THE OBLIGOR
RELATING TO THE FINANCED VEHICLE AND A COPY OF A CERTIFICATE EVIDENCING PHYSICAL
DAMAGE INSURANCE COVERING THE RELATED FINANCED VEHICLE, IF ANY; AND
(X)
SUCH OTHER DOCUMENTS AS THE SERVICER MAY
REASONABLY REQUEST IN ORDER TO ACCOMPLISH ITS DUTIES UNDER THIS SERVICING
AGREEMENT.
(B)
THE SERVICER SHALL KEEP BOOKS AND RECORDS,
SATISFACTORY TO THE INSURER, PERTAINING TO EACH CONTRACT AND SHALL MAKE PERIODIC
REPORTS IN ACCORDANCE WITH THIS SERVICING AGREEMENT. SUCH RECORDS MAY NOT BE
DESTROYED OR OTHERWISE DISPOSED OF EXCEPT AS PROVIDED HEREIN AND AS ALLOWED BY
APPLICABLE LAWS, REGULATIONS OR DECREES. ALL DOCUMENTS, WHETHER DEVELOPED OR
ORIGINATED BY THE SERVICER OR NOT, REASONABLY REQUIRED TO DOCUMENT OR TO
PROPERLY ADMINISTER ANY LOAN SHALL REMAIN AT ALL TIMES THE PROPERTY OF THE
ISSUER AND SHALL BE HELD IN TRUST BY THE SERVICER. THE SERVICER SHALL NOT
ACQUIRE ANY PROPERTY RIGHTS WITH RESPECT TO SUCH RECORDS, AND SHALL NOT HAVE THE
RIGHT TO POSSESSION OF THEM EXCEPT AS SUBJECT TO THE CONDITIONS
15
STATED IN THIS SERVICING AGREEMENT. THE SERVICER SHALL BEAR THE ENTIRE COST OF
RESTORATION IN THE EVENT ANY SERVICER FILES (AS DEFINED BELOW) SHALL BECOME
DAMAGED, LOST OR DESTROYED WHILE IN THE SERVICER'S POSSESSION OR CONTROL.
2.15.
POSSESSION OF SERVICER FILES.
UNLESS OTHERWISE
SPECIFIED HEREIN, THE SERVICER SHALL MAINTAIN PHYSICAL POSSESSION OF THE
INSTRUMENTS AND DOCUMENTS LISTED IN PARAGRAPH 2.14(A) ABOVE; SUCH OTHER
INSTRUMENTS OR DOCUMENTS THAT MODIFY OR SUPPLEMENT THE TERMS OR CONDITIONS OF
ANY OF THE FOREGOING; AND, ALL OTHER INSTRUMENTS, DOCUMENTS, CORRESPONDENCE AND
MEMORANDA GENERATED BY OR COMING INTO THE POSSESSION OF THE SERVICER (INCLUDING,
BUT NOT LIMITED TO, INSURANCE PREMIUM RECEIPTS, LEDGER SHEETS, PAYMENT RECORDS,
INSURANCE CLAIM FILES, CORRESPONDENCE AND CURRENT AND HISTORICAL COMPUTERIZED
DATA FILES) THAT ARE REQUIRED TO DOCUMENT OR SERVICE ANY CONTRACT. COLLECTIVELY,
ALL OF THE DOCUMENTS DESCRIBED IN THIS SECTION 2.15 WITH RESPECT TO A CONTRACT
ARE REFERRED TO AS THE "SERVICER FILES". THE SERVICER HEREBY AGREES THAT THE
COMPUTER FILES AND OTHER PHYSICAL RECORDS OF THE CONTRACTS MAINTAINED BY THE
SERVICER WILL BEAR AN INDICATION REFLECTING THAT THE CONTRACTS ARE OWNED BY THE
ISSUER AND PLEDGED TO THE INDENTURE TRUSTEE FOR THE BENEFIT OF THE NOTEHOLDERS
AND THE INSURER AND THAT ALL SERVICER FILES SHALL REMAIN THE PROPERTY OF THE
ISSUER AND SHALL BE HELD IN TRUST BY THE SERVICER. THE SERVICER SHALL RESPOND TO
ALL THIRD PARTY INQUIRIES CONCERNING OWNERSHIP OF THE CONTRACTS BY INDICATING
THAT THE CONTRACTS HAVE BEEN ASSIGNED BY THE SELLER TO THE ISSUER AND PLEDGED TO
THE INDENTURE TRUSTEE FOR THE BENEFIT OF THE NOTEHOLDERS AND THE INSURER.
2.16.
PROCESSING OF INFORMATION.
INFORMATION WITH
RESPECT TO EACH CONTRACT IS TO BE RECORDED INTO THE SERVICER'S LOAN MANAGEMENT
AND ACCOUNTING SYSTEM.
2.17.
WARRANTIES, REPRESENTATIONS AND COVENANTS WITH
RESPECT TO COMPLIANCE WITH LAW AND ENFORCEMENT.
(A)
THE ISSUER HEREBY REPRESENTS TO THE
SERVICER, BASED ON CERTAIN REPRESENTATIONS THE DEPOSITOR HAS MADE TO THE ISSUER
CONCERNING THE CONTRACTS IN THE SALE AND ALLOCATION AGREEMENT, AND ON WHICH
REPRESENTATIONS THE ISSUER HAS RELIED IN