-----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, JzL48XJmNLfwnbL3anhgpSrrQ3I74KRNxBLS2X8KWh/1JPY8/Vaz+4eTQgdS81ur pVOtXHopJH8ZB8UH6jglsw== 0001056404-99-000816.txt : 19991228 0001056404-99-000816.hdr.sgml : 19991228 ACCESSION NUMBER: 0001056404-99-000816 CONFORMED SUBMISSION TYPE: 10-K/A PUBLIC DOCUMENT COUNT: 4 CONFORMED PERIOD OF REPORT: 19971231 FILED AS OF DATE: 19991227 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ASSET-BACKED FLOATING RATE CERTIFICATES SERIES 1997-LB4 CENTRAL INDEX KEY: 0001044938 STANDARD INDUSTRIAL CLASSIFICATION: ASSET-BACKED SECURITIES [6189] IRS NUMBER: 133439681 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 10-K/A SEC ACT: SEC FILE NUMBER: 333-22559-07 FILM NUMBER: 99780568 BUSINESS ADDRESS: STREET 1: C/O NORWEST BANK MINNESOTA N.A. STREET 2: 11000 BROKEN LAND PARKWAY CITY: COLUMBIA STATE: MD ZIP: 21044 BUSINESS PHONE: 4108842000 MAIL ADDRESS: STREET 1: C/O NORWEST BANK MINNESOTA N.A. STREET 2: 11000 BROKEN LAND PARKWAY 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, 1997 / / Transition report pursuant to section 13 or 15(d) of the Securities Exchange Act of 1934 Commission File No.: 333-22559-07 Salomon Brothers Mortgage Securities VII, Inc., Asset-Backed Floating Rate Certificates, Series 1997-LB4 Trust (Exact name of registrant as specified in its charter) NY 52-2057992 52-2057993 52-2057994 (State or other jurisdiction (I.R.S. Employer of incorporation or organization) 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 March 26, 1998, on behalf Salomon Brothers Mortgage Securities VII, Inc., Asset-Backed Floating Rate Certificates, Series 1997-LB4 Trust (the "Trust"), established pursuant to a Pooling and Servicing Agreement among Salomon Brothers Mortgage Securities VII, Inc., as Depositor (the "Company"), Long Beach Mortgage Company, as Master Servicer, and Norwest Bank Minnesota, National Association, as Trustee, pursuant to which the Salomon Brothers Mortgage Securities VII, Inc., Asset-Backed Floating Rate Certificates, Series 1997-LB4 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 Independent Accountants' Servicing Reports concerning servicing activities for the year ended December 31, 1997. (a) Ameriquest Mortgage Company, as Subservicer 99.2 Report of Management as to Compliance with Minimum Servicing Standards for the year ended December 31, 1997. (a) Ameriquest Mortgage Company, as Subservicer 99.3 Annual Statements of Compliance under the Pooling and Servicing Agreements for the year ended December 31, 1997. (a) Ameriquest Mortgage Company, as Subservicer 99.4 Aggregate Statement of Principal and Interest Distributions to Certificate Holders. On October 9, 1997, November 10, 1997, and December 9, 1997, reports on Form 8-K were filed by the Company in order to provide the statements for the monthly distributions to holders of the Certificates. No other reports on Form 8-K have been filed during the last quarter of the period covered by this report. (c) Not applicable. (d) Omitted. Filed herewith. Previously filed. 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: Salomon Brothers Mortgage Securities VII, Inc., Asset-Backed Floating Rate Certificates, Series 1997-LB4 Trust Signed NORWEST BANK MINNESOTA, N.A., as Trustee By: /s/Sherri J. Sharps By: Sherri J. Sharps Title: Vice President -- Securities Administration Services Dated: December 1, 1999 EXHIBIT INDEX Exhibit No. 99.1 Annual Independent Accountants' Servicing Reports concerning servicing activities for the year ended December 31, 1997. (a) Ameriquest Mortgage Company, as Subservicer 99.2 Report of Management as to Compliance with Minimum Servicing Standards for the year ended December 31, 1997. (a) Ameriquest Mortgage Company, as Subservicer 99.3 Annual Statements of Compliance for the year ended December 31, 1997. (a) Ameriquest Mortgage Company, as Subservicer 99.4 Aggregate Statement of Principal and Interest Distributions to Certificate Holders Filed herewith. Previously filed. EX-99.1(A) 2 ANNUAL INDEPENDENT ACCOUNTANT'S SERVICING REPORT DELOITTE & TOUCHE LLP LOGO Suite 1200 Telephone: (714) 436-7100 695 Town Center Drive Facsimile: (714) 436-7200 Costa Mesa, California 92626-1924 INDEPENDENT ACCOUNTANTS' REPORT To Ameriquest Mortgage Company: We have examined management's assertion about Ameriquest Mortgage Company'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, 1997, included in the accompanying management assertion. Management is responsible for Ameriquest Mortgage Company'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 Ameriquest Mortgage Company'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 Ameriquest Mortgage Company's compliance with the minimum servicing standards. In our opinion, management's assertion that Ameriquest Mortgage Company complied with the aforementioned minimum servicing standards as of and for the year ended December 31, 1997 is fairly stated, in all material respects. /s/ Deloitte & Touche LLP April 8,1998 DELOITTE TOUCHE TOHMATSU INTERNATIONAL EX-99.2(A) 3 REPORT OF MANAGEMENT AMERIQUEST MORTGAGE COMPANY LOGO AMERIQUEST MORTGAGE January 12, 1998 As of and for the year ended December 31, 1997, Ameriquest Mortgage Company 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. From January 1, 1997 through December 31, !997, Ameriquest Mortgage Company had in effect a fidelity bond in the amount of $10,000,000 and for the same period, an errors and omissions policy in an amount ranging from $4,100,000 to $6,200,000. /s/ Jule J. Keen Jule J. Keen Executive Vice President of Servicing Division /s/ Shawna R. Ogilvie Shawna R. Ogilvie Vice President of Servicing Division /s/ John P Grazer John P. Grazer Executive Vice President And Acting Chief Financial Officer 505 S. Main Street. Suite 6000, Orange, California 92868-4509. (714) 543-5262 FAX (714) 542-3059 EX-99.3(A) 4 ANNUAL STATEMENT OF COMPLIANCE LONGBEACH MORTGAGE COMPANY LOGO OFFICER'S CERTIFICATE MASTER SERVICER: LONGBEACH MORTGAGE COMPANY AGREEMENT: POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1997 DEAL: ASSET-BACKED CERTIFICATES SERIES 1997-LB4 SUBJECT PEROID: MAY 2, 1997 THROUGH DECEMBER 31, 1997 CERTIFICATE DATE: MAY 15, 1998 This certificate is delivered to Norwest Bank of Minnesota, National Association, as Trustee pursuant to Sections 3.20 and 3.21 of the Pooling and Servicing Agreement dated June 1, 1997 ("the Agreement"). The undersigned officer of Long Beach Mortgage Company ("the Company") represents solely the activities of the Company and does not make any representations for any other master servicer under the Agreement. Pursuant to Section 3.20 of the Agreement; The undersigned officer of the Company has supervised a review of the Company's activities during the Subject Period with respect to the terms of the Agreement and has determined the following: (a) to undersigned officer's best knowledge, the Company has fulfilled its obligations under this Agreement and (b) there has not been a default in the fulfillment of any obligation under the Agreement. Pursuant to Section 3.21 (ii) of the Agreement; Attached to this certificate is a copy of the letter issued to our Sub-Servicer, Ameriquest Mortgage Company, by Deloitte & Touche LLP regarding Ameriquest's compliance with the Uniform Single Attestation Program for Mortgage Bankers for the year ended December 31, 1997. LONGBEACH MORTGAGE COMPANY BY: /S/ James H. Leonetti NAME: JAMES H. LEONETTI TITLE: SENIOR VICE PRESIDENT AND CHIEF FINANCIAL OFFICER AMERIQUEST MORTGAGE COMPANY OFFICERS CERTIFICATE ANNUAL STATEMENT OF COMPLIANCE MORTGAGE PASS-THROUGH CERTIFICATES RESIDENTIAL MORTGAGE LOANS, SERIES 1996-LB,1996-LB3,1997-LB1,1997-LB2,1997-LB3,1997LB4 1997-LB5,1997-LB6,1997-AQ1,1997-AQ2 IN ACCORDANCE WITH THE APPROPRIATE SECTION OF THE ABOVE-CAPTIONED POOLING AND SERVICING AGREEMENTS, I, JULE J. KEEN'AND SHAWNA R. OGILVIE OF AMERIQUEST MORTGAGE COMPANY, (THE"SERVICER") HEREBY CERTIFY: (i) A REVIEW OF THE ACTIVITIES OF THE SERVICER DURING THE PRECEDING CALENDAR. YEAR,AND OF PERFORMANCE UNDER THESE AGREEMENTS HAVE BEEN MADE UNDER OUR SUPERVISION. (ii) TO THE BEST OF OUR KNOWLEDGE, BASED ON SUCH REVIEW, THE SERVICER HAS FULFILLED ALL ITS OBLIGATIONS UNDER THESE AGREEMENTS THROUGHOUT SUCH YEAR. CERTIFIED THIS 15th DAY OF April, 1998 BY:/S/ JULE J.KEEN JULE J. KEEN EXECUTIVE VICE PRESIDENT BY /S/ SHAWNA R. OGLIVIE SHAWNA R. OGLIVIE VICE PRESIDENT 505 Main Street, Suite 6000, Orange, California 92868-4309, (714) 543.5262 FAX (714) 542-3059 -----END PRIVACY-ENHANCED MESSAGE-----