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Citigroup Commercial Mortgage Trust 2016-C3 – ‘10-K’ for 12/31/20 – ‘EX-33.8’

On:  Tuesday, 3/30/21, at 4:44pm ET   ·   For:  12/31/20   ·   Accession #:  1564590-21-16657   ·   File #:  333-207132-08

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  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 3/30/21  Citigroup Com’l Mtge Tr 2016-C3   10-K       12/31/20   36:9.1M                                   ActiveDisclosure/FA

Asset-Backed Securities (ABS)

Asset Class:  Commercial mortgages   ·   Sponsor:  Citigroup Global Markets Realty Corp.   ·   Depositor:  Citigroup Commercial Mortgage Securities Inc.


Annual Report   —   Form 10-K
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 10-K        Annual Report                                       HTML    166K 
 3: EX-33.1     Report of Compliance with Servicing Criteria        HTML     76K 
12: EX-33.11    Report of Compliance with Servicing Criteria        HTML    333K 
13: EX-33.12    Report of Compliance with Servicing Criteria        HTML     43K 
14: EX-33.13    Report of Compliance with Servicing Criteria        HTML     17K 
 4: EX-33.2     Report of Compliance with Servicing Criteria        HTML     90K 
15: EX-33.27    Report of Compliance with Servicing Criteria        HTML     63K 
 5: EX-33.3     Report of Compliance with Servicing Criteria        HTML    226K 
 6: EX-33.4     Report of Compliance with Servicing Criteria        HTML     32K 
 7: EX-33.5     Report of Compliance with Servicing Criteria        HTML    197K 
 8: EX-33.6     Report of Compliance with Servicing Criteria        HTML     37K 
 9: EX-33.7     Report of Compliance with Servicing Criteria        HTML    215K 
10: EX-33.8     Report of Compliance with Servicing Criteria        HTML     62K 
11: EX-33.9     Report of Compliance with Servicing Criteria        HTML    131K 
16: EX-34.1     Attestation Report on Assessment of Compliance      HTML     24K 
                with Servicing Criteria                                          
25: EX-34.11    Attestation Report on Assessment of Compliance      HTML     21K 
                with Servicing Criteria                                          
26: EX-34.12    Attestation Report on Assessment of Compliance      HTML     22K 
                with Servicing Criteria                                          
27: EX-34.13    Attestation Report on Assessment of Compliance      HTML     19K 
                with Servicing Criteria                                          
17: EX-34.2     Attestation Report on Assessment of Compliance      HTML     19K 
                with Servicing Criteria                                          
28: EX-34.27    Attestation Report on Assessment of Compliance      HTML     20K 
                with Servicing Criteria                                          
18: EX-34.3     Attestation Report on Assessment of Compliance      HTML     22K 
                with Servicing Criteria                                          
19: EX-34.4     Attestation Report on Assessment of Compliance      HTML     17K 
                with Servicing Criteria                                          
20: EX-34.5     Attestation Report on Assessment of Compliance      HTML     19K 
                with Servicing Criteria                                          
21: EX-34.6     Attestation Report on Assessment of Compliance      HTML     23K 
                with Servicing Criteria                                          
22: EX-34.7     Attestation Report on Assessment of Compliance      HTML     21K 
                with Servicing Criteria                                          
23: EX-34.8     Attestation Report on Assessment of Compliance      HTML     19K 
                with Servicing Criteria                                          
24: EX-34.9     Attestation Report on Assessment of Compliance      HTML     17K 
                with Servicing Criteria                                          
29: EX-35.1     Servicer Compliance Statement                       HTML     50K 
35: EX-35.15    Servicer Compliance Statement                       HTML     18K 
30: EX-35.2     Servicer Compliance Statement                       HTML    422K 
36: EX-35.21A   Servicer Compliance Statement                       HTML     19K 
31: EX-35.3     Servicer Compliance Statement                       HTML     60K 
32: EX-35.4     Servicer Compliance Statement                       HTML     23K 
33: EX-35.5     Servicer Compliance Statement                       HTML    256K 
34: EX-35.6     Servicer Compliance Statement                       HTML     32K 
 2: EX-31       Certification -- §302 - SOA'02                      HTML     17K 


‘EX-33.8’   —   Report of Compliance with Servicing Criteria


This Exhibit is an HTML Document rendered as filed.  [ Alternative Formats ]



 <!   C: 

Exhibit 33.8

Certification Regarding Compliance with Applicable Servicing Criteria

 

 

1.

LNR Partners, LLC. (the “Asserting Party”) is responsible for assessing compliance with the servicing criteria applicable to it under paragraph (d) of Item 1122 of Regulation AB, as of and for the 12-month period ending December 31, 2020 (the “Reporting Period”), as set forth in Appendix A hereto.  The transactions covered by this report, include commercial mortgage-asset-backed securities transactions for which the Asserting Party served as special servicer,  and that were registered with the Securities and Exchange Commission pursuant to the Securities Act of 1933 (the “Platform”);

2.

The Asserting Party has engaged certain vendors, which are not servicers as defined in Item 1101(j) of Regulation AB (the “Vendors”), to perform specific, limited or scripted activities, and the Asserting Party elects to take responsibility for assessing compliance with the servicing criteria or portion of the servicing criteria applicable to such Vendors’ activities as set forth in Appendix A hereto;

3.

Except as set forth in paragraph 4 below, the Asserting Party used the criteria set forth in paragraph (d) of Item 1122 of Regulation AB to assess the compliance with the applicable servicing criteria;

4.

The criteria listed in the column titled “Inapplicable Servicing Criteria” on Appendix A hereto are inapplicable to the Asserting Party based on the activities it performs, directly or through its Vendors, with respect to the Platform;

5.

The Asserting Party has complied, in all material respects, with the applicable servicing criteria as of December 31, 2020 and for the Reporting Period with respect to the Platform taken as a whole;

6.

The Asserting Party has not identified and is not aware of any material instance of noncompliance by the Vendors with the applicable servicing criteria as of December 31, 2020 and for the Reporting Period with respect to the Platform taken as a whole;

7.

The Asserting Party has not identified any material deficiency in its policies and procedures to monitor the compliance by the Vendors with the applicable servicing criteria as of December 31, 2020 and for the Reporting Period with respect to the Platform taken as a whole; and

8.

Deloitte & Touche LLP, an independent registered public accounting firm, has issued an attestation report on the Asserting Party’s assessment of compliance with the applicable servicing criteria for the Reporting Period.

 

February 16, 2021

LNR Partners, LLC

 

 

By:

 

/s/ Job Warshaw

 

 

Name:

 

Job Warshaw

 

 

Title:

 

President

 

 

 

 

1 Excludes the criteria as set forth on 3(i)(C) and 3(i)(D) which is not applicable to the Asserting Party.

2 The processing of payments within 2 business day criteria is not applicable as the Asserting Party does not routinely accept or process payments.

 


 

 

 

APPENDIX A

 

Servicing Criteria

Applicable

Servicing Criteria

INAPPLICABLE

Servicing

Criteria

Reference

Criteria

Performed

Directly

by

Asserting

Party

Performed

by

Vendor(s)

for which

Asserting

Party is the

Responsible

Party

Performed by

subservicer(s)

or vendor(s)

for which

Asserting
Party is NOT

the

Responsible

Party

NOT

performed by Asserting

Party or by

subservicer(s)

or vendor(s)

retained by

Asserting

Party

 

General Servicing Considerations

 

 

 

 

1122(d)(1)(i)

Policies and procedures are instituted to monitor any performance or other triggers and events of default in accordance with the transaction agreements.

X

 

 

 

1122(d)(1)(ii)

If any material servicing activities are outsourced to third parties, policies and procedures are instituted to monitor the third party’s performance and compliance with such servicing activities.

X

 

 

 

1122(d)(1)(iii)

Any requirements in the transaction agreements to maintain a back-up servicer for the pool assets are maintained.

 

 

 

X

1122(d)(1)(iv)

A fidelity bond and errors and omissions policy is in effect on the party participating in the servicing function throughout the reporting period in the amount of coverage required by and otherwise in accordance with the terms of the transaction agreements.

X

 

 

 

1122(d)(1)(v)

Aggregation of information, as applicable, is mathematically accurate and the information conveyed accurately reflects the information

X

 

 

 

 

Cash Collection and Administration

 

 

 

 

1122(d)(2)(i)

Payments on pool assets are deposited into the appropriate custodial bank accounts and related bank clearing accounts no more than two business days following receipt, or such other number of days specified in the transaction agreements.

X

 

X

 

 

1122(d)(2)(ii)

Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel.

X3

 

 

 

1122(d)(2)(iii)

Advances of funds or guarantees regarding collections, cash flows or distributions, and any interest or other fees charged for such advances, are made, reviewed and approved as specified in the transaction agreements.

X3

 

 

 

1122(d)(2)(iv)

The related accounts for the transaction, such as cash reserve accounts or accounts established as a form of overcollateralization, are separately maintained (e.g., with respect to commingling of cash) as set forth in the transaction agreements.

 

X

 

 

 

1122(d)(2)(v)

Each custodial account is maintained at a federally insured depository institution as set forth in the transaction agreements. For purposes of this criterion, “federally insured depository institution” with respect to a foreign financial institution means a foreign financial institution that meets the requirements of Rule 13k-1(b)(1) of the Securities Exchange Act.

 

 

X

 

 

 

 


 

Servicing Criteria

Applicable

Servicing Criteria

INAPPLICABLE

Servicing

Criteria

Reference

Criteria

Performed

Directly

by

Asserting

Party

Performed

by

Vendor(s)

for which

Asserting

Party is the

Responsible

Party

Performed by

subservicer(s)

or vendor(s)

for which

Asserting
Party is NOT

the

Responsible

Party

NOT

performed by Asserting

Party or by

subservicer(s)

or vendor(s)

retained by

Asserting

Party

1122(d)(2)(vi)

Unissued checks are safeguarded so as to prevent unauthorized access.

 

X

 

 

 

1122(d)(2)(vii)

Reconciliations are prepared on a monthly basis for all asset-backed securities related bank accounts, including custodial accounts and related bank clearing accounts. These reconciliations are (A) mathematically accurate; (B) prepared within 30 calendar days after the bank statement cutoff date, or such other number of days specified in the transaction agreements; (C) reviewed and approved by someone other than the person who prepared the reconciliation; and (D) contain explanations for reconciling items. These reconciling items are resolved within 90 calendar days of their original identification, or such other number of days specified in the transaction agreements.

 

 

 

 

X

 

 

 

 

X

 

 

 

Investor Remittances and Reporting

 

 

 

 

1122(d)(3)(i)

Reports to investors, including those to be filed with the Commission, are maintained in accordance with the transaction agreements and applicable Commission requirements. Specifically, such reports (A) are prepared in accordance with timeframes and other terms set forth in the transaction agreements; (B) provide information calculated in accordance with the terms specified in the transaction agreements; (C) are filed with the Commission as required by its rules and regulations; and (D) agree with investors’ or the trustee’s records as to the total unpaid principal balance and number of pool assets serviced by the Servicer.

 

 

 

 

X1

 

 

X

1122(d)(3)(ii)

Amounts due to investors are allocated and remitted in accordance with timeframes, distribution priority and other terms set forth in the transaction agreements.

 

 

 

X

1122(d)(3)(iii)

Disbursements made to an investor are posted within two business days to the Servicer’s investor records, or such other number of days specified in the transaction agreements.

 

 

 

X

1122(d)(3)(iv)

Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements.

 

 

 

X

 

Pool Asset Administration

 

 

 

 

1122(d)(4)(i)

Collateral or security on pool assets is maintained as required by the transaction agreements or related mortgage loan documents.

 

X

 

 

 

 

1 Excludes the criteria as set forth on 3(i)(C) and 3(i)(D) which is not applicable to the Asserting Party.

 

2 The processing of payments within 2 business day criteria is not applicable as the Asserting Party does not routinely accept or process payments.

 


 

Servicing Criteria

Applicable

Servicing Criteria

INAPPLICABLE

Servicing

Criteria

Reference

Criteria

Performed

Directly

by

Asserting

Party

Performed

by

Vendor(s)

for which

Asserting

Party is the

Responsible

Party

Performed by

subservicer(s)

or vendor(s)

for which

Asserting
Party is NOT

the

Responsible

Party

NOT

performed by Asserting

Party or by

subservicer(s)

or vendor(s)

retained by

Asserting

Party

1122(d)(4)(ii)

Pool asset and related documents are safeguarded as required by the transaction agreements

 

X

 

 

 

1122(d)(4)(iii)

Any additions, removals or substitutions to the asset pool are made, reviewed and approved in accordance with any conditions or requirements in the transaction agreements.

 

X

 

 

 

1122(d)(4)(iv)

Payments on pool assets, including any payoffs, made in accordance with the related pool asset documents are posted to the Servicer’s obligor records maintained no more than two business days after receipt, or such other number of days specified in the transaction agreements, and allocated to principal, interest or other items (e.g., escrow) in accordance with the related pool asset documents.

 

 

X2

 

 

 

 

 

1122(d)(4)(v)

The Servicer’s records regarding the pool assets agree with the Servicer’s records with respect to an obligor’s unpaid principal balance.

 

 

 

X

1122(d)(4)(vi)

Changes with respect to the terms or status of an obligor's pool assets (e.g., loan modifications or re-agings) are made, reviewed and approved by authorized personnel in accordance with the transaction agreements and related pool asset documents.

 

X

 

 

 

1122(d)(4)(vii)

Loss mitigation or recovery actions (e.g., forbearance plans, modifications and deeds in lieu of foreclosure, foreclosures and repossessions, as applicable) are initiated, conducted and concluded in accordance with the timeframes or other requirements established by the transaction agreements.

 

 

X

 

 

 

 

1122(d)(4)(viii)

Records documenting collection efforts are maintained during the period a pool asset is delinquent in accordance with the transaction agreements. Such records are maintained on at least a monthly basis, or such other period specified in the transaction agreements, and describe the entity’s activities in monitoring delinquent pool assets including, for example, phone calls, letters and payment rescheduling plans in cases where delinquency is deemed temporary (e.g., illness or unemployment).

 

 

 

X

 

 

 

1122(d)(4)(ix)

Adjustments to interest rates or rates of return for pool assets with variable rates are computed based on the related pool asset documents.

 

 

 

X

1 Excludes the criteria as set forth on 3(i)(C) and 3(i)(D) which is not applicable to the Asserting Party

 

2 The processing of payments within 2 business day criteria is not applicable as the Asserting Party does not routinely accept or process payments.

 

3 No transactions occurred with respect to this criteria

 


 

Servicing Criteria

Applicable

Servicing Criteria

INAPPLICABLE

Servicing

Criteria

Reference

Criteria

Performed

Directly

by

Asserting

Party

Performed

by

Vendor(s)

for which

Asserting

Party is the

Responsible

Party

Performed by

subservicer(s)

or vendor(s)

for which

Asserting
Party is NOT

the

Responsible

Party

NOT

performed by Asserting

Party or by

subservicer(s)

or vendor(s)

retained by

Asserting

Party

1122(d)(4)(x)

Regarding any funds held in trust for an obligor (such as escrow accounts): (A) such funds are analyzed, in accordance with the obligor’s pool asset documents, on at least an annual basis, or such other period specified in the transaction agreements; (B) interest on such funds is paid, or credited, to obligors in accordance with applicable pool asset documents and state laws; and (C) such funds are returned to the obligor within 30 calendar days of full repayment of the related pool assets, or such other number of days specified in the transaction agreements.

 

 

 

X

1122(d)(4)(xi)

Payments made on behalf of an obligor (such as tax or insurance payments) are made on or before the related penalty or expiration dates, as indicated on the appropriate bills or notices for such payments, provided that such support has been received by the Servicer at least 30 calendar days prior to these dates, or such other number of days specified in the transaction agreements.

 

 

 

X

1122(d)(4)(xii)

Any late payment penalties in connection with any payment to be made on behalf of an obligor are paid from the Servicer’s funds and not charged to the obligor, unless the late payment was due to the obligor’s error or omission.

 

 

 

X

1122(d)(4)(xiii)

Disbursements made on behalf of an obligor are posted within two business days to the obligor’s records maintained by the Servicer, or such other number of days specified in the transaction agreements.

 

 

 

X

1122(d)(4)(xiv)

Delinquencies, charge-offs and uncollectible accounts are recognized and recorded in accordance with the transaction agreements.

 

 

 

 

X

1122(d)(4)(xv)

Any external enhancement or other support, identified in Item 1114(a)(1) through (3) or Item 1115 of Regulation AB, is maintained as set forth in the transaction agreements.

 

 

 

X

 

 

1 Excludes the criteria as set forth on 3(i)(C) and 3(i)(D) which is not applicable to the Asserting Party.

 

2 The processing of payments within 2 business day criteria is not applicable as the Asserting Party does not routinely accept or process payments.

 


Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘10-K’ Filing    Date    Other Filings
Filed on:3/30/2110-D
2/16/21
For Period end:12/31/20
 List all Filings 


5 Previous Filings that this Filing References

  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

12/29/16  Citigroup Com’l Mtge Tr 2016-C3   8-K:1,9    12/22/16    2:8.3M                                   Nuvo Group, Inc./FA
12/22/16  Citigroup Com’l Mtge Tr 2016-C3   8-K/A:9    12/16/16    2:7M                                     Nuvo Group, Inc./FA
12/14/16  Citigroup Com’l Mtge Tr 2016-C3   8-K:1,9    12/08/16    2:6.7M                                   Nuvo Group, Inc./FA
11/29/16  Citigroup Com’l Mtge Tr 2016-C3   8-K:1,9    11/22/16    3:12M                                    Nuvo Group, Inc./FA
11/17/16  Citigroup Com’l Mtge Tr 2016-C3   8-K:8,9    11/17/16   24:42M                                    Nuvo Group, Inc./FA
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