ALBA 2007 â 1 plc - Irish Stock Exchange
ALBA 2007 â 1 plc - Irish Stock Exchange
ALBA 2007 â 1 plc - Irish Stock Exchange
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(a)<br />
(b)<br />
(c)<br />
the Completion Mortgage Pool;<br />
any further advances made by the Seller to Borrowers and, after the satisfaction of certain<br />
conditions, funded by the Issuer and secured on the relevant Property (the "Further<br />
Advances") in accordance with the provisions of the Mortgage Sale Agreement and the Special<br />
Servicer Agreement (see "Servicing and Special Servicing of the Mortgage Pool – Further<br />
Advances"); and<br />
any advances made by the Seller to Borrowers that have redeemed their initial Mortgage Loans<br />
and been granted new Mortgage Loans on substantially the same commercial terms within six<br />
months of the date of redemption of the initial Mortgage Loans for other Properties (such new<br />
Mortgage Loans, the "Ported Mortgage Loans") and, after the satisfaction of certain<br />
conditions, funded by the Issuer and secured on the relevant Property in accordance with the<br />
provisions of the Mortgage Sale Agreement and the Special Servicer Agreement (see "Servicing<br />
and Special Servicing of the Mortgage Pool – Ported Mortgage Loan").<br />
Mortgage Servicing and Special Servicing<br />
The Servicer will be appointed under the terms of the servicing agreement to be dated on or about the<br />
Issue Date between, inter alios, the Issuer, the Seller, the Servicer, the Special Servicer and the Trustee<br />
(as so amended, the "Servicing Agreement") to service and administer the Mortgage Loans and the<br />
Related Security on behalf of and as agent for the Issuer, the Seller and, if so appointed following the<br />
service of an Enforcement Notice, the Trustee. In addition, the Servicer is obliged to report on a<br />
regular basis to the Trustee and the Issuer pursuant to the terms of the Servicing Agreement regarding<br />
the status, performance and the administration of the Mortgage Loans and other matters relating to its<br />
administrative functions as described in "Servicing and Special Servicing of the Mortgage Pool".<br />
The Special Servicer will be appointed under the terms of the special servicer agreement relating to the<br />
Mortgage Loans dated on or prior to the Issue Date between the Issuer, the Special Servicer, the Seller<br />
and the Trustee (the "Special Servicer Agreement") to provide certain specialist servicing and<br />
administration functions in relation to the Mortgage Loans on behalf of the Issuer and, if so appointed<br />
following the service of an Enforcement Notice, the Trustee. (See further "Servicing and Special<br />
Servicing of the Mortgage Pool").<br />
Neither the Servicer nor the Special Servicer will be liable for any of the financial obligations of the<br />
Issuer, including any payments of principal, interest or other amounts on the Notes or the Instruments.<br />
Principal Features of the Notes and the Instruments<br />
Ranking of the Notes<br />
The A Notes, the B Notes, the C Notes, the D Notes, the E Notes, the F Notes, the MERCs, the<br />
Subordinated Notes and the R Certificates will be constituted by the Trust Deed and will share (subject<br />
to the priority described below) in the same security.<br />
The A Notes will be secured by the same security that will secure the B Notes, the C Notes, the D<br />
Notes, the E Notes, the F Notes, the MERCs, the Subordinated Notes and the R Certificates. Upon<br />
enforcement of the Security by the Trustee, the A Notes will rank pari passu without preference or<br />
priority amongst themselves and will rank in priority to the B Notes, the C Notes, the D Notes, the E<br />
Notes, the F Notes, the MERCs, the Subordinated Notes and the R Certificates in point of security; the<br />
B Notes will rank pari passu without preference or priority amongst themselves and will rank in<br />
priority to the C Notes, the D Notes, the E Notes, the F Notes, the MERCs, the Subordinated Notes