Exhibit 33.4



LOGO

ASSERTION OF COMPLIANCE WITH

APPLICABLE SERVICING CRITERIA

The Bank of New York Mellon (formerly The Bank of New York), BNY
Mellon Trust of Delaware (formerly BNYM (Delaware)) and The Bank of New York Mellon Trust Company, N.A. (formerly The Bank of New York Trust Company, N.A.), (collectively, the Company) provides this platform-level assessment of
compliance with the servicing criteria specified in Item 1122(d) of Regulation AB promulgated by the Securities and Exchange Commission. Management has determined that the servicing criteria are applicable in regard to the servicing platform as
of and for the period as follows:

Platform: Publicly-issued (i.e., transaction-level reporting initially required under the Securities
Exchange Act of 1934, as amended) asset-backed securities issued on or after January 1, 2006 and like-kind transactions issued prior to January 1, 2006 that are subject to Regulation AB for which the Company provides trustee, securities
administration or paying agent services, as defined and to the extent applicable in the transaction agreements, other than residential mortgage-backed securities and other mortgage-related asset-backed securities.

Period: Twelve months ended December 31, 2012 (the Period).

Applicable Servicing Criteria: All servicing criteria set forth in Item 1122(d), to the extent required by the related transaction agreements as to any transaction, except as set forth in the
column titled Not Applicable To Platform in Appendix 1 attached hereto.

With respect to applicable servicing
criteria 1122(d)(2)(iii) and 1122(d)(4)(vii), there were no activities performed during the Period with respect to the Platform, because there were no occurrences of events that would require the Company to perform such activities.

With respect to servicing criterion 1122(d)(2)(vi) management has engaged a vendor to perform the activities required by the servicing
criterion. Management has determined that this vendor is not considered a servicer as defined in Item 1101 (j) of Regulation AB, and management has elected to take responsibility for assessing compliance with the servicing
criterion applicable to this vendor as permitted by Interpretation 17.06 of the SEC Division of Corporation Finance Manual of Publicly Available Telephone Interpretations (Interpretation 17.06). Management has policies and procedures in
place designed to provide reasonable assurance that the vendors activities comply in all material respects with the servicing criterion applicable to the vendor. Management is solely responsible for determining that it meets the SEC
requirements to apply Interpretation 17.06 for the vendor and related criterion.



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With respect to the Platform and the Period, the Company provides the following assessment of compliance in
respect of the Applicable Servicing Criteria:

1. The Company is responsible for assessing its compliance with the Applicable Servicing
Criteria.

2. The Company has assessed compliance with the Applicable Servicing Criteria including the servicing criterion for which
compliance is determined based on Interpretation 17.06 as described above. In performing this assessment, management used the criteria set forth by the Securities and Exchange Commission in paragraph (d) of Item 1122 of Regulation AB.

3. Based on such assessment, as of and for the Period, the Company has complied, in all material respects, with the Applicable Servicing
Criteria other than as identified on Schedule A attached.

KPMG LLP, an independent registered public accounting firm, has issued an
attestation report with respect to the Companys compliance with the Applicable Servicing Criteria as of and for the Period.



2



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|                                                |  |  |  |                             
|----------------------------------------------- |  |  |  | ----------------------------
|The Bank of New York Mellon                     |  |  |  | BNY Mellon Trust of Delaware
|                                                |  | 
|/s/ Richard P. Stanley                          |  |  |  | /s/ Robert L. Griffin       
|Richard P. Stanley                              |  |  |  | Robert L. Griffin           
|Authorized Signatory                            |  |  |  | Authorized Signatory        
|                                                |  | 
|The Bank of New York Mellon Trust Company, N.A. |  |  |  |                             
|                                                |  | 
|/s/ Troy L. Kilpatrick                          |  |  |  |                             
|Troy L. Kilpatrick                              |  |  |  |                             
|Authorized Signatory                            |  |  |  |                             
|                                                |  | 
|Dated: February 28, 2013                        |  |  |  |                             



3



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Schedule A

Material Instances of Noncompliance by the Company

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: (B) Provide information calculated in accordance with
the terms specified in the transaction agreements.

Noncompliance:

During the reporting period, certain reports to investors contained information that was not calculated in accordance with the terms
specified in the transaction agreements.

Remediation:

When management becomes aware that such changes are necessary, the applicable investor reports are revised to reflect payment adjustments
made and are maintained in accordance with the terms specified in the transaction agreements.

1122(d)(3)(ii):Amounts due to
investors are allocated and remitted in accordance with time frames, distribution priority and other terms set forth in the transaction agreements.

Noncompliance:

With respect to certain remittances during the reporting
period, amounts due to investors were not allocated and remitted in accordance with the distribution priority and other terms set forth in the transaction agreements.

Remediation:

When management becomes aware that such changes are
necessary, the applicable payments are adjusted and revisions are made to ensure that future payments will be allocated and remitted in accordance with the distribution priority and other terms set forth in the transaction agreements.



4



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Appendix 1



|                 |  |                                                                                                                                                                                                                                                                                                                                                                       |  |                                                                    |  |                           |  |  
|---------------- |  | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |  | ------------------------------------------------------------------ |  | ------------------------- |  | -
|REG AB
REFERENCE |  | SERVICING CRITERIA                                                                                                                                                                                                                                                                                                                                                    |  | APPLICABLE TO PLATFORM                                             |  | NOT APPLICABLETO PLATFORM
|                 |  | Performed Directlyby the Company                                                                                                                                                                                                                                                                                                                                      |  | Performed byVendor(s) for whichthe Company is
theResponsible Party | 
|                 |  | 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.                                                                                                                                                                  |  | X                                                                  |  |                           |  |  
|                 |  |                                                                                                                                                                                                                                                                                                                                                                       |  |                                                                   
|1122(d)(1)(iii)  |  | Any requirements in the transaction agreements to maintain a back-up servicer for the pool assets are maintained.                                                                                                                                                                                                                                                     |  |                                                                    |  |                           |  | X
|                 |  |                                                                                                                                                                                                                                                                                                                                                                       |  |                                                                   
|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.                                                                                                     |  |                                                                    |  |                           |  | 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 of receipt, or such other number
of days specified in the transaction agreements.                                                                                                                                |  | X                                                                  |  |                           |  |  
|                 |  |                                                                                                                                                                                                                                                                                                                                                                       |  |                                                                   
|1122(d)(2)(ii)   |  | Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel.                                                                                                                                                                                                                                                 |  | X                                                                  |  |                           |  |  
|                 |  |                                                                                                                                                                                                                                                                                                                                                                       |  |                                                                   
|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.                                                                                                                                             |  | X                                                                  |  |                           |  |  
|                 |  |                                                                                                                                                                                                                                                                                                                                                                       |  |                                                                   
|1122(d)(2)(iv)   |  | The related accounts for the transaction, such as cash reserve accounts or accounts established as a form of over collateralization, are separately maintained (e.g., with
respect to commingling of cash) as set forth in the transaction agreements.                                                                                                                |  | X                                                                  |  |                           |  |  
|                 |  |                                                                                                                                                                                                                                                                                                                                                                       |  |                                                                   
|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 240.13k-1 (b)(1) of this chapter. |  | X                                                                  |  |                           |  |  
|                 |  |                                                                                                                                                                                                                                                                                                                                                                       |  |                                                                   
|1122(d)(2)(vi)   |  | Unissued checks are safeguarded so as to prevent unauthorized access.                                                                                                                                                                                                                                                                                                 |  |                                                                    |  | X                         |  |  



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Appendix 1



|                 |  |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              |  |                                                                    |  |                           |  | 
|---------------- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |  | ------------------------------------------------------------------ |  | ------------------------- |  | 
|REG AB
REFERENCE |  | SERVICING CRITERIA                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           |  | APPLICABLE TO PLATFORM                                             |  | NOT APPLICABLETO PLATFORM
|                 |  | Performed Directlyby the Company                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             |  | Performed byVendor(s) for whichthe Company is
theResponsible Party | 
|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. |  | X                                                                  |  |                           |  | 
|                 |  |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              |  |                                                                   
|                 |  | 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 pool assets serviced by the servicer.                                                      |  | X                                                                  |  |                           |  | 
|                 |  |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              |  |                                                                   
|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.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            |  | X                                                                  |  |                           |  | 
|                 |  |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              |  |                                                                   
|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.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              |  | X                                                                  |  |                           |  | 
|                 |  |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              |  |                                                                   
|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.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  |  | X                                                                  |  |                           |  | 
|                 |  |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              |  |                                                                   
|                 |  | Pool asset administration                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    |  |                                                                    |  |                           |  | 
|                 |  |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              |  |                                                                   
|1122(d)(4)(i)    |  | Collateral or security on pool assets is maintained as required by the transaction agreements or related pool asset documents.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               |  | X                                                                  |  |                           |  | 
|                 |  |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              |  |                                                                   
|1122(d)(4)(ii)   |  | Pool asset and related documents are safeguarded as required by the transaction agreements                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   |  | X                                                                  |  |                           |  | 
|                 |  |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              |  |                                                                   
|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.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  |  | X                                                                  |  |                           |  | 



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Appendix 1



|                 |  |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      |  |                                                                    |  |                           |  |  
|---------------- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |  | ------------------------------------------------------------------ |  | ------------------------- |  | -
|REG AB
REFERENCE |  | SERVICING CRITERIA                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   |  | APPLICABLE TO PLATFORM                                             |  | NOT APPLICABLETO PLATFORM
|                 |  | Performed Directlyby the Company                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     |  | Performed byVendor(s) for whichthe Company is
theResponsible Party | 
|1122(d)(4)(iv)   |  | Payments on pool assets, including any payoffs, made in accordance with the related pool asset documents are posted to the applicable 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.                                                                                                                                                              |  | X                                                                  |  |                           |  |  
|                 |  |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      |  |                                                                   
|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.                                                                                                                                                                                                                                                                                                                                                                                                                                            |  | X                                                                  |  |                           |  |  
|                 |  |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      |  |                                                                   
|1122(d)(4)(vi)   |  | Changes with respect to the terms or status of an obligors pool assets (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.                                                                                                                                                                                                                                                                                                                              |  |                                                                    |  |                           |  | X
|                 |  |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      |  |                                                                   
|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).                                                                       |  |                                                                    |  |                           |  | X
|                 |  |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      |  |                                                                   
|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.                                                                                                                                                                                                                                                                                                                                                                                                                                         |  | X                                                                  |  |                           |  |  
|                 |  |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      |  |                                                                   
|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 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. |  |                                                                    |  |                           |  | X



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Appendix 1



|                 |  |                                                                                                                                                                                                                                                                                                                                                                                                 |  |                                                                    |  |                           |  |  
|---------------- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |  | ------------------------------------------------------------------ |  | ------------------------- |  | -
|REG AB
REFERENCE |  | SERVICING CRITERIA                                                                                                                                                                                                                                                                                                                                                                              |  | APPLICABLE TO PLATFORM                                             |  | NOT APPLICABLETO PLATFORM
|                 |  | Performed Directlyby the Company                                                                                                                                                                                                                                                                                                                                                                |  | Performed byVendor(s) for whichthe Company is
theResponsible Party | 
|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. |  |                                                                    |  |                           |  | X
|                 |  |                                                                                                                                                                                                                                                                                                                                                                                                 |  |                                                                   
|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.                                                                                                                                                             |  |                                                                    |  |                           |  | X
|                 |  |                                                                                                                                                                                                                                                                                                                                                                                                 |  |                                                                   
|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.                                                                                                                                                                                       |  |                                                                    |  |                           |  | X
|                 |  |                                                                                                                                                                                                                                                                                                                                                                                                 |  |                                                                   
|1122(d)(4)(xiv)  |  | Delinquencies, charge-offs and uncollectible accounts are recognized and recorded in accordance with the transaction agreements.                                                                                                                                                                                                                                                                |  |                                                                    |  |                           |  | X
|                 |  |                                                                                                                                                                                                                                                                                                                                                                                                 |  |                                                                   
|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.                                                                                                                                                                                                              |  | X                                                                  |  |                           |  |