EX-25.1 2 d370222-ex25_1.htm STATEMENT OF ELIGIBILITY

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

_____________________________

 

FORM T-1

 

STATEMENT OF ELIGIBILITY

UNDER THE TRUST INDENTURE ACT OF 1939 OF A

CORPORATION DESIGNATED TO ACT AS TRUSTEE

_____________________________

 

CHECK IF AN APPLICATION TO DETERMINE ELIGIBILITY OF A TRUSTEE

PURSUANT TO SECTION 305(b) (2)

 

WELLS FARGO BANK, NATIONAL ASSOCIATION

(Exact name of trustee as specified in its charter)

 

A U.S. National Banking Association

94-1347393

 

(Jurisdiction of incorporation or

(I.R.S. Employer

 

organization if not a U.S. national

Identification No.)

bank)

 

420 Montgomery Street

San Francisco, CA

94163

 

(Address of principal executive offices)

(Zip code)

 

WELLS FARGO & COMPANY

Law Department, Trust Section

MAC N9305-172

Sixth Street and Marquette Avenue, 17TH floor

Minneapolis, Minnesota 55479

(612) 667-1234

(Agent for Service)

_____________________________

 

IMH Assets Corp.

(Exact name of obligor as specified in its charter)

 

Delaware

Not Yet Received

(State or other jurisdiction of

(I.R.S. Employer

 

incorporation or organization)

Identification No.)

 

C\O Wilmington Trust

Rodney Square North

1100 North Market Street

Wilmington, DE

19890-0001

(Address of principal executive offices)

(Zip code)

 

_____________________________

 

Impac CMB Trust Series 2005-6 Collateralized Asset-Backed Bonds, Series 2005-6
(Title of the indenture securities)

 

 



 

 

Item 1.

General Information. Furnish the following information as to the trustee:

 

 

(a)

Name and address of each examining or supervising authority to which it is subject.

 

Comptroller of the Currency

Treasury Department

Washington, D.C.

 

Federal Deposit Insurance Corporation

Washington, D.C.

 

The Board of Governors of the Federal Reserve System

Washington, D.C.

 

 

(b)

Whether it is authorized to exercise corporate trust powers.

 

The trustee is authorized to exercise corporate trust powers.

 

Item 2.

Affiliations with Obligor. If the obligor is an affiliate of the trustee, describe each such affiliation.

 

None with respect to the trustee.

 

No responses are included for Items 3-14 of this Form T-1 because the obligor is not in default as provided under Item 13.

 

Item 15.

Foreign Trustee.

Not applicable.

Item 16.

List of Exhibits.

List below all exhibits filed as a part of this Statement of Eligibility. Wells Fargo Bank, N.A. incorporates by reference into this Form T-1 the exhibits attached hereto.

 

 

Exhibit 1.

A copy of the Articles of Association of the trustee now in effect. *

 

 

Exhibit 2.

A copy of the Comptroller of the Currency Certificate of Corporate Existence for Wells Fargo Bank, National Association, dated November 28, 2001. *

 

 

Exhibit 3.

A copy of the authorization of the trustee to exercise corporate trust powers. A copy of the Comptroller of the Currency Certificate of Corporate Existence (with Fiduciary Powers) for Wells Fargo Bank, National Association, dated November 28, 2001. *

 

 

Exhibit 4.

Copy of By-laws of the trustee as now in effect. *

 

 

Exhibit 5.

Not applicable.

 

 

Exhibit 6.

The consents of United States institutional trustees required by Section 321(b) of the Act.

 

 



 

 

 

 

Exhibit 7.

Attached is a copy of the latest report of condition of the trustee published pursuant to law or the requirements of its supervising or examining authority.

 

 

Exhibit 8.

Not applicable.

 

 

Exhibit 9.

Not applicable.

 

 

*

Incorporated by reference to exhibit number 25 filed with registration statement number 333-87398.

 

 

 

 



 

 

 

SIGNATURE

 

Pursuant to the requirements of the Trust Indenture Act of 1939, as amended, the trustee, Wells Fargo Bank, National Association, a national banking association organized and existing under the laws of the United States of America, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of New York and State of New York on the 7th day of September, 2005.

 

 

 

 

 

 

 

 

 

WELLS FARGO BANK, NATIONAL ASSOCIATION

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

/s/ Sandra Whalen

 

 

 

 

 

 

 

Name:

Sandra Whalen

 

 

 

 

 

 

 

Title:

Vice President

 

 

 

 

 

 



 

 

 

 

EXHIBIT 6

 

 

September 7, 2005

 

Securities and Exchange Commission

Washington, D.C. 20549

 

Gentlemen:

 

In accordance with Section 321(b) of the Trust Indenture Act of 1939, as amended, the undersigned hereby consents that reports of examination of the undersigned made by Federal, State, Territorial, or District authorities authorized to make such examination may be furnished by such authorities to the Securities and Exchange Commission upon its request therefor.

 

 

 

 

 

 

 

 

 

Very truly yours,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

WELLS FARGO BANK, NATIONAL ASSOCIATION

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

/s/ Sandra Whalen

 

 

 

 

 

 

 

Name:

Sandra Whalen

 

 

 

 

 

 

 

Title:

Vice President

 

 

 

 



 

EXHIBIT 7

 

 

Consolidated Report of Condition of

 

Wells Fargo Bank National Association

of 420 Montgomery Street, San Francisco, CA 94163

And Foreign and Domestic Subsidiaries,

at the close of business December 31, 2003, filed in accordance with 12 U.S.C. §161 for National Banks.

 

 

 

Dollar Amounts

In Millions

ASSETS

 

 

 

Cash and balances due from depository institutions:

 

 

 

Noninterest-bearing balances and currency and coin

$

11,411

 

Interest-bearing balances

 

3,845

Securities:

 

 

 

 

Held-to-maturity securities

 

0

 

Available-for-sale securities

 

17,052

Federal funds sold and securities purchased under agreements to resell:

 

 

 

Federal funds sold in domestic offices

 

516

 

Securities purchased under agreements to resell

 

109

Loans and lease financing receivables:

 

 

 

Loans and leases held for sale

 

14,571

 

Loans and leases, net of unearned income

 

172,511

 

LESS: Allowance for loan and lease losses

 

1,554

 

Loans and leases, net of unearned income and allowance

 

170,957

Trading Assets

 

6,255

Premises and fixed assets (including capitalized leases)

 

2,067

Other real estate owned

 

144

Investments in unconsolidated subsidiaries and associated companies

 

306

Customers’ liability to this bank on acceptances outstanding

 

68

Intangible assets

 

 

 

Goodwill

 

6,814

 

Other intangible assets

 

7,501

Other assets

 

8,858

Total assets

$

250,474

 

 

 

 

LIABILITIES

 

 

Deposits:

 

 

 

 

In domestic offices

$

157,695

 

Noninterest-bearing

 

44,315

 

Interest-bearing

 

113,380

 

In foreign offices, Edge and Agreement subsidiaries, and IBFs

 

16,249

 

Noninterest-bearing

 

6

 

Interest-bearing

 

16,243

 

 



 

 

Dollar Amounts

In Millions

Federal funds purchased and securities sold under agreements to repurchase:

 

 

 

Federal funds purchased in domestic offices

 

14,685

 

Securities sold under agreements to repurchase

 

1,613

Trading liabilities

 

4,277

Other borrowed money

 

 

 

(includes mortgage indebtedness and obligations under capitalized leases)

 

18,212

Bank’s liability on acceptances executed and outstanding

 

68

Subordinated notes and debentures

 

6,742

Other liabilities

 

7,358

Total liabilities

$

226,899

 

 

 

Minority interest in consolidated subsidiaries

 

60

 

 

 

EQUITY CAPITAL

 

 

Perpetual preferred stock and related surplus

 

0

Common stock

 

520

Surplus (exclude all surplus related to preferred stock)

 

17,709

Retained earnings

 

4,920

Accumulated other comprehensive income

 

366

Other equity capital components

 

0

Total equity capital

 

23,515

 

 

 

Total liabilities, minority interest, and equity capital

$

250,474

 

 

I, James E. Hanson, Vice President of the above-named bank do hereby declare that this Report of Condition has been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and is true to the best of my knowledge and belief.

 

James E. Hanson

Vice President

 

We, the undersigned directors, attest to the correctness of this Report of Condition and declare that it has been examined by us and to the best of our knowledge and belief has been prepared in conformance with the instructions issued by the appropriate Federal regulatory authority and is true and correct.

 

Carrie L. Tolstedt

Howard Atkins

Directors

John Stumpf