(4)(i) Collateral or security on pool assets is maintained as required by the transaction agreements or related mortgage loan documents. X      
1122(d)(4)(ii) Pool asset and related documents are safeguarded as required by the transaction agreements X      
1122(d)(4)(iii) Any additions, removals or substitutions to the asset pool are made, reviewed and approved in accordance with any conditions or requirements in the transaction agreements. X      
1122(d)(4)(iv) Payments on pool assets, including any payoffs, made in accordance with the related pool asset 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 with the related pool asset documents. X2      

1Excludes the criteria as set forth on 3(i)(C) and 3(i)(D) which is not applicable to the Asserting Party.

2The processing of payments within 2 business day criteria is not applicable as the Asserting Party does not routinely accept or process payments.

 

 
 
SERVICING CRITERIA APPLICABLE
SERVICING CRITERIA		 INAPPLICABLE
SERVICING
CRITERIA
Reference Criteria Performed
Directly
by
Asserting
Party		 Performed
by
Vendor(s)
for which
Asserting
Party is the
Responsible
Party		 Performed by
subservicer(s)
or vendor(s)
for which
Asserting
Party is NOT
the
Responsible
Party		 NOT
performed by
Asserting
Party or by
subservicer(s)
or vendor(s)
retained by
Asserting
Party
1122(d)(4)(v) The Servicer's records regarding the pool assets agree with the Servicer's records with respect to an obligor's unpaid principal balance.       X
1122(d)(4)(vi) Changes with respect to the terms or 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 pool asset documents. X      
1 122(d)(4)(vii) Loss mitigation or recovery actions (e.g., forbearance plans, modifications and deeds in lieu of foreclosure, foreclosures and repossessions, as applicable) are initiated, conducted and concluded in accordance with the timeframes or other requirements established by the transaction agreements. X      
1122(d)(4)(viii) Records documenting collection efforts are maintained during the period a pool asset is delinquent in accordance with the transaction agreements. Such records are maintained on at least a monthly basis, or such other period specified in the transaction agreements, and describe 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., illness or unemployment). X      
1122(d)(4)(ix) Adjustments to interest rates or rates of return for pool assets with variable rates are computed based on the related pool asset documents.       X
1122(d)(4)(x) Regarding any funds held in trust for 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 pool asset 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 agreements.       X
1122(d)(4)(xi) Payments made on behalf of an obligor (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 the transaction agreements.       X
1122(d)(4)(xii) Any late payment penalties in 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 to the obligor's error or omission.       X
1122(d)(4)(xiii) Disbursements made on behalf of an 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 agreements.       X
1122(d)(4)(xiv) Delinquencies, charge-offs and uncollectible accounts are recognized and recorded in accordance with the transaction agreements.       X
1122(d)(4)(xv) Any external enhancement or other support, identified in Item 1114(a)(1) through (3) or Item 1115 of Regulation AB, is maintained as set forth in the transaction agreements.       X