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 ACQUIRING THE CONTRACTS AND WITH RESPECT TO THE PLEDGE OF