FORM T-1
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
STATEMENT OF ELIGIBILITY
UNDER THE TRUST INDENTURE ACT OF 1939 OF A
CORPORATION DESIGNATED TO ACT AS TRUSTEE
CHECK IF AN APPLICATION TO DETERMINE
ELIGIBILITY OF A TRUSTEE PURSUANT TO
SECTION 305(b)(2) |__|
THE BANK OF NEW YORK
(Exact name of trustee as specified in its charter)
New York (State of incorporation if not a U.S. national bank)
One Wall Street, New York, N.Y. (Address of principal executive offices) | 13-5160382 (I.R.S. employer identification no.)
10286 (Zip code) |
COLLEGIATE FUNDING SERVICES EDUCATION LOAN TRUST 2005-B
(Issuer of the Notes)
COLLEGIATE FUNDING OF DELAWARE, L.L.C.
(Depositor of the Issuer of the Notes)
(Exact Name of Co-Registrant as specified in its charter)
Delaware Delaware (State or other jurisdiction of incorporation or organization)
10304 Spotsylvania Avenue, Suite 100 Fredericksburg, Virginia (Address of principal executive offices) | 43-6924567 31-1812121 (I.R.S. employer identification no.)
22408 (Zip code) |
Student Loan Asset-Backed Notes Series 2005-B
(Title of the indenture securities)
1. | General information. Furnish the following information as to the Trustee: |
| (a) | Name and address of each examining or supervising authority to which it is subject. |
Superintendent of Banks of the State of New York
Federal Reserve Bank of New York
Federal Deposit Insurance Corporation
New York Clearing House Association | 2 Rector Street, New York, N.Y. 10006, and Albany, N.Y. 12203
33 Liberty Plaza, New York, N.Y. 10045
Washington, D.C. 20429
New York, New York 10005 |
| (b)
Yes. | Whether it is authorized to exercise corporate trust powers. |
2. | Affiliations with Obligor.
If the obligor is an affiliate of the trustee, describe each such affiliation.
None. |
16. | List of Exhibits.
Exhibits identified in parentheses below, on file with the Commission, are incorporated herein by reference as an exhibit hereto, pursuant to Rule 7a-29 under the Trust Indenture Act of 1939 (the "Act") and 17 C.F.R. 229.10(d). |
| 1. | A copy of the Organization Certificate of The Bank of New York (formerly Irving Trust Company) as now in effect, which contains the authority to commence business and a grant of powers to exercise corporate trust powers. (Exhibit 1 to Amendment No. 1 to Form T-1 filed with Registration Statement No. 33-6215, Exhibits 1a and 1b to Form T-1 filed with Registration Statement No. 33-21672, Exhibit 1 to Form T-1 filed with Registration Statement No. 33-29637 and Exhibit 1 to Form T-1 filed with Registration Statement No. 333-121195.) |
| 4. | A copy of the existing By-laws of the Trustee. (Exhibit 4 to Form T-1 filed with Registration Statement No. 333-121195.) |
| 6. | The consent of the Trustee required by Section 321(b) of the Act. (Exhibit 6 to Form T-1 filed with Registration Statement No. 333-106702.) |
| 7. | A copy of the latest report of condition of the Trustee published pursuant to law or to the requirements of its supervising or examining authority. |
SIGNATURE
Pursuant to the requirements of the Act, the Trustee, The Bank of New York, a corporation organized and existing under the laws of the State of New York, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in The City of Jacksonville, and State of Florida, on the 26th day of July, 2005.
| THE BANK OF NEW YORK
By: /s/ William Cardozo Name: William Cardozo Title: Agent |
EXHIBIT 7
Consolidated Report of Condition of
THE BANK OF NEW YORK
of One Wall Street, New York, N.Y. 10286
And Foreign and Domestic Subsidiaries,a member of the Federal Reserve System, at the close of business March 31, 2005, published in accordance with a call made by the Federal Reserve Bank of this District pursuant to the provisions of the Federal Reserve Act. ASSETS | Dollar Amounts In Thousands | |
Cash and balances due from depository institutions: Noninterest-bearing balances and currency and coin Interest-bearing balances | $2,292,000 7,233,000 | |
Securities: Held-to-maturity securities Available-for-sale securities | 1,831,000 21,039,000 | |
Federal funds sold and securities purchased under agreements to resell Federal funds sold in domestic offices Securities purchased under agreements to resell |
1,965,000 379,000 | |
Loans and lease financing receivables: Loans and leases held for sale Loans and leases, net of unearned income | 35,000
31,461,000 | |
LESS: Allowance for loan and lease losses Loans and leases, net of unearned income and allowance | 579,000
30,882,000 | |
Trading Assets Premises and fixed assets (including capitalized leases) Other real estate owned | 4,656,000 832,000 0 | |
Investments in unconsolidated subsidiaries and associated companies | 269,000 | |
Customers' liability to this bank on acceptances outstanding | 54,000 | |
Intangible assets Goodwill Other intangible assets | 2,042,000 740,000 | |
LIABILITIES Deposits: In domestic offices Noninterest-bearing Interest-bearing In foreign offices, Edge and Agreement subsidiaries, and IBFs Noninterest-bearing Interest-bearing |
$34,241,000 15,330,000 18,911,000
25,464,000 548,000 24,916,000 | |
Federal funds purchased and securities sold under agreements to repurchase: Federal funds purchased in domestic offices Securities sold under agreements to repurchase |
735,000
121,000 | |
Trading liabilities | 2,780,000 | |
Other borrowed money: (includes mortgage indebtedness and obligations under capitalized leases) |
1,560,000 | |
Not applicable Bank's liability on acceptances executed and outstanding Subordinated notes and debentures Other liabilities | 55,000 1,440,000 5,803,000
| |
Total liabilities | $72,199,000
| |
Minority interest in consolidated subsidiaries | 141,000 | |
EQUITY CAPITAL Perpetual preferred stock and related surplus |
0 | |
Common stock Surplus Retained earnings Accumulated other comprehensive income Other equity capital components
| 1,135,000 2,088,000 4,643,000 (90,000) 0 | |
Total equity capital | 7,776,000
| |
Total liabilities, minority interest, and equity capital | $80,116,000
| |
I, Thomas J. Mastro, Senior Vice President and Comptroller of the above-named bank do hereby declare that this Report of Condition is true and correct to the best of my knowledge and belief.
| Thomas J. Mastro, Senior Vice President and Comptroller | |
We, the undersigned directors, attest to the correctness of this statement of resources and liabilities. We declare that it has been examined by us, and to the best of our knowledge and belief has been prepared in conformance with the instructions and is true and correct.
Thomas A. Renyi Gerald L. Hassell Alan R. Griffith | > | Directors |