EX-99.1 2 d841511dex991.htm EX-99.1 EX-99.1

 

Exhibit 99.1

 

 

 
  KPMG LLP
Suite 900
8350 Broad Street
McLean, VA 22102

 

Independent Accountants’ Agreed-Upon Procedures Report

 

Federal Home Loan Mortgage Corporation (the “Company”)

J.P. Morgan Chase Commercial Mortgage Securities Corp.

J.P. Morgan Securities LLC

Wells Fargo Securities, LLC

(collectively, the “Specified Parties”):

Re: FRETE 2024-ML24 Trust – Data File Procedures

We have performed the procedures described below on the specified attributes in an electronic data file entitled “ML24 Red Data Tape 9.06.2024.xlsx” (the “Data File”) provided by the Company on September 6, 2024, containing information on 11 funding loans intended to be tax-exempt loans (the “Loans”), each secured by multifamily mortgage loans secured by 11 related mortgaged properties (the “Mortgaged Properties”) as of September 1, 2024 (the “Cut-off Date”), which we were informed are intended to be included as collateral in the offering by FRETE 2024-ML24 Trust. The Company is responsible for the specified attributes identified by the Company in the Data File.

The Specified Parties have agreed to and acknowledged that the procedures performed are appropriate to meet their intended purpose of assisting specified parties in evaluating the accuracy of the specified attributes in the Data File. This report may not be suitable for any other purpose. No other parties have agreed to or acknowledged the appropriateness of these procedures for the intended purpose or any other purpose.

The procedures performed may not address all the items of interest to a specified party of this report and may not meet the needs of all specified parties of this report and, as such, specified parties are responsible for determining whether the procedures performed are appropriate for their purposes. We make no representation regarding the appropriateness of the procedures either for the intended purpose or for any other purpose.

Unless otherwise stated, the following definitions have been adopted in presenting our procedures and findings:

· The term “compared” means compared to the information shown and found it to be in agreement, unless otherwise stated. Such compared information was deemed to be in agreement if differences were within the reporting threshold.
· The term “recomputed” means recalculated and compared the result to the information shown and found it to be in agreement, unless otherwise stated. Such recomputed information was deemed to be in agreement if differences were within the reporting threshold.
· The term “reporting threshold” means that (i) dollar amounts, percentages, and debt service coverage ratios were within $1.00, 0.1%, and 0.01, respectively, (ii) dollar amounts were within $2.00 for the Data File attribute Maturity Balance and (iii) dollar amounts were within $5.00 for the Data File attribute Monthly Rent per Unit.
· The term “Compared Attributes” means the list of fields in the Data File which were selected by the Company for us to perform comparison procedures for and are listed in Attachment A.
· The term “Recomputed Attributes” means the list of fields in the Data File which were selected by the Company for us to perform recomputation procedures for and are listed in Attachment B.
  KPMG LLP, a Delaware limited liability partnership and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee.  

 

· The term “Calculation Methodology” means the formula listed in the Calculation Methodology field of Attachment B containing the calculation methodology for the Recomputed Attributes provided by the Company.
· The term “Instructions” means the instructions provided by the Company pertaining to a procedure, specific attribute, methodology, or value, as described in Attachment C.
· The term “Loan Files” means the copies of source documents made available by the Company and listed in Attachment A. Where the term “Draft” is used, it means source documents provided by the Company and listed in Attachment A are in draft form and are not executed with signatures as of the date of this report. We make no representations regarding the validity or accuracy of these documents.
· The term “Provided Information” means the Loan Files, Calculation Methodology and Instructions.

Prior to being provided the Data File, we received one or more earlier versions of the data file on which to perform our procedures. In performing those procedures, we identified differences which were communicated to the Company. The Data File represents the revised information reflecting resolution of differences communicated as determined appropriate by the Company. We performed the procedures on the Data File, and the results of those procedures are reflected herein.

The procedures we were instructed by the Company to perform and the associated findings are as follows:

A. We compared the Compared Attributes in the Data File (except for those with “Provided by Company” in the “Source Document(s)” column of Attachment A) to the corresponding information included in the Loan Files, utilizing the Instructions, as applicable. The Specified Parties indicated that the absence of any of the information in the Loan Files or the inability to agree the indicated information from the Data File to the Loan Files for each of the attributes identified, utilizing the Instructions as applicable, constituted an exception. The document priority is the order provided by the Company, which is listed in the “Source Document(s)” column of Attachment A, with the highest priority document listed first.
B. We recomputed the Recomputed Attributes in the Data File using (i) the corresponding information contained in the Data File, (ii) the Calculation Methodology, as detailed in the “Calculation Methodology” column of Attachment B, and (iii) the Instructions, as applicable.

We were engaged by the Company to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants, which involves us performing the specific procedures agreed to and acknowledged above and reporting on findings based on the procedures performed. We were not engaged to, and did not, conduct an examination or review, the objective of which would be the expression of an opinion or conclusion, respectively, on the specified attributes in the Data File. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported.

We are required to be independent of the Company and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.

The procedures performed were applied based on information included in the Data File and Provided Information, without verification or evaluation of such information by us; therefore, we express no opinion or any other form of assurance regarding (i) the reasonableness of the information provided to us by the Company, (ii) the physical existence of the loans and related mortgaged properties, (iii) the reliability or accuracy of the Provided Information which was used in our procedures, or (iv) matters of legal interpretation.

2  

 

The procedures performed were not intended to address, nor did they address: (i) the conformity of the origination of the loans to stated underwriting or credit extension guidelines, standards, criteria or other requirements, (ii) the value of collateral securing any such loans and related mortgaged properties being securitized, (iii) the compliance of the originator of the loans with federal, state, and local laws and regulations, or (iv) any other factor or characteristic of the loans and related mortgaged properties that would be material to the likelihood that the issuer of the certificates will pay interest and principal in accordance with applicable terms and conditions. The procedures performed were not intended to satisfy any criteria for due diligence published by the nationally recognized statistical rating organizations (“NRSROs”).

The terms of our engagement are such that we have no responsibility to update this report because of events and circumstances that may subsequently occur.

This report is intended solely for the information and use of the Specified Parties. It is not intended to be and should not be used by any other person or entity, including investors or the NRSROs, who are not identified in the report as the Specified Parties but may have access to this report as required by law or regulation.

/s/ KPMG LLP

McLean, Virginia
September 9, 2024

3  

ATTACHMENT A

COMPARED ATTRIBUTES

Attribute Number
Attribute
Source Document(s)
1 Annex # Provided by Company
2 Loan Group Provided by Company
3 Freddie Mac Loan Number Continuing Covenant Agreement, Project Note
4 Property Name Provided by Company
5 Optigo Lender Governmental Note, Project Note, Continuing Covenant Agreement
6 Address (Street) Appraisal Report, Engineering Report, USPS Website
7 City Appraisal Report, Engineering Report, USPS Website
8 County Appraisal Report, Engineering Report, USPS Website
9 State Appraisal Report, Engineering Report, USPS Website
10 Metropolitan Statistical Area MSA Report
11 Zip Code Appraisal Report, Engineering Report, USPS Website
12 Property Type Appraisal Report
13 Property Sub-Type Appraisal Report, Investment Brief, Engineering Report, Property Inspection and Lease Audit, Continuing Covenant Agreement
14 Cut-off Date Provided by Company
15 Original Principal Balance Project Note
16 Note Date Project Note
17 Note Rate Project Note
18 Rate Type Project Note
19 Interest Calculation Project Note
20 First Payment Date Project Note
21 Maturity Date Project Note
22 Payment Date Project Note
23 Late Charge Grace Period (# of days) Project Note
24 Amortization Type Project Note
25 Original Amortization Term (months) Project Note
26 Interest Only Term Project Note
27 Prepay Provision Description Project Note, Project Loan Agreement, Funding Loan Agreement, Draft Project Note Amendment
28 Defeasance To Maturity (Y/N) Funding Loan Agreement, Project Note, Project Loan Agreement
29 Partial Defeasance Permitted (Y/N) Funding Loan Agreement, Project Note, Project Loan Agreement
30 Appraised Value Appraisal Report
31 Appraised Value Type Appraisal Report

A- 1  

ATTACHMENT A

 

Attribute Number
Attribute
Source Document(s)
32 Appraisal Firm Appraisal Report
33 Appraisal Date Appraisal Report
34 Year Built Engineering Report, Appraisal Report
35 Year Renovated Engineering Report, Appraisal Report, Certificate of Substantial Completion (Form G704), Final Site Observation Report
36 Expected Construction Completion Date Continuing Covenant Agreement, Commitment Letter, Pre-Construction Report
37 Number of Units Rent Roll, Appraisal Report, Investment Brief, Continuing Covenant Agreement
38 Affordable LI Units (<=80% AMI) CRA Report
39 Affordable LI Units (<=60% AMI) CRA Report
40 Affordable VLI Units (<=50% AMI) CRA Report
41 Unit of Measure Rent Roll, Appraisal Report, Investment Brief, Continuing Covenant Agreement
42 # Units - Commercial Appraisal Report, Rent Roll, Investment Brief, Commercial Lease
43 Elevator (Y/N) Engineering Report, Appraisal Report
44 FIRREA Eligible (Y/N) Appraisal Report
45 Zoning Status Zoning Report, Appraisal Report
46 Lien Position Final Title Policy, Continuing Covenant Agreement
47 Fee Simple/Leasehold Security Instrument, Final Title Policy
48 Ground Lease Rent Ground Lease or Ground Lease Estoppel
49 Ground Lease Expiration Date Ground Lease or Ground Lease Estoppel
50 Ground Lease Expiration Date w/ Extensions Ground Lease or Ground Lease Estoppel
51 U/W EGI Asset Summary Report (Excel or PDF)
52 U/W Expenses Asset Summary Report (Excel or PDF)
53 Underwritten Annual Reserves Asset Summary Report (Excel or PDF)
54 U/W NCF Asset Summary Report (Excel or PDF)
55 Most Recent Period Ending Asset Summary Report (Excel or PDF)
56 Most Recent EGI Asset Summary Report (Excel or PDF)
57 Most Recent Expenses Asset Summary Report (Excel or PDF)
58 Most Recent NCF Asset Summary Report (Excel or PDF)
59 2nd Most Recent Period Ending Asset Summary Report (Excel or PDF)
60 2nd Most Recent EGI Asset Summary Report (Excel or PDF)
61 2nd Most Recent Expenses Asset Summary Report (Excel or PDF)
62 2nd Most Recent NCF Asset Summary Report (Excel or PDF)
63 3rd Most Recent Period Ending Asset Summary Report (Excel or PDF)
64 3rd Most Recent EGI Asset Summary Report (Excel or PDF)
65 3rd Most Recent Expenses Asset Summary Report (Excel or PDF)
66 3rd Most Recent NCF Asset Summary Report (Excel or PDF)

A- 2  

ATTACHMENT A

 

Attribute Number
Attribute
Source Document(s)
67 Occupancy as of Date Rent Roll
68 Tenant Concentration Type

For Student, Military and Corporate concentrations: Property Inspection and Lease Audit, Investment Brief, Seller Inspection Template, Appraisal Report

For Age Restricted concentrations: Appraisal Report, Investment Brief

For Assisted Living/Independent Living concentrations: Continuing Covenant Agreement

For any other concentrations: Property Inspection and Lease Audit, Investment Brief, Seller Inspection Template, Appraisal Report, Continuing Covenant Agreement

69 % of Tenant Concentration

For Student, Military and Corporate concentrations: Property Inspection and Lease Audit, Investment Brief, Seller Inspection Template, Appraisal Report

For Age Restricted concentrations: Appraisal Report, Investment Brief

For Assisted Living/Independent Living concentrations: Continuing Covenant Agreement

For any other concentrations: Property Inspection and Lease Audit, Investment Brief, Seller Inspection Template, Appraisal Report, Continuing Covenant Agreement

70 Non-Compliance Provisions (Y/N) Continuing Covenant Agreement
71 Rental Subsidy Indicator (Y/N) Provided by Company
72 Rental Subsidy Type Provided by Company
73 Regulatory Agreement (Y/N) Legal Affordability Summary Report, Continuing Covenant Agreement, Regulatory Agreements
74 Type of Regulatory Agreement(s) Legal Affordability Summary Report, Continuing Covenant Agreement, Regulatory Agreements
75 Description of Regulatory Agreement(s) Legal Affordability Summary Report
76 Regulatory Agency/Housing Authority/Regulatory Agreement Counterparty Legal Affordability Summary Report
77 % Units with Income Restrictions Legal Affordability Summary Report, Regulatory Agreements
78 % Units with Rent Restrictions Legal Affordability Summary Report, Regulatory Agreements
79 HAP Maturity Date Legal Affordability Summary Report
80 Condo Ownership (% or N/A) Continuing Covenant Agreement
81 Amount Sq. Ft - Commercial Appraisal Report, Rent Roll, Investment Brief, Commercial Lease
82 Environmental Firm Phase I Environmental Report
83 Phase I Environmental Report Date Phase I Environmental Report

A- 3  

ATTACHMENT A

 

Attribute Number
Attribute
Source Document(s)
84 Phase II Recommended (Y/N) Phase I Environmental Report
85 Phase II Performed (Y/N) Phase II Environmental Report
86 Phase II Environmental Report Date Phase II Environmental Report
87 Environmental Cost to Cure (Phase I plus Phase II) Phase I Environmental Report & Phase II Environmental Report
88 Engineering Firm Engineering Report
89 Engineering Report Date Engineering Report
90 Immediate Repairs Cost Estimate Engineering Report
91 Replacement Reserves Cost Estimate per Year Engineering Report
92 Seismic Firm Seismic Report
93 Seismic Report Date Seismic Report
94 Elevated Seismic Hazard Region or PGA ≥ 0.15g (Y/N) Seismic Report, Engineering Report
95 PML Report Required (Y/N) Seismic Report, Engineering Report
96 PML (%) Seismic Report
97 Green Advantage CRA Report, Continuing Covenant Agreement, Green Assessment Report, Investment Brief
98 Tax Reserve - Current Balance ($ or N/A) Servicing Tape
99 Tax Reserve - Initial Deposit ($ or N/A) Servicing Tape, List of all Escrow Accounts Held, Settlement Statement, Continuing Covenant Agreement
100 Tax Reserve - Contractual Payment ($ or N/A) Servicing Tape, List of all Escrow Accounts Held, Continuing Covenant Agreement
101 Insurance Reserve - Current Balance ($ or N/A) Servicing Tape
102 Insurance Reserve - Initial Deposit ($ or N/A) Servicing Tape, List of all Escrow Accounts Held, Settlement Statement, Continuing Covenant Agreement
103 Insurance Reserve - Contractual Payment Servicing Tape, List of all Escrow Accounts Held, Continuing Covenant Agreement
104 Engineering Reserve - Current Balance ($ or N/A) Servicing Tape
105 Engineering Reserve - Initial Deposit ($ or N/A) Continuing Covenant Agreement, Servicing Tape, List of all Escrow Accounts Held, Settlement Statement
106 Engineering Reserve - Contractual Payment ($ or N/A) Continuing Covenant Agreement, Servicing Tape, List of all Escrow Accounts Held
107 Replacement Reserve - Current Balance ($ or N/A) Servicing Tape
108 Replacement Reserve - Initial Deposit ($ or N/A) Continuing Covenant Agreement, Servicing Tape, List of all Escrow Accounts Held, Settlement Statement
109 Replacement Reserve - Contractual Payment ($ or N/A) Continuing Covenant Agreement, Servicing Tape, List of all Escrow Accounts Held
110 Replacement Reserve - Contractual - Cap ($ or N/A) Continuing Covenant Agreement, Servicing Tape, List of all Escrow Accounts Held

A- 4  

ATTACHMENT A

 

Attribute Number
Attribute
Source Document(s)
111 Other Reserve - Current Balance ($ or N/A) Servicing Tape
112 Other Reserve - Initial Deposit ($ or N/A) Continuing Covenant Agreement, Servicing Tape, List of all Escrow Accounts Held, Settlement Statement
113 Other Reserve Description Continuing Covenant Agreement, Servicing Tape, List of all Escrow Accounts Held, Settlement Statement
114 Other Reserve - Contractual Payment ($ or N/A) Continuing Covenant Agreement, Servicing Tape, List of all Escrow Accounts Held
115 Other Reserve - Contractual - Cap ($ or N/A) Continuing Covenant Agreement, Servicing Tape, List of all Escrow Accounts Held
116 Springing Reserve Name Continuing Covenant Agreement, Servicing Tape, List of all Escrow Accounts Held
117 Springing Reserve Amount ($ or N/A) Continuing Covenant Agreement, Servicing Tape, List of all Escrow Accounts Held
118 Springing Reserve Description Continuing Covenant Agreement, Servicing Tape, List of all Escrow Accounts Held
119 Letter of Credit Amount Letter of Credit, Continuing Covenant Agreement
120 Letter of Credit Description Letter of Credit, Continuing Covenant Agreement
121 Are Escrows/Reserves LOC or can be converted to LOC (Y/N) Continuing Covenant Agreement
122 Specify Accounts for Escrows/Reserves LOC Continuing Covenant Agreement
123 Environmental Insurance (Y/N) Environmental Insurance Certificate, Form 1133
124 Environmental Insurance Expiration Date Provided by Company
125 Environmental Insurance Carrier (Name or N/A) Provided by Company
126 Environmental Insurance Carrier Rating Provided by Company
127 Environmental Insurance Coverage ($ or N/A) Provided by Company
128 Flood Insurance (Y/N) Standard Flood Hazard Determination Form, Property Insurance Certificate, Form 1133, Flood Waiver
129 Windstorm Insurance (Y/N) Property Insurance Certificate, Form 1133
130 Earthquake Insurance Required (Y/N) Property Insurance Certificate, Form 1133, Seismic Report, Continuing Covenant Agreement
131 Terrorism Insurance (Y/N) Property Insurance Certificate, Form 1133
132 Terrorism Insurance Expiration Date Provided by Company
133 Terrorism Insurance Coverage ($ or N/A) Provided by Company
134 Terrorism Insurance Deductible ($ or N/A) Provided by Company
135 Terrorism Insurance Carrier (Name or N/A) Provided by Company
136 Terrorism Insurance Carrier Rating Provided by Company
137 Property Insurance Coverage (Y/N) Property Insurance Certificate, Form 1133
138 Property Insurance Expiration Date Provided by Company

A- 5  

ATTACHMENT A

 

Attribute Number
Attribute
Source Document(s)
139 Property Insurance Carrier (Name or N/A) Provided by Company
140 Property Insurance Carrier Rating Provided by Company
141 Property Insurance Coverage ($ or N/A) Provided by Company
142 Property Insurance Deductible ($ or N/A) Provided by Company
143 Liability Insurance Coverage (Y/N) Liability Insurance Certificate, Form 1133
144 Liability Insurance Expiration Date Provided by Company
145 Liability Insurance Carrier (Name or N/A) Provided by Company
146 Liability Insurance Carrier Rating Provided by Company
147 Liability Insurance Coverage ($ per occurrence/$ aggregate or N/A) Provided by Company
148 Liability Insurance Deductible ($ or N/A) Provided by Company
149 Cash Management (Description or N/A) Cash Management Agreement, Lockbox Agreement, Continuing Covenant Agreement
150 Lockbox (Y/N) Cash Management Agreement, Lockbox Agreement, Continuing Covenant Agreement
151 Additional Financing In Place (existing) (Y/N) Continuing Covenant Agreement, Secondary Financing Documents
152 Additional Financing Amount (existing) Continuing Covenant Agreement, Secondary Financing Documents
153 Additional Financing Description (existing) Continuing Covenant Agreement, Secondary Financing Documents
154 Future Mezzanine Debt (Y/N) Continuing Covenant Agreement
155 Future Secondary Financing (Y/N) Continuing Covenant Agreement
156 Future Secondary Financing Description Continuing Covenant Agreement
157 Substitution Permitted (Y/N) Continuing Covenant Agreement, Cross Collateralization Agreement
158 Number of Properties per Loan Appraisal, Continuing Covenant Agreement, Management Agreement, Assignment of Management Agreement
159 Collateral Release Price ($ or N/A) Cross Collateralization Agreement, Continuing Covenant Agreement
160 Crossed Loans Cross Collateralization Agreement, Continuing Covenant Agreement
161 Release (Y or N or N/A) Continuing Covenant Agreement, Cross Collateralization Agreement
162 Release Provisions (Description or N/A) Continuing Covenant Agreement, Cross Collateralization Agreement
163 Loan Purpose Continuing Covenant Agreement, Investment Brief, Settlement Statement
164 Borrowing Entity Project Note, Continuing Covenant Agreement, Borrower Organizational Documents, Assumption Documents
165 Entity Type Project Note, Continuing Covenant Agreement, Borrower Organizational Documents, Assumption Documents

A- 6  

ATTACHMENT A

 

Attribute Number
Attribute
Source Document(s)
166 State of Organization Project Note, Continuing Covenant Agreement, Borrower Organizational Documents, Assumption Documents
167 Borrower Principal Provided by Company
168 Borrower Type Continuing Covenant Agreement
169 Tenants In Common (Y/N) Continuing Covenant Agreement
170 Delaware Statutory Trust (Y/N) Project Note, Continuing Covenant Agreement, Borrower Organizational Documents, Assumption Documents, Trust Agreements
171 Independent Director (Y/N) Continuing Covenant Agreement
172 Non-Consolidation Opinion (Y/N) Opinion of Counsel, Commitment Letter
173 Assumption Fee Continuing Covenant Agreement
174 Recourse (Y/N) Project Note, Guaranty Agreement, Continuing Covenant Agreement
175 Recourse Description Project Note, Guaranty Agreement, Continuing Covenant Agreement
176 Bad Boy Indemnitor / Guarantor Guaranty Agreement, Continuing Covenant Agreement, Assumption Documents
177 Environmental Indemnitor (Name or N/A) Guaranty Agreement, Continuing Covenant Agreement, Assumption Documents
178 Environmental Carveout (Y/N) Project Note, Guaranty Agreement, Continuing Covenant Agreement
179 Fraud Carveout (Y/N) Project Note, Guaranty Agreement, Continuing Covenant Agreement
180 Misapplication of Rent and Insurance Proceeds Carveout (Y/N) Project Note, Guaranty Agreement, Continuing Covenant Agreement
181 Voluntary Bankruptcy Carveout (Y/N) Project Note, Guaranty Agreement, Continuing Covenant Agreement
182 Waste Carveout (Y/N) Project Note, Guaranty Agreement, Continuing Covenant Agreement
183 Borrower/Principal Liquid Assets Provided by Company
184 Borrower/Principal Net Worth Provided by Company
185 Borrower Or Principal Prior Bankruptcy (Y/N) Freddie Mac Form 1115, Investment Brief, Borrower Organizational Documents
186 Bankruptcy Description (Chapter # or N/A) Provided by Company
187 Management Company Management Agreement, Assignment of Management Agreement, Continuing Covenant Agreement
188 Primary Servicing Fee Exhibit A to Commitment Letter, Exhibit A to Early Rate Lock Agreement
189 Master Servicing Fee Provided by Company
190 Trustee Fee Trustee Fee Bid Letter
191 Master Servicing Surveillance Fee Provided by Company
192 Special Servicing Surveillance Fee Provided by Company
193 CREFC Royalty Fee CREFC Fee Letter

A- 7  

ATTACHMENT A

 

Attribute Number
Attribute
Source Document(s)
194 Number of LIHTC Units Legal Affordability Summary Report, Regulatory Agreements
195 Bond Counsel Name Opinion of Counsel
196 Tax Credit Syndicator Name Provided by Company
197 Tax Credit Investor Name Continuing Covenant Agreement, Limited Partnership Agreements, Operating Agreements
198 Rental/Income/Age Restrictions (Y/N) Legal Affordability Summary Report, Regulatory Agreements, Continuing Covenant Agreement
199 Issuer Governmental Note, Funding Loan Agreement
200 Fiscal Agent Name Funding Loan Agreement, Continuing Covenant Agreement, Project Note
201 Sponsor Name Guaranty Agreement, Continuing Covenant Agreement, Assumption Documents
202 Annual Governmental Lender Fee Funding Loan Agreement, Regulatory Agreements, Commitment Letter
203 Annual Fiscal Agent Fee ($) Funding Loan Agreement, Regulatory Agreements
204 Annual Fiscal Agent Fee Payment Date Funding Loan Agreement, Regulatory Agreements
205 First Annual Fiscal Agent Fee Payment Date Funding Loan Agreement, Regulatory Agreements

 

A- 8  

ATTACHMENT B

RECOMPUTED ATTRIBUTES

Attribute Number Attribute Calculation Methodology
206 Cut-off Balance Recompute using the Original Principal Balance, Interest Calculation, Seasoning as of Cut Off Date, Interest Only Term, First Payment Date, Maturity Date, Note Rate and Monthly Debt Service, as applicable. Assume all scheduled payments of principal and/or interest on the Loans are made and that there are no prepayments or other unscheduled collections.
207 Maturity Balance Recompute as the aggregate principal amount that is scheduled to be paid on the Maturity Date, excluding the principal component that is included in the Monthly Debt Service that is due on the Maturity Date using the Original Principal Balance, Interest Calculation, Seasoning as of Cut Off Date, Interest Only Term, First Payment Date, Maturity Date, Note Rate and Monthly Debt Service, as applicable. Assume all scheduled payments of principal and/or interest on the Loans are made and that there are no prepayments or other unscheduled collections.
208 % of Cut-off Date Pool Balance Respective Cut-off Balance divided by sum of pool Cut-off Balances.
209 % of Cut-off Date Loan Group Balance Respective Cut-off Balance divided by sum of loan group Cut-off Balances.
210 Monthly Debt Service If Amortization Type is equal to “Interest Only”, set equal to Monthly Debt Service (IO). Otherwise, confirm using Project Note.
211 Monthly Debt Service (IO) Recompute using the Original Principal Balance, Interest Calculation, Interest Only Term and Note Rate. Assume all scheduled payments of principal and/or interest on the Loans are made and that there are no prepayments or other unscheduled collections.
212 Original Loan Term (months) Number of payments between and including the First Payment Date and Maturity Date.
213 Remaining Amortization Recompute using the Original Amortization Term (months), Seasoning as of Cut Off Date and Interest Only Term.
214 Remaining Term Recompute using the Original Loan Term (months), Maturity Date and Cut-off Date.
215 Seasoning as of Cut Off Date Original Loan Term (months) minus Remaining Term.
216 Cut-off Balance Per Unit Cut-off Balance divided by Number of Units.
217 LTV at Cutoff Cut-off Balance divided by Appraised Value.
218 LTV at Maturity Maturity Balance divided by Appraised Value.
219 U/W NOI U/W EGI minus U/W Expenses

B- 1  

ATTACHMENT B

 

Attribute Number Attribute Calculation Methodology
220 U/W DSCR (NCF) U/W NCF divided by product of 12 and Monthly Debt Service.
221 U/W IO DSCR (NCF) U/W NCF divided by product of 12 and Monthly Debt Service (IO).
222 Most Recent NOI Most Recent EGI minus Most Recent Expenses
223 Most Recent DSCR (NCF) Most Recent NCF divided by product of 12 and Monthly Debt Service.
224 2nd Most Recent NOI 2nd Most Recent EGI minus 2nd Most Recent Expenses
225 2nd Most Recent DSCR (NCF) 2nd Most Recent NCF divided by product of 12 and Monthly Debt Service.
226 3rd Most Recent NOI 3rd Most Recent EGI minus 3rd Most Recent Expenses
227 3rd Most Recent DSCR (NCF) 3rd Most Recent NCF divided by product of 12 and Monthly Debt Service.
228 Occupancy Rate Number of occupied units listed on the Rent Roll Source Document divided by Number of Units.
229 Monthly Rent per Unit Monthly residential rent per the Rent Roll Source Document divided by the number of residential units per the Rent Roll, Appraisal Report, Investment Brief, or Continuing Covenant Agreement Source Documents.
230 % of GPR from Commercial Rental Income Commercial income divided by the sum of commercial income and residential gross potential rent from the Asset Summary Report (Excel or PDF) Source Document.
231 CDCR (Combined DCR) Equal to N/A if Additional Financing In Place (existing) (Y/N) is equal to “No”, or if additional financing (i) has a floating interest rate, (ii) is ‘soft debt’, where there is either no requirement for repayment, or payments are calculated from excess cash flows, (iii) has conditions that provide for the potential forgiveness of the debt, (iv) is owned by the Company, (v) is a pari passu companion loan or (vi) is unsecured. Otherwise, U/W NCF divided by product of 12 and the sum of Monthly Debt Service and monthly debt service of any Additional Financing In Place (existing) (Y/N) which is not represented by any of the conditions (i) through (vi) above.

B- 2  

ATTACHMENT B

 

Attribute Number Attribute Calculation Methodology
232 CLTV (Combined LTV) Equal to N/A if Additional Financing In Place (existing) (Y/N) is equal to “No”, or if additional financing (i) is ‘soft debt’, (ii) has conditions that provide for the potential forgiveness of the debt, (iii) is owned by the Company, (iv) is a pari passu companion loan or (v) is unsecured. Otherwise, sum of Cut-off Balance and any Additional Financing Amount (existing) which is not represented by any of the conditions (i) through (v) above, divided by Appraised Value.
233 Affiliated Borrowers Group Name Recompute by grouping loans by Borrower Principal.
234 Administration Fee Sum of Primary Servicing Fee, Master Servicing Fee, Trustee Fee, Master Servicing Surveillance Fee, Special Servicing Surveillance Fee and CREFC Royalty Fee.
235 Net Mortgage Rate Note Rate minus Administration Fee.

 

B- 3  

ATTACHMENT C

INSTRUCTIONS

1. For those Compared Attributes with the source document indicated as “Provided by Company,” and those Recomputed Attributes with the calculation methodology indicated as “Provided by Company,” we were instructed by the Company to assume the attribute or result is accurate and therefore, we did not perform any procedure.

 

2. For the Compared Attribute “Environmental Cost to Cure (Phase I plus Phase II)”, we were instructed by the Company to (i) use ‘$0’ as the value for the Compared Attribute when the Source Documents contained an Environmental Cost to Cure of less than $5,000, (ii) use ‘N/A’ as the value for the Compared Attribute when the Source Documents did not indicate a value and (iii) exclude any radon mitigation costs in the value for the Compared Attribute.

 

3. For the Compared Attribute “Flood Insurance (Y/N)”, we were instructed by the Company to use ‘No’ as the value for the Compared Attribute when the Standard Flood Hazard Determination Form had the ‘No’ field marked in the ‘Determination’ section, or when no Standard Flood Hazard Determination Form was available, and the Loan File did not indicate that the Mortgaged Property was located in a special flood hazard area. When the Standard Flood Hazard Determination Form had the ‘Yes’ field marked in the ‘Determination’ section, we were instructed by the Company to use ‘Yes’ as the value for the Compared Attribute if either flood insurance or an approved waiver was stated in the Source Documents.

 

4. For the Compared Attribute “Earthquake Insurance Required (Y/N)”, we were instructed by the Company to use ‘No’ as the value for the Compared Attribute when the Compared Attribute “Elevated Seismic Hazard Region or PGA ≥ 0.15g (Y/N)” is equal to ‘No’ or when the Compared Attribute “PML (%)” is less than or equal to 20.0% or is N/A. Notwithstanding the above, if the Continuing Covenant Agreement requires earthquake insurance due to building retrofitting we were instructed by the Company to use ‘Yes’ as the value for the Compared Attribute “Earthquake Insurance Required (Y/N)”.

 

5. For the Compared Attribute “PML Report Required (Y/N)”, for Loans where “Property Sub-Type” is equal to “Manufactured Housing Community” or contains “MHC”, we were instructed by the Company to use ‘No’ as the value for the Compared Attribute, unless a Source Document was provided.

 

6. For the Compared Attribute “PML Report Required (Y/N)”, for Loans where a Seismic Report was provided, we were instructed by the Company to use ‘Yes’ as the value for the Compared Attribute.

 

7. For the Compared Attributes “Tenant Concentration Type” and “% of Tenant Concentration”, we were instructed by the Company to exclude concentration types and percentages listed for ‘Seniors’ and ‘Graduate Students’ in the Source Documents.

 

8. For the Compared Attribute “Borrower Or Principal Prior Bankruptcy (Y/N)”, we were instructed by the Company to use ‘No’ as the value for the Compared Attribute when the Source Document (“Freddie Mac Form 1115”) did not have ‘Yes’ checked for the applicable question.

 

9. For the Compared Attribute “Tax Credit Investor Name”, we were instructed by the Company to list all entities with over a 15% ownership interest in the borrower, as identified in the ‘Organizational Chart of Borrower’ in the Source Document (“Continuing Covenant Agreement”).

 

10. For the Compared Attribute “Year Renovated”, we were instructed by the Company to use the year of the value for “Expected Construction Completion Date” if the value of “Expected Construction Completion Date” was not equal to ‘N/A’.

 

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ATTACHMENT C

11. For the Compared Attribute “Number of Properties per Loan”, we were instructed by the Company to use ‘1’ as the value for the Compared Attribute when the Source Documents described multiple parcels managed by a single entity.

 

12. For the Mortgaged Property with Property Name equal to ‘Crossroad Commons’, for the Recomputed Attributes “Cut-off Balance” and “Maturity Balance”, we were instructed by the Company to apply the scheduled principal payment during the first accrual period identified in the Project Note to the Original Principal Balance prior to recomputation.

 

13. For Mortgaged Properties with a ‘Taxable Supplemental’ loan identified in the Compared Attribute “Additional Financing Description (existing)”, we were instructed to include such when recomputing the following Recomputed Attributes: “Cut-off Balance Per Unit”, “LTV at Cutoff”, “LTV at Maturity”, “U/W DSCR (NCF)”, “U/W IO DSCR (NCF)”, “Most Recent DSCR (NCF)”, “2nd Most Recent DSCR (NCF)”, and “3rd Most Recent DSCR (NCF)”.

 

14. For the Compared Attributes “Appraised Value” and “Appraisal Date”, we were instructed by the Company to use the appraised value and appraisal value date, as shown in the related Appraisal Report, that are associated with the appraisal valuation type that is identified in the “Valuation Type from Appraisal Report” column of the table below. For the Compared Attribute “Appraised Value Type”, we were instructed by the Company to use the appraisal valuation type listed in the “Appraised Value Type” column of the table below.

 

Property Name Valuation Type from Appraisal Report Appraised Value Type
Vista Ridge Apartments Market Value As Is - Restricted As-Is (Rent Restrictions)
Harbor At Twin Lakes Apartments As Is - Restricted As-Is (Rent Restrictions)
Crossroad Commons As Is Market Value, of the subject property’s Leasehold estate, subject to rent restrictions (LIHTC) As-Is (Rent Restrictions)
The Oaks Hypothetical Restricted Rent Value Scenarios - Encumbered: Hypothetical Value Upon Stabilization As-Stabilized (Rent Restrictions)
The Flats At 2109 As Is - With Restrictions As-Is (Rent Restrictions)
Salem Gardens Hypothetical Value As If Renovated/Stabilized at Approved HAP Rents As-Stabilized (Rent Restrictions)
Uncle Bob's Place Hypothetical As If Stabilized: LIHTC As-Stabilized (Rent Restrictions)
Westfield Landing Apartments As Is (LIHTC As Is) As-Is (Rent Restrictions)
Larry Moore Manor Hypothetical As If Stabilized - As Restricted As-Stabilized (Rent Restrictions)
Casa Redonda De Vigil Apartments The Subject's hypothetical leased fee market value as complete and stabilized assuming restricted operations with hypothetical rents at the lesser of maximum restricted rents and market rents As-Stabilized (Rent Restrictions)
Woodland Gardens II Hypothetical Lower of LIHTC Including PRAC (Stabilized) As-Stabilized (Rent Restrictions)

 

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