Exhibit 33.9a

 

 

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| AEGON USA Realty Advisors, LLC                                                 |
| 6300 C Street SW

Cedar Rapids, Iowa 52499-5554

specialservicing@aegonusa.com |

 

Report on Assessment of Compliance with Applicable Servicing Criteria Pursuant to Item 1122(d) of Regulation AB under the Securities Exchange Act of 1934

AEGON USA Realty Advisors, LLC (“AEGON”) as special servicer for the commercial mortgage backed securities transactions in Appendix B (the “Platform”) hereby provides the following report on its assessment of compliance with the applicable servicing criteria pursuant paragraph (d) of Item 1122 of Regulation AB applicable to it and as described on Appendix A hereto.

 

|   | 1. | AEGON is responsible for assessing its compliance with the servicing criteria applicable to it under paragraph (d) of Item 1122 of Regulation AB, as of and for the 12-month period ending December 31, 2021 (the “Reporting Period”) as noted on the accompanying Appendix A; |
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|   | 2. | Except as set forth in paragraph 3 below, AEGON used the criteria set forth in paragraph (d) of Item 1122 of Regulation AB to assess its compliance with the applicable servicing criteria; |
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|   | 3. | The criteria listed as “N/A” in the column titled “Performed Directly by AEGON” on Appendix A hereto are inapplicable to AEGON based on the activities it performs with respect to the Platform; |
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|   | 4. | AEGON has complied, in all material respects, with the applicable servicing criteria as of December 31, 2021 and for the Reporting Period with respect to the Platform taken as a whole, except as described in Appendix C hereto; |
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|   | 5. | PricewaterhouseCoopers LLP, a registered public accounting firm, has issued an attestation report on AEGON’s assessment of compliance with the applicable servicing criteria for the Reporting period. |
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|                                                 |
|-------------------------------------------------|
| AEGON USA Realty Advisors, LLC                  |
|                                            |
|                                                 |
|      February 25, 2022 |

 

 

 

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Appendix A – Servicing Criteria Applicable to AEGON

 

|                                    |                                                                                                                                                                                                                                                                |                              |
|------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------|
| SERVICING CRITERIA                 | APPLICABLE

SERVICING

CRITERIA                                                                                                                                                                                                                                |
| Reference                          | Criteria                                                                                                                                                                                                                                                       | Performed Directly by

AEGON |
| 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.                                                                                                       | X                            |
| 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.                                                     | XC                           |
| 1122(d)(1)(iii)                    | Any requirements in the transaction agreements to maintain a back-up servicer for the pool assets are maintained.                                                                                                                                              | N/AA                         |
| 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 the transaction agreements. | X                            |
| 1122(d)(1)(v)                      | Aggregation of information, as applicable, is mathematically accurate and the information conveyed accurately reflects the information.                                                                                                                        | X                            |
| Cash Collection and Administration |
| 1122(d)(2)(i)                      | Payments on pool assets 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.                  | XC                           |
| 1122(d)(2)(ii)                     | Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel.                                                                                                                                          | XB                           |
| 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.                                      | XC                           |

 

A AEGON has determined servicing criteria 1122(d)(1)(iii), 1122(d)(3)(ii), 1122(d)(3)(iii), 1122(d)(3)(iv), 1122(d)(4)(v), 1122(d)(4)(ix), 1122(d)(4)(x), 1122(d)(4)(xi), 1122(d)(4)(xii), 1122(d)(4)(xiii), 1122(d)(4)(xiv) and 1122(d)(4)(xv) to be inapplicable to the activities AEGON performs with respect to the Platform. 

B This servicing activity was not performed during the Reporting Period as there were no loans serviced on the Platform that would trigger the applicability of this criteria. 

CThis servicing activity was not performed during the Reporting Period as there was no activity for serviced loans on the Platform that would trigger performance of this activity.

 

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Appendix A (cont.)

 

|                                                                                                                                                                                                                       |                                                                                                                                                                                                                                                                                                                                                                                              |                                 |
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------|
|                                                                                                                                                                                                                  | SERVICING CRITERIA                                                                                                                                                                                                                                                                                                                                                                           | APPLICABLE

SERVICING

CRITERIA |
| Reference                                                                                                                                                                                                             | Criteria                                                                                                                                                                                                                                                                                                                                                                                     | Performed Directly by

AEGON    |
| Cash Collection and Administration (continued)                                                                                                                                                                        |
| 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.                                                                                                                                        | XC                              |
| 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. | XC                              |
| 1122(d)(2)(vi)                                                                                                                                                                                                        | Unissued checks are safeguarded so as to prevent unauthorized access.                                                                                                                                                                                                                                                                                                                        | XC                              |
| 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:                                                                                                                                                                                             | XC                              |
| (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. |

 

A AEGON has determined servicing criteria 1122(d)(1)(iii), 1122(d)(3)(ii), 1122(d)(3)(iii), 1122(d)(3)(iv), 1122(d)(4)(v), 1122(d)(4)(ix), 1122(d)(4)(x), 1122(d)(4)(xi), 1122(d)(4)(xii), 1122(d)(4)(xiii), 1122(d)(4)(xiv) and 1122(d)(4)(xv) to be inapplicable to the activities AEGON performs with respect to the Platform. 

B This servicing activity was not performed during the Reporting Period as there were no loans serviced on the Platform that would trigger the applicability of this criteria.   

CThis servicing activity was not performed during the Reporting Period as there was no activity for serviced loans on the Platform that would trigger performance of this activity.

 

 

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Appendix A (cont.)

 

|                                                                                                                                                             |                                                                                                                                                                                                         |                                 |
|-------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------|
|                                                                                                                                                        | SERVICING CRITERIA                                                                                                                                                                                      | APPLICABLE

SERVICING

CRITERIA |
| Reference                                                                                                                                                   | Criteria                                                                                                                                                                                                | Performed Directly by

AEGON    |
| 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;                                                     | X                                                                                                                                                                                                       |
| (B) Provide information calculated in accordance with the terms specified in the transaction agreements;                                                    | XB                                                                                                                                                                                                      |
| (C) Are filed with the Commission as required by its rules and regulations; and                                                                             | XB                                                                                                                                                                                                      |
| (D) Agree with investor’s or the trustee’s records as to the total unpaid principal balance and number of pool assets serviced by the servicer. | XB                                                                                                                                                                                                      |
| 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.                                       | N/AA                            |
| 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.                   | N/AA                            |
| 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.                                                             | N/AA                            |
| Pool Asset Administration                                                                                                                                   |
| 1122(d)(4)(i)                                                                                                                                               | Collateral or security on pool assets is maintained as required by the transaction agreements or related mortgage loan documents.                                                                       | XC                              |
| 1122(d)(4)(ii)                                                                                                                                              | Pool assets and related documents are safeguarded as required by the transaction agreements.                                                                                                            | XB                              |
| 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.                             | XC                              |

 

A AEGON has determined servicing criteria 1122(d)(1)(iii), 1122(d)(3)(ii), 1122(d)(3)(iii), 1122(d)(3)(iv), 1122(d)(4)(v), 1122(d)(4)(ix), 1122(d)(4)(x), 1122(d)(4)(xi), 1122(d)(4)(xii), 1122(d)(4)(xiii), 1122(d)(4)(xiv) and 1122(d)(4)(xv) to be inapplicable to the activities AEGON performs with respect to the Platform. 

B This servicing activity was not performed during the Reporting Period as there were no loans serviced on the Platform that would trigger the applicability of this criteria.   

CThis servicing activity was not performed during the Reporting Period as there was no activity for serviced loans on the Platform that would trigger performance of this activity.

 

 

 

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Appendix A (cont.)

 

|                           |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       |                                 |
|---------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------|
|                      | SERVICING CRITERIA                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    | APPLICABLE

SERVICING

CRITERIA |
| Reference                 | Criteria                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              | Performed Directly by

AEGON    |
| Pool Asset Administration |
| 1122(d)(4)(iv)            | Payments on pool assets, including any payoffs, made in accordance with the related pool asset 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 pool asset documents.                                                                                                   | XB                              |
| 1122(d)(4)(v)             | The servicer’s records regarding the pool assets agree with the servicer’s records with respect to an obligor’s unpaid principal balance.                                                                                                                                                                                                                                                                                                                                                           | N/AA                            |
| 1122(d)(4)(vi)            | Changes with respect to the terms or status of an obligor’s pool asset (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.                                                                                                                                                                                                                                                          | XC                              |
| 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.                                                                                                                                                                                                                | X                               |
| 1122(d)(4)

(viii)        | Records documenting collection efforts are maintained during the period a pool asset 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 pool assets including, for example, phone calls, letters and payment rescheduling plans in cases where delinquency is deemed temporary (e.g., illness or unemployment). | XC                              |

 

A AEGON has determined servicing criteria 1122(d)(1)(iii), 1122(d)(3)(ii), 1122(d)(3)(iii), 1122(d)(3)(iv), 1122(d)(4)(v), 1122(d)(4)(ix), 1122(d)(4)(x), 1122(d)(4)(xi), 1122(d)(4)(xii), 1122(d)(4)(xiii), 1122(d)(4)(xiv) and 1122(d)(4)(xv) to be inapplicable to the activities AEGON performs with respect to the Platform. 

B This servicing activity was not performed during the Reporting Period as there were no loans serviced on the Platform that would trigger the applicability of this criteria. 

CThis servicing activity was not performed during the Reporting Period as there was no activity for serviced loans on the Platform that would trigger performance of this activity.

 

 

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Appendix A (cont.)

 

|                                                                                                                                                                                       |                                                                                                                                                                                                                                                                                                                                                                                                 |                                 |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------|
|                                                                                                                                                                                  | SERVICING CRITERIA                                                                                                                                                                                                                                                                                                                                                                              | APPLICABLE

SERVICING

CRITERIA |
| Reference                                                                                                                                                                             | Criteria                                                                                                                                                                                                                                                                                                                                                                                        | Performed Directly by

AEGON    |
| Pool Asset Administration (continued)                                                                                                                                                 |
| 1122(d)(4)(ix)                                                                                                                                                                        | Adjustments to interest rates or rates of return for pool assets with variable rates are computed based on the related pool asset documents.                                                                                                                                                                                                                                                    | N/AA                            |
| 1122(d)(4)(x)                                                                                                                                                                         | Regarding any funds held in trust for an obligor (such as escrow accounts):                                                                                                                                                                                                                                                                                                                     | N/AA                            |
| (A) Such funds are analyzed, in accordance with the obligor’s pool asset 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 pool asset documents and state laws; and                                                   |
| (C) Such funds are returned to the obligor within 30 calendar days of full repayment of the related pool asset, or such other number of days specified in the transaction agreements. |
| 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. | N/AA                            |
| 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.                                                                                                                                                 | N/AA                            |
| 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.                                                                                                                                                                                 | N/AA                            |
| 1122(d)(4)

(xiv)                                                                                                                                                                     | Delinquencies, charge-offs and uncollectible accounts are recognized and recorded in accordance with the transaction agreements.                                                                                                                                                                                                                                                                | N/AA                            |

 

A AEGON has determined servicing criteria 1122(d)(1)(iii), 1122(d)(3)(ii), 1122(d)(3)(iii), 1122(d)(3)(iv), 1122(d)(4)(v), 1122(d)(4)(ix), 1122(d)(4)(x), 1122(d)(4)(xi), 1122(d)(4)(xii), 1122(d)(4)(xiii), 1122(d)(4)(xiv) and 1122(d)(4)(xv) to be inapplicable to the activities AEGON performs with respect to the Platform. 

 

 

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Appendix A (cont.)

|                                       |                                                                                                                                                                                    |                                 |
|---------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------|
|                                  | SERVICING CRITERIA                                                                                                                                                                 | APPLICABLE

SERVICING

CRITERIA |
| Reference                             | Criteria                                                                                                                                                                           | Performed Directly by

AEGON    |
| Pool Asset Administration (continued) |
| 1122(d)(4)

(xv)                      | Any external enhancement or other support, identified in Item 1114(a)(1) through (3) or Item 1115 of this Regulation AB, is maintained as set forth in the transaction agreements. | N/AA                            |

 

A AEGON has determined servicing criteria 1122(d)(1)(iii), 1122(d)(3)(ii), 1122(d)(3)(iii), 1122(d)(3)(iv), 1122(d)(4)(v), 1122(d)(4)(ix), 1122(d)(4)(x), 1122(d)(4)(xi), 1122(d)(4)(xii), 1122(d)(4)(xiii), 1122(d)(4)(xiv) and 1122(d)(4)(xv) to be inapplicable to the activities AEGON performs with respect to the Platform. 

 

 

 

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Appendix B – Commercial Mortgage Backed Securities Transactions included in AEGON’s Platform

 

|                  |                 |                           |
|------------------|-----------------|---------------------------|
| Master

Servicer | Deal Name       | Loan Specific Name        |
| Berkadia         | MSC 2013-ALTM   |                     |
| KeyBank          | COMM 2013-300P  |                     |
|            | SHOPS 2016-CSTL |                     |
|            | COMM 2016-667M  |                     |
|            | CSMC 2017-LSTK  |                     |
|            | CSMC 2017-MOON  |                     |
|            | GSMS 2017-FARM  |                     |
|            | BX 2018-BIOA    |                     |
|            | DBGS 2018-BIOD  |                     |
|            | JPMCC 2018-AON  |                     |
|            | CGDBB 2017-BIOC |                     |
|            | BX 2019-RP      |                     |
|            | COMM 2016-GCT   |                     |
|            | SGCMS 2019-PREZ |                     |
|            | BX 2019-XL      |                     |
| Midland          | PRMA CDO-III    |                     |
|            | PRMA CDO-IV     |                     |
|            | BACM 2015-UBS7  | 200 Helen St              |
|            | CSAIL 2015-C3   | Charles River Plaza North |
|            | GSMS 2017-485L  |                     |
|            | CGCMT 2018-TBR  |                     |
|            | UBSCM 2018-C9   | DreamWorks Headquarters   |
|            | IPT 2018-INDP   |                     |
|            | BAMLL 2018-PARK |                     |
|            | BAMLL 2019-BPR  |                     |
| USBank           | PRMA CDO-VI     |                     |
| Wells Fargo      | GSMS 2017-375H  |                     |
|            | UBSCM 2017-C4   | Fairmount at Brewerytown  |
|            | BAMLL 2013-WBRK |                     |
|            | WFLD 2014-MONT  |                     |
|            | BAMLL 2015-200P |                     |
|            | BAMLL 2015-HAUL |                     |
|            | BAMLL 2015-ASTR |                     |
|            | BAMLL 2016-SS1  |                     |
|            | BAMLL 2016-ISQ  |                     |
|            | BBCMS 2016-ETC  |                     |

 

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|         |               |               |
|---------|---------------|---------------|
|   | HY 2016-10HY  |         |
|   | CFCRE 2016-C6 | Potomac Mills |

 

 

|        |                         |                                          |
|--------|-------------------------|------------------------------------------|
|   |   DBWF 2016-85T   |                                    |
|   |   PRKAV 2017-245P |                                    |
|   |   BXP 2017-GM     |                                    |
|   |   IMTT 2017-APTS  |                                    |
|   |   MAD 2017-330M   |                                    |
|   |   BXP 2017-CC     |                                    |
|   |   DBUBS 2017-BRBK |                                    |
|   |   WFCM 2017-HSDB  |                                    |
|   |   BAMLL 2017-SCH  | The Sheraton Grand Chicago - Leased

Fee |
|   |   WFCM 2017-SMP   |                                    |
|   |   NCMS 2018-ALXA  |                                    |
|   |   DBWF 2018-AMXP  |                                    |
|   |   BANK 2018-BN12  | Fair Oaks Mall                           |
|   |   COMM 2018-HOME  |                                    |
|   |   WFCM 2018-1745  |                                    |
|   |   NCMS 2018-FL1   |                                    |
|   |   WFCM 2018-AUS   |                                    |
|   |   BX 2018-EXCL    |                                    |
|   |   BX 2018-IND     |                                    |
|   |   SGCMS 2019-787E |                                    |
|   |   JAX 2019-LIC    |                                    |
|   | SGCMS 2020-COVE         |                                     |

 

 

 

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Appendix C

The Company has identified an instance of material noncompliance with the following servicing criterion during the Reporting Period of the Platform:  

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. 

For the only active special serviced deal during the reporting period subject to Item 1122(d)(3)(i)(A), the report to the investors was not prepared in accordance with the timeframes and other terms set forth in the transaction agreements for the period of January 1, 2021 to January, 21, 2021.