-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, Bh5amcDSLW9LXIC4/trZH+uoKrvLRMTIqNMP5yXcxKZiCLeMRlNcDBQQH5+OEunA TGl/J9Uf7EmL73OHjwhEZg== 0001034225-97-000246.txt : 19971002 0001034225-97-000246.hdr.sgml : 19971002 ACCESSION NUMBER: 0001034225-97-000246 CONFORMED SUBMISSION TYPE: 10-K/A PUBLIC DOCUMENT COUNT: 7 CONFORMED PERIOD OF REPORT: 19951231 FILED AS OF DATE: 19971001 SROS: NONE FILER: COMPANY DATA: COMPANY CONFORMED NAME: EQUICON MORTGAGE LOAN TRUST 1995-2 CENTRAL INDEX KEY: 0001002669 STANDARD INDUSTRIAL CLASSIFICATION: ASSET-BACKED SECURITIES [6189] IRS NUMBER: 526772802 STATE OF INCORPORATION: NY FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 10-K/A SEC ACT: SEC FILE NUMBER: 033-96500-01 FILM NUMBER: 97689050 BUSINESS ADDRESS: STREET 1: NORWEST BANK MINNESOTA SAS TAX DEPT STREET 2: 11000 BROKEN LAND PKWY CITY: COLUMBIA STATE: MD ZIP: 21044 BUSINESS PHONE: 4108842076 MAIL ADDRESS: STREET 1: C/O NORWEST BANK MINNESOTA SAS TAX DEPT STREET 2: 11000 BROKEN LAND PKWY CITY: COLUMBIA STATE: MD ZIP: 21044 10-K/A 1 SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 10-K/A Amendment No. 1 (Mark One) | x | ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 1995 | | TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File No.: 033-96500-01 Equicon Mortgage Loan Trust, Series 1995-2 (Exact name of registrant as specified in its charter) New York (governing law of pooling and servicing agreement) State or other jurisdiction of incorporation or organization) 52-1962412, 52-1962413 (I.R.S. Employer Identification No.) c/o Norwest Bank Minnesota, N.A. 11000 Broken Land Parkway Columbia, MD 21044 (Address of principal executive (Zip Code) offices) Registrant's telephone number, including area code (410) 884-2000 Securities registered pursuant to Section 12(b) of the Act: NONE Securities registered pursuant to Section 12(g) of the Act: NONE Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes X No This Amendment No. 1 on Form 10-K/A amends Item 14 of the original Annual Report on Form 10-K (the "Original Form 10-K") filed on April 1, 1996, by Norwest Bank Minnesota, N.A. (the "Reporting Person"), on behalf of Equicon Mortgage Loan Trust, Series 1995-2 (the "Trust"), established pursuant to a Pooling Agreement (the "Pooling Agreement") among Cargill Financial Services Corporation, as Sponsor, (the "Sponsor"), Equicon Corporation, as Seller, (the "Seller"), and Norwest Bank Minnesota, N.A., as Trustee, ( the "Trustee"), pursuant to which the Equicon Mortgage Loan Trust, Series 1995-2, certificates registered under the Securities Act of 1933 (the "Certificates") were issued. Item 14 of the Original Form 10-K is amended to read in its entirety as follows: Item 14. Exhibits, Financial Statement Schedules, and Reports on Form 8-K. (a) Exhibits 99.1 Annual Report of Independent Public Accountants' as to master servicing activities or servicing activities as applicable: (a) Electronic Data Systems Corp., as Servicer (b) LSI Financial Group, as Servicer 99.2 Management Assertion Letter: (a) Electronic Data Systems Corp., as Servicer (b) LSI Financial Group, as Servicer 99.3 Annual Statements of Compliance with obligations under the Pooling Agreement or servicing agreement, as applicable, of: (a) Electronic Data Systems Corp., as Servicer (b) LSI Financial Group, as Servicer (b) Omitted. (c) Omitted. (d) Omitted. Filed herewith. SIGNATURE Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized: Equicon Mortgage Loan Trust, Series 1995-2 By: Norwest Bank Minnesota, N.A., as Trustee By: /s/ Sherri J. Sharps By: Sherri J. Sharps Title: Vice President Dated: October 1, 1995 EXHIBIT INDEX Exhibit No. 99.1 Annual Report of Independent Public Accountants' as to master servicing activities or servicing activities as applicable: (a) Electronic Data Systems Corp., as Servicer (b) LSI Financial Group, as Servicer 99.2 Management Assertion Letter: (a) Electronic Data Systems Corp., as Servicer (b) LSI Financial Group, as Servicer 99.3 Annual Statements of Compliance with obligations under the Pooling Agreement or servicing agreement, as applicable, of: (a) Electronic Data Systems Corp., as Servicer (b) LSI Financial Group, as Servicer Filed herewith. EX-99.1(A) 2 ANNUAL INDEPENDENT ACCOUNTANTS' SERVICING REPORTS (logo)KPMG Peat Marwick LLP 1600 Market Street Philadelphia, PA 19103-7212 Independent Accountant's Report We have examined management's assertion about Electronic Data Systems Corporation-Consumer Asset Management Division's (the Division's) compliance with the minimum servicing standards identified in the Mortgage Bankers Association of America's UNIFORM SINGLE ATTESTATION PROGRAM FOR MORTGAGE BANKERS (USAP) as of, and for the period ending, December 31, 1995 included in the accompanying management assertion. Management is responsible for the Division's compliance with those minimum servicing standards. Our responsibility is to express an opinion on management's assertion about the Division's compliance based on our examination. Our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about the Division's compliance with the minimum servicing standards and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination of the Division's compliance with the minimum servicing standards. In our opinion, management's assertion that Division complied with the aforementioned minimum servicing standards as of and for the period ending December 31, 1995 is fairly stated, in all material respects. /s/KPMG Peat Marwick LLP Philadelphia, PA April 17, 1996 EX-99.1(B) 3 ANNUAL INDEPENDENT ACCOUNTANTS' SERVICING REPORTS (logo)Deloitte & Touche LLP Suite 1800 Telephone: (501) 370-3600 111 Center Street Facsimile: (501) 374-4809 Little Rock, Arkansas 72201 Facsimile: (501) 375-7817 INDEPENDENT ACCOUNTANT'S REPORT To LSI Financial Group: We have examined management's assertion about LSI Financial Group's compliance with the minimum servicing standards identified in the Mortgage Bankers Association of America's UNIFORM SINGLE ATTESTATION PROGRAM FOR MORTGAGE BANKERS (USAP) as of and for the year ended December 31, 1995, included in the accompanying management assertion. Management is responsible for LSI Financial Group's compliance with those minimum servicing standards. Our responsibility is to express an opinion on management's assertion about the entity's compliance based on our examination. Our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about LSI Financial Group's compliance with the minimum servicing standards and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on LSI Financial Group's compliance with the minimum servicing standards. In our opinion, management's assertion that LSI Financial group complied with the aforementioned minimum servicing standards as of and for the year ended December 31, 1995, is fairly stated, in all material respects. /s/Deloitte & Touche LLP May 17, 1996 Deloitte Touche Tohmatsu International EX-99.2(A) 4 REPORT OF MANAGEMENT (logo)EDS April 17, 1996 Consumer Asset Management Division of Electronic Data Systems Corporation Management Report The management of the Consumer Asset Management Division of Electronic Data Systems Corporation (the Division) has the responsibility for the Division's compliance with the minimum servicing standards in the Mortgage Bankers Association of America's UNIFORM SINGLE ATTESTATION PROGRAM FOR MORTGAGE BANKERS (the USAP) for the year ended December 31, 1995 and for establishing and maintaining an effective internal control structure over compliance. In addition, as of and for the same period noted above, the Division had in effect a fidelity bond and errors and omissions policy in the amount of $5,000,000.00. Management has performed an evaluation of the Division's compliance with the requirements and for the period referred to above. Based on this assessment, management asserts that the division has complied with the minimum requirements in the USAP for the year ended December 31, 1995. Sincerely, /s/Samuel C. Brenize Executive Vice President Consumer Asset Management Division, Electronic Data Systems Corporation Consumer Asset Management Division 190 South Warner Road Wayne, Pennsylvania 19087-2127 (610) 989-1000 Fax:(610)341-3939 EX-99.2(B) 5 REPORT OF MANAGEMENT (logo)LSI FINANCIAL GROUP As of and for the year ended December 31, 1995, LSI Financial Group has complied in all material respects with the minimum servicing standards set forth in the Mortgage Bankers Association of America's Uniform SINGLE ATTESTATION PROGRAM FOR MORTGAGE BANKERS. As of and for this same period, LSI Financial Group had in effect a fidelity bond and errors and omissions policy in the amount of $1,000,000 and $5,000,000, respectively. /s/Dennis R. James Dennis R. James Chief Operating Officer May 17, 1996 415 NORTH McKINLEY SUITE 1250 LITTLE ROCK, ARKANSAS 72205 501-663-9300 EX-99.3(A) 6 ANNUAL STATEMENT OF COMPLIANCE ELECTRONIC DATA SYSTEMS CORPORATION ANNUAL STATEMENT OF COMPLIANCE I, Samuel C. Brenize, Executive Vice President of the Consumer Asset Management Division of the Electronic Data Systems Corporation, a Delaware corporation, (the "Company") in connection with the consummation of the transactions contemplated by the Pooling and Servicing Agreements dated as of March 1, 1994, October 1, 1994, and the Servicing Agreement dated as of May 1, 1995 among Cargill Financial Services Corporation, Equicon Corporation, Norwest Bank Minnesota, N.A., and the Company have been authorized on behalf of the company to make the statement that I do hereby certify that (i) a review of the activities of the Company during such preceding calendar year and of performance under the Agreements has been made under my supervision, and (ii) to the best of my knowledge, based on such review, the Company has fulfilled all its obligations under these Agreements for the year 1995. IN WITNESS WHEREOF, I have set my hand this 2nd day of July, 1996. ELECTRONIC DATA SYSTEMS CORPORATION By:/s/Samuel C. Brenize Samuel C. Brenize Executive Vice President Consumer Asset Management Division EX-99.3(B) 7 ANNUAL STATEMENT OF COMPLIANCE Norwest Bank Minnesota, N.A. Sixth Street & Marquette Avenue Minneapolis, Minnesota 55479-0069 (logo)LSI Attention : Corporate Trust Department FINANCIAL GROUP -Equicon Mortgage Loan Trust 1995-1, 1995-2, -Access Financial Mortgage Loan Trust 1996-1,1996-2 Cargill Financial Services Corporation 6000 Clearwater Drive Minnetonka, Minnesota 55343-9497 Attention: Structured Finance Financial Guaranty Insurance Company 115 Broadway New York, New York 10006 Attention : General Counsel Equicon Corporation 12800 Whitewater Drive Suite 200 Minnetonka, Minnesota 55343 Attention: Operations The undersigned Officer certifies the following for the 1995 fiscal year: (I) I have reviewed the activities of the Servicer during such preceding calendar year and of performance under this Agreement has been make under such officer's supervision, and (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement for such year, and there there has been no default in the fulfillment of all such obligations. Certified by: /s/Tim Sambrano OFFICER: President Title 7/30/96 Date 415 North McKinley Suite 1250 Little Rock, Arkansas 72205 501-663-9300 -----END PRIVACY-ENHANCED MESSAGE-----