-----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, Anz3GbZDVtAfbtgCxRM9k8MIODOgdwqchZmxETvatbV/02cNxGmMTMiiTLgJdjjR tXd2Sw2z47lL1UzbvBoTFw== 0001056404-99-000738.txt : 19991220 0001056404-99-000738.hdr.sgml : 19991220 ACCESSION NUMBER: 0001056404-99-000738 CONFORMED SUBMISSION TYPE: 10-K/A PUBLIC DOCUMENT COUNT: 4 CONFORMED PERIOD OF REPORT: 19981231 FILED AS OF DATE: 19991217 FILER: COMPANY DATA: COMPANY CONFORMED NAME: IRWIN REVOLVING HOME EQUITY LOAN TRUST 1998-1 CENTRAL INDEX KEY: 0001072823 STANDARD INDUSTRIAL CLASSIFICATION: ASSET-BACKED SECURITIES [6189] STATE OF INCORPORATION: NY FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 10-K/A SEC ACT: SEC FILE NUMBER: 333-49015-04 FILM NUMBER: 99776254 BUSINESS ADDRESS: STREET 1: C/O NORWEST BANK MINNESOTA N A STREET 2: 11000 BROKEN LAND PARKWAY CITY: COLUMBUS STATE: MD ZIP: 21044 BUSINESS PHONE: 2136175418 MAIL ADDRESS: STREET 1: C/O NORWEST BANK MINNESOTA N A STREET 2: 11000 BROKEN LAND PARKWAY CITY: COLUMBUS STATE: MD ZIP: 21044 10-K/A 1 SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 10-K/A Amendment 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, 1998 or / / TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File No.: 333-49015-04 Irwin Revolving Home Equity Loan Trust Home Eq. Loan-Bckd Term & Var Fund Notes Series 1998-1 (Exact name of registrant as specified in its charter) New York Pending (State or other jurisdiction (I.R.S. Employer of incorporation or Identification No.) organization) c/o Norwest Bank Minnesota, N.A. 11000 Broken Land Parkway Columbia, Maryland 21044 (Address of principal executive offices) (ZIP Code) Registrant's telephone number, including area code: (410) 884-2000 Securities to be registered pursuant to Section 12(b) of the Act: NONE Securities to be 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 25, 1999, on behalf of Irwin Revolving Home Equity Loan Trust Home Eq. Loan-Bckd Term & Var Fund Notes Series 1998-1 established pursuant to a Indenture Agreement among Irwin Revolving Home Equity Loan Trust 1998-1 as Issuer, and Norwest Bank Minnesota, National Association, as Indenture Trustee, pursuant to which the Irwin Revolving Home Equity Loan Trust Home Eq. Loan-Bckd Term & Var Fund Notes Series 1998-1 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, 1998. a) Irwin (99.2) Report of Management as to Compliance with Minimum Servicing Standards for the year ended December 31, 1998. a) Irwin (99.3) Annual Statements of Compliance under the Pooling and Servicing Agreements for the year ended December 31, 1998. a) Irwin (99.4) Aggregate Statement of Principal and Interest Distributions to Certificate Holders. (b) On November 04, 1998, December 08, 1998, and December 31, 1998 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. SIGNATURES 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: Irwin Revolving Home Equity Loan Trust Home Eq. Loan-Bckd Term & Var Fund Notes Series 1998-1 Trust Signed: Norwest Bank Minnesota, N.A., as Indenture Trustee By: Sherri J. Sharps, Vice president By: /s/ Sherri J. Sharps, Vice president Dated: December 15, 1999 Exhibit Index Exhibit No. 1 99.1 Annual Independent Accountants' Servicing Reports concerning servicing activities for the year ended December 31, 1998. a) Irwin 99.2 Report of Management as to Compliance with Minimum Servicing Standards for the year ended December 31, 1998. a) Irwin 99.3 Annual Statements of Compliance under the Pooling and Servicing Agreements for the year ended December 31, 1998. a) Irwin 99.4 Aggregate Statement of Principal and Interest Distributions to Certificate Holders. Filed herewith. Previously filed. EX-99.1(A) 2 ANNUAL INDEPENDANT ACCOUNTANT'S SERVICING REPORT (logo) March 24, 1999 Report of Independent Accountants PricewaterhouseCoopers LLP Suite 1300 650 Third Ave. S. Minneapolis MN 55402 Telephone (612) 370-9300 Facsimile (612) 373 7178 Direct phone 612.596.6401 Direct fax 612.373.7161 To the Board of Directors of Irwin Home Equity We have examined management's assertion about Irwin Home Equity's (a majority-owned subsidiary of Irwin Financial Corporation), compliance with the applicable minimum servicing standards identified in the Mortgage Banker's Association of America's Uniform Single Attestation Program for Mortgage Bankers (USAP) as of and for the year ended December 31, 1998 included in the accompanying management assertion. Management is responsible for Irwin Home Equity's compliance with those minimum servicing standards. Our responsibility is to express an opinion on management's assertion about Irwin Home Equity'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 Irwin Home Equity'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 Irwin Home Equity's compliance with the minimum servicing standards. In our opinion, management's assertion that Irwin Home Equity complied with thc aforementioned minimum servicing standards as of and for the year ended December 31, 1998 is fairly stated, in all material respects. PricewaterhouseCoopers LLP EX-99.2(A) 3 REPORT OF MANAGEMENT Management's Assertion Regarding Compliance With Minimum Servicing Standards As of and for the year ended December 31, 1998, Irwin Home Equity, a majority owned subsidiary of Irwin Financial Corporation, 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, the parent corporation, Irwin Financial Corporation, had in effect a fidelity bond and errors and omissions policy in the amount of $18,000,000. Edwin Corbin Vice President - Finance Elena Delgado President EX-99.3(A) 4 ANNUAL STATEMENT OF COMPLIANCE OFFICER'S CERTIFICATE OF THE SERVICER RE: ANNUAL STATEMENT AS TO COMPLIANCE The undersigned, each a duly authorized representative of Irwin Union Bank and Trust Company as Master Servicer ("Master Servicer") pursuant to the Sale and Servicing Agreement dated as of May 31, 1998, by and among Bear Stearms Asset Backed Securities, Inc., as Depositor, Irwin Funding Corp., as Seller, Irwin Union Bank and Trust Company, as Master Servicer, The Irwin Revolving Home Equity Loan Trust 1998-1, as Issuer, and Norwest Bank Minnesota, National Association, as Indenture Trustee (as such agreement may be amended, supplemented or other wise modified from time to time, the "Sale and Servicing Agreement"), do hereby certify as follows: A. Capitalized terms used in this Certificate have their respective meanings set forth in the Sale and Servicing Agreement. References herein to certain Sections and subsections are references to the respective Sections and subsections of the Sale and Servicing Agreement. B. This Certificate is being delivered pursuant to Section 3.14 of the Sale and Servicing Agreement. C. The Master Servicer is the Master Servicer under the Sale and Servicing Agreement. D. The undersigned are duly authorized Officers of the Master Servicer. E. A review of the activities of the Master Servicer during the 1998 fiscal year and of its performance under the Servicing Agreement has been made under our supervision. F. To the best of our knowledge, based on the above-mentioned review, the Master Servicer has fulfilled all of their obligations under the Sale and Servicing Agreement and any applicable Supplements throughout the 1998 fiscal year. IN WITNESS WHEREOF, the Servicer has caused this Certificate to be executed and delivered on its behalf by its duly authorized officers on this 28th day of May, 1999. IRWIN UNION BANK AND TRUST COMPANY Attest: Fern P. Prosnitz Assistant Secretary By: Elena Delgado Senior Vice President Home Equity Lending -----END PRIVACY-ENHANCED MESSAGE-----