Exhibit 33.9

 

Original Issuance Date:  February 25, 2020

Reissuance Date with Respect to Management’s Assertion 3:  March 23, 2020

 

Management’s Assertion on Compliance with Regulation AB Criteria

 

Re:Assessment of Compliance for services provided pursuant to the Pooling and Servicing Agreements entered into by CWCapital Asset Management LLC beginning January 1, 2006 for the 12 month period ended December 31, 2019.

 

1.CWCapital Asset Management LLC (“CWCAM”) is responsible for assessing compliance with applicable servicing criteria set forth in Item 1122 (d) of Regulation AB of the Securities and Exchange Commission for the securitizations issued beginning January 1, 2006, as listed on Appendix A (“Applicable Servicing Criteria”).

 

2.CWCAM has assessed its compliance with the applicable servicing criteria as of December 31, 2019 and for the period from January 1, 2019 to December 31, 2019 (the “Reporting Period”).  In making this assessment, management used the criteria set forth by the Securities and Exchange Commission in paragraph (d) of Item 1122 of Regulation AB, excluding the criteria set forth in Item 1122 (d)(1)(iii), (d)(3)(i)(b), (d)(3)(i)(c), (d)(3)(i)(d), (d)(3)(ii), (d)(3)(iii), (d)(3)(iv), (d)(4)(v), (d)(4)(ix), (d)(4)(x), (d)(4)(xi), (d)(4)(xii), (d)(4)(xiii), (d)(4)(xiv), and (d)(4)(xv) of Regulation AB, which CWCAM has concluded are not applicable to the activities it performs (collectively, the “Not Applicable Criteria”). With respect to applicable servicing criteria (d)(1)(ii), (d)(2)(vi), (d)(4)(i), (d)(4)(iii), and (d)(4)(iv), CWCAM has determined that there were no occurrences of events that would require CWCAM to perform such activities. The securitizations covered by this report include all securitizations wherein CWCAM is named as the Special Servicer for securitizations issued beginning January 1, 2006, as listed in Appendix B (the “Platform”).

 

3.The original issuance date of the Management’s Assertion on Compliance with Regulation AB Criteria was dated February 25, 2020 which excluded two securitizations on Appendix B for which CWCAM was the Special Servicer.  CWCAM is reissuing the Management’s Assertion on Compliance with Regulation AB Criteria with an amended Appendix B, dated March 23, 2020, which has added the following securitizations: MSBAM 2014-C19 and MSBAM 2015-C21.

 

4.Based on such assessment, management believes, as of December 31, 2019 and for the Reporting Period, the following:

1)  CWCAM has determined that the Not Applicable Criteria are in fact not applicable to the activities it performs with respect to the Platform.

2)  CWCAM has complied in all material respects with the applicable servicing criteria set forth in Item 1122. 

 

5.CohnReznick LLP, an independent registered public accounting firm, has issued an attestation report on CWCAM’s compliance with the Applicable Servicing Criteria as of December 31, 2019 and for the Reporting Period.  CohnReznick LLP’s original attestation report - Report of Independent Registered Public Accounting Firm was dated February 25, 2020.  CohnReznick LLP reissuance attestation report - 

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Report of Independent Registered Public Accounting firm is dual dated February 25, 2020, except for Management Assertion 3 which is dated March 23, 2020.

 

 

| CWCapital Asset Management LLC |                              |   |   |
|--------------------------------|-----------------------------------|--------|--------|
|                           |                              |   |   |   |
| By:                            | /s/ James P. Shevlin              |   | Date:  | March 23, 2020 |
|                           |                              |   |   |   |
|                           | James P. Shevlin                  |   |   |   |
|                           | President/Chief Operating Officer |   |   |   |
|                           |                              |   |   |   |
| By:                            | /s/ Bruce Cunningham              |   | Date:  | March 23, 2020 |
|                           |                              |   |   |   |
|                           | Bruce Cunningham                  |   |   |   |
|                           | Chief Financial Officer           |   |   |   |

 

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Appendix A

 

|            | Relevant Servicing Criteria                                                                                                                                                                                                                                                                                                                                                                                 |           |
|-----------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------|
| Reference       | Criteria                                                                                                                                                                                                                                                                                                                                                                                                    | CWCAM          |
|            | 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.                                                                                                                                                                                                                                                    | Applicable     |
| 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.                                                                                                                                                                                                  | Applicable     |
| 1122(d)(1)(iii) | Any requirements in the transaction agreements to maintain a back-up servicer for the mortgage loans are maintained.                                                                                                                                                                                                                                                                                        | Not Applicable |
| 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.                                                                                                                                           | Applicable     |
| 1122(d)(1)(v)   | Aggregation of information, as applicable, is mathematically accurate and the information conveyed accurately reflects the information.                                                                                                                                                                                                                                                                     | Applicable     |
|            | Cash Collection and Administration                                                                                                                                                                                                                                                                                                                                                                          |           |
| 1122(d)(2)(i)   | Payments on mortgage loans 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.                                                                                                                                                            | Applicable     |
| 1122(d)(2)(ii)  | Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel.                                                                                                                                                                                                                                                                                       | Applicable     |
| 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.                                                                                                                                                                                   | Applicable     |
| 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.                                                                                                                                                       | Applicable     |
| 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. | Applicable     |
| 1122(d)(2)(vi)  | Unissued checks are safeguarded so as to prevent unauthorized access.                                                                                                                                                                                                                                                                                                                                       | Applicable     |

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|            | Relevant Servicing Criteria                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            |                                                                                                                   |
|-----------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------|
| Reference       | Criteria                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               | CWCAM                                                                                                                  |
|            | General Servicing Considerations                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       |                                                                                                                   |
| 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 (A) are mathematically accurate; (B) are prepared within 30 calendar days after the bank statement cutoff date, or such other number of days specified in the transaction agreements; (C) are 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. | Applicable                                                                                                             |
|            | 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 mortgage loans serviced by the Servicer.                                                  | (A)  Applicable

(B)  Not Applicable

(C)  Not Applicable

(D)  Not Applicable |
| 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.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      | Not Applicable                                                                                                         |
| 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.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  | Not Applicable                                                                                                         |
| 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.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            | Not Applicable                                                                                                         |
|            | Pool Asset Administration                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              |                                                                                                                   |
| 1122(d)(4)(i)   | Collateral or security on mortgage loans is maintained as required by the transaction agreements or related mortgage loan documents.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   | Applicable                                                                                                             |
| 1122(d)(4)(ii)  | Mortgage loan and related documents are safeguarded as required by the transaction agreements.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         | Applicable                                                                                                             |
| 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.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            | Applicable                                                                                                             |
| 1122(d)(4)(iv)  | Payments on mortgage loans, including any payoffs, made in accordance with the related mortgage loan 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 mortgage loan documents.                                                                                                                                                                                                                                                                                                                            | Applicable                                                                                                             |
| 1122(d)(4)(v)   | The Servicer’s records regarding the mortgage loans agree with the Servicer’s records with respect to an obligor’s unpaid principal balance.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         | Not Applicable                                                                                                         |

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|             | Relevant Servicing Criteria                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    |           |
|------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------|
| Reference        | Criteria                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       | CWCAM          |
|             | General Servicing Considerations                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               |           |
| 1122(d)(4)(vi)   | Changes with respect to the terms or status of an obligor’s mortgage loans (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.                                                                                                                                                                                                                                                                                                                                                          | Applicable     |
| 1122(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.                                                                                                                                                                                                                                                                                                                         | Applicable     |
| 1122(d)(4)(viii) | Records documenting collection efforts are maintained during the period a mortgage loan 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 mortgage loans including, for example, phone calls, letters and payment rescheduling plans in cases where delinquency is deemed temporary (e.g., illness or unemployment).                                                                                          | Applicable     |
| 1122(d)(4)(ix)   | Adjustments to interest rates or rates of return for mortgage loans with variable rates are computed based on the related mortgage loan documents.                                                                                                                                                                                                                                                                                                                                                                                                                                                                             | Not Applicable |
| 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 mortgage loan 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 mortgage loan documents and state laws; and (C) such funds are returned to the obligor within 30 calendar days of full repayment of the related mortgage loans, or such other number of days specified in the transaction agreements. | Not Applicable |
| 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.                                                                                                                                                                                                                                | Not Applicable |
| 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.                                                                                                                                                                                                                                                                                                                                                                                | Not Applicable |
| 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.                                                                                                                                                                                                                                                                                                                                                                                                                | Not Applicable |
| 1122(d)(4)(xiv)  | Delinquencies, charge-offs and uncollectible accounts are recognized and recorded in accordance with the transaction agreements.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               | Not Applicable |
| 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.                                                                                                                                                                                                                                                                                                                                                                                                                                   | Not Applicable |

 

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Appendix B (Amended as of March 23, 2020)

 

 

 

AVENTURA 2018-AVM

BACM 2007-1

BACM 2007-2

BACM 2007-5 

BACM 2008-1

BANCORP 2019-CRE6

BANK 2017-BNK5

BHMS 2018-ATLS

BMARK2018-B2 

BENCHMARK 2018-B4

BENCHMARK 2018-B8

BENCHMARK 2019-B13

BX 2019-ATL

CF 2019-MF1

CD 2007-CD4

CFCRE 2016-C3

CGCMT 2016-P4

CGCMT 2016-P6

CLNY 2019-IKPR

COBALT 2007-C2

COBALT 2007-C3

COMM 2013 -CCRE11

COMM 2015-CCRE23

COMM 2015-CCRE25

COMM 2015-CCRE26

COMM 2016-CCRE28

COMM 2016-DC2

CPTS 2019-CPT

CSFB 2006-TFL2

CSFB 2007-C4

CSAIL 2017-CX10

CSMC 2008-C1

CSMC 2014-USA

DBUBS 2011-LC3

DCOT 2019-MTC

GRACE 2014-GRCE

GSMC 2019 BOCA

GSMS 2012-GCJ7

GSMS 2014-GC22

GSMSC 2014-GC26

GSMS 2015-GC32 

GSMS 2018-RIVR

HILT 2016-HHV

Hudson Yards 2019-55HY

JPMBB 2014-C23

JPMBB 2015-C33

JPMC 2006-CIBC17

JPMC 2006-LDP9 

JPMC 2007-CIBC18

JPMC 2008-C2

JPMC 2018-LAQ

JPMCC 2013-C16

JPMCC 2015-FL7

JPMCC 2016-H2FL

JPMCC 2017-JP7

JPMCC 2019-ICON UES

JPMDB 2017-C5

LBUBS 2006-C4

MBR 2018-MBR 

MLCFC 2006-1

MLCFC 2007-5

MLMT 2006-C1

MSBAM 2015-C27 

MSC 2016-UBS11 

MSCI 2016-UBS9

MSCI 2019-PLND 

UBS 2012-C2

UBS 2017-C1

WBCMT 2006-C23 

WBCMT 2006-C25

WBCMT 2006-C26

WBCMT 2006-C28

WBCMT 2007-C30

WBCMT 2007-C33

WBCMT 2007-C34

WBHT 2019-WBM

WFCM 2016-C35

WFCM 2016-NXS6 

WFCM 2019-JWDR

WFRBS 2013-C11

WFRBS 2013-C15 

WFRBS 2013-UBS1

WFRBS 2014-C21

WFRBS 2014-C22

WFRBS 2014-C23

WFRBS 2014-C25

 

MSBAM 2014-C19*

MSBAM 2015-C21*

*Additional securitizations added and included in Appendix B as amended, dated March 23, 2020 in accordance with Assertion 3.

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