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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There are concentrations of Properties within certain regional areas which may present risk<br />
considerations in addition to those generally present for similar mortgage loan asset backed securities<br />
without such concentrations. See further "Characteristics of the Preliminary Completion Mortgage<br />
Pool".<br />
Realisation of Charged Assets and Liquidity Risk<br />
The ability of the Issuer to redeem all the Notes and Instruments in full and to pay all amounts due to<br />
the Noteholders and Instrumentholders including after the occurrence of an Event of Default under the<br />
Notes, may depend upon whether the Mortgage Loans can be realised to obtain an amount sufficient to<br />
redeem the Notes and Instruments. There is not at present an active and liquid secondary market in the<br />
United Kingdom for loans with characteristics similar to the Mortgage Loans. It may not, therefore, be<br />
possible for the Issuer or, as the case may be, the Trustee or a receiver to sell the Mortgage Loans on<br />
appropriate terms should such a course of action be required.<br />
Enforcement<br />
Costs and delays could be encountered in connection with enforcement of the Mortgages and recovery<br />
of the Mortgage Loans with corresponding delays in the receipt of related proceeds by the Issuer. For<br />
further detail in relation to the enforcement process and related risks, see further "Servicing and Special<br />
Servicing of the Mortgage Pool – Enforcement Procedures".<br />
Servicing and Special Servicing of the Mortgage Loans and Reliance on Third Parties<br />
There may initially be a period, as a result of the Servicer being recently appointed during which<br />
operational and/or technical difficulties arise with the collection or processing of payments from<br />
Borrowers and their subsequent transfer to the Collection Accounts. Such difficulties arising during<br />
this transition period may cause delays. This may on any Payment Date temporarily reduce the<br />
amounts available standing to the credit of the Issuer Transaction Account on each Payment Date to<br />
make payments on the Notes and Instruments.<br />
The Servicer has the ability under the Servicing Agreement to sub-contract its obligations.<br />
Notwithstanding any such sub-contracting to any party or delegation of the performance of any of its<br />
obligations under the Servicing Agreement, the Servicer will remain responsible for the performance of<br />
its obligations under the Servicing Agreement. See "Servicing and Special Servicing of the Mortgage<br />
Pool – Sub-Contracting by the Servicer".<br />
If the appointment of the Servicer is terminated under the Servicing Agreement, it would be necessary<br />
for the Issuer (with the consent of the Trustee) or the Trustee to appoint a substitute servicer with<br />
experience of servicing residential property mortgage loans in the United Kingdom, provided that such<br />
appointment is on substantially the same terms as those set out in the Servicing Agreement and the then<br />
current ratings of the Notes are not adversely affected thereby. The ability of a substitute servicer to<br />
fully perform the required services would depend on the information, software and records available at<br />
the time of the relevant appointment. Further, no assurance can be given that upon termination, the<br />
Issuer and the Trustee will be able to appoint a suitable substitute servicer and the Trustee has no<br />
obligation to act as servicer in such event.<br />
The Special Servicer has the ability under the Special Servicer Agreement to sub-contract its<br />
obligations. Notwithstanding any such sub-contracting to any party or delegation of the performance of<br />
any of its obligations under the Special Servicer Agreements, the Special Servicer will remain<br />
responsible for the performance of its obligations under the Special Servicer Agreement.