Common use of Advances Clause in Contracts

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 13 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Certificates Series 2004-He2), Pooling and Servicing Agreement (Bear Stearns Asset-Backed Certificates Series 2004-He3), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2004-He11)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Accountrelated Collection Account at the time described below an amount equal to with respect to the Mortgage Loans, no later than all Scheduled Payments (with interest at the close of business Mortgage Rate less the Servicing Fee Rate) which were due on the Business Day immediately preceding related Mortgage Loans during the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as applicable Collection Period; provided in Section 4.02. The obligation to make Advances however, that with respect to any Balloon Loan that is delinquent on its maturity date, a Servicer will not be required to advance the related balloon payment but will be required to continue to make advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan shall (with interest at the Mortgage Rate less the Servicing Fee Rate). Each Servicer’s obligation to make such Advances as to any related Mortgage Loan will continue until through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan is paid in full Loan, or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision the terms of this Agreement, except as otherwise provided in this Section 5.01. Subject The Servicers shall not be required to and advance shortfalls of principal or interest resulting from the application of the Relief Act. Each Servicer shall be obligated to make Advances with respect to those Mortgage Loans serviced by it in accordance with the provisions of Article VIII hereofthis Agreement; provided however, that such obligation with respect to any related Mortgage Loan shall cease if the related Servicer determines, in its sole discretion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Master related Servicer fails determines that any such Advances are Nonrecoverable Advances, such Servicer shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such determination. If an Advance is required to be made hereunder, the related Servicer shall on the applicable Servicer Remittance Date immediately following the Determination Date either (i) deposit in the related Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of such Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 4.01, used by such Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance, then the Trustee, as Successor Master Servicer, . Any such funds being held in a Collection Account for future distribution and so used shall be obligated to make replaced by the related Servicer from its own funds by deposit in such AdvanceCollection Account on or before the next Distribution Date in which such funds would be due or from other funds in the Collection Account being held for future distribution, subject to the provisions of this Section 5.01if available.

Appears in 11 contracts

Sources: Pooling and Servicing Agreement (Home Equity Asset Trust 2007-1), Pooling and Servicing Agreement (Home Equity Asset Trust 2006-5), Pooling and Servicing Agreement (Home Equity Asset Trust 2006-7)

Advances. The Master Servicer shallIf the Monthly Payment on a Loan or a portion thereof is delinquent as of its Due Date, other than as a result of interest shortfalls due to bankruptcy proceedings or shall cause application of the Relief Act, and the related subservicer Servicer fails to make a Monthly Advance pursuant to the Subservicing Agreement torelated Servicing Agreement, make an Advance and the Master Servicer shall deposit such Advance in the Protected Distribution Account. Each such Advance shall be remitted to , from its own funds or from amounts on deposit in the Distribution Account no that are held for future distribution, not later than 1:00 p.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The preceding the related Distribution Date an amount equal to such delinquency, net of the Servicing Fee and Master Servicing Fee for such Loan except to the extent the Master Servicer shall be obligated to make determines any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer Any amounts held for future distribution and so used shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to be appropriately reflected in the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its ’s records relating to the Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, no later Account on or before any future Distribution Account Deposit Date to the extent that the Available Distribution Amount for the related Distribution Date (determined without regard to Advances to be made on the Distribution Account Deposit Date) shall be less than the close total amount that would be distributed to the Classes of business Certificateholders pursuant to Section 4.1 on the Business Day immediately preceding the such Distribution Date on which if such funds are required amounts held for future distributions had not been so used to be distributed pursuant make Advances. Subject to this Agreement. The the foregoing, the Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation continue to make such Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or through the date that the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant Servicer is required to any applicable provision of this do so under its Servicing Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in In the event the Master Servicer fails elects not to make an Advance because the Master Servicer deems such AdvanceAdvance to be a Nonrecoverable Advance pursuant to this Section 4.4, then on the TrusteeDistribution Account Deposit Date, as Successor the Master Servicer, Servicer shall be obligated present an Officer’s Certificate to the Trustee (i) stating that the Master Servicer elects not to make such an Advance in a stated amount and (ii) detailing the reason it deems the Advance to be a Nonrecoverable Advance, subject to the provisions of this Section 5.01.

Appears in 9 contracts

Sources: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Oa1), Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar2), Pooling and Servicing Agreement (Deutsche Alt-a Securities Inc)

Advances. The Master EMC Servicer shall, or shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Master Servicer Collection Account no later than 1:00 p.m. Eastern Central time on the Distribution Account Deposit related Servicer Remittance Date in immediately available funds. The Master EMC Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master EMC Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master EMC Servicer shall deliver to the Master Servicer (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master EMC Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions has been used by the Master EMC Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Master Servicer Collection Account. Any funds so applied and transferred shall be replaced by the Master EMC Servicer by deposit in the Distribution Account, Protected Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Remittance Date on which such funds are required to be distributed pursuant remitted to this Agreementthe Master Servicer for deposit into the Master Servicer Collection Account. The Master EMC Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. 1.08 of this Exhibit K. The obligation to make Advances with respect to any EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this the Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.012.01.

Appears in 9 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2003-Sd2), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2004-Sd2), Pooling and Servicing Agreement (Bear Stearns Asset-Backed Certificates Series 2004-Sd1)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant Subject to the Subservicing Agreement toconditions of this Article IV, the Servicer, as required below, shall make an Advance and deposit such Advance in the Protected Collection Account. Each such Advance shall be remitted to the Distribution Collection Account no later than 1:00 2:00 p.m. Eastern New York City time on the Distribution Account Deposit Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject The Servicer may, in its sole discretion, make an Advance with respect to the Master principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's recoverability determination, in obligation under this Section 4.01 to Advance the event that interest portion of the final Scheduled Payment with respect to a subservicer fails to make Balloon Loan as if such Balloon Loan were a required Advancefully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan for a first lien Mortgage when due, the Master Servicer shall be required Advance (unless it determines in its good faith judgment that such amounts would constitute a Non Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to remit the amount of such Advance to the Distribution Accountzero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund Issuing Entity pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.014.01.

Appears in 8 contracts

Sources: Pooling and Servicing Agreement (Specialty Underwriting & Residential Finance Trust Series 2006-Ab3), Pooling and Servicing Agreement (Specialty Underwriting & Residential Finance Trust, Series 2007-Ab1), Pooling and Servicing Agreement (Specialty Underwriting & Residential Finance Trust Series 2006-Ab3)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance (other than any balloon payments) and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. 10:00 a.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer's ’s recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 8 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-He12), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He5), Pooling and Servicing Agreement (SACO I Trust 2006-4)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Accountrelated Collection Account at the time described below an amount equal to with respect to the Mortgage Loans, no later than all Scheduled Payments (with interest at the close of business Mortgage Rate less the Servicing Fee Rate) which were due on the Business Day immediately preceding related Mortgage Loans during the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as applicable Collection Period; provided in Section 4.02. The obligation to make Advances however, that with respect to any Balloon Loan that is delinquent on its maturity date, a Servicer will not be required to advance the related balloon payment but will be required to continue to make advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan shall (with interest at the Mortgage Rate less the Servicing Fee Rate). Each Servicer’s obligation to make such Advances as to any related Mortgage Loan will continue until through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan is paid in full Loan, or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision the terms of this Agreement, except as otherwise provided in this Section 5.01. Subject The Servicers shall not be required to and advance shortfalls of principal or interest resulting from the application of the Relief Act. Each Servicer shall be obligated to make Advances with respect to those Mortgage Loans serviced by it in accordance with the provisions of Article VIII hereofthis Agreement; provided however, that such obligation with respect to any related Mortgage Loan shall cease if the related Servicer determines, in its sole discretion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Master related Servicer fails determines that any such Advances are Nonrecoverable Advances, such Servicer shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such determination. If an Advance is required to be made hereunder, the related Servicer shall on the applicable Servicer Remittance Date immediately following the Determination Date either (i) deposit in the related Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of such Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 4.01, used by such Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance, then the Trustee, as Successor Master Servicer, . Any such funds being held in a Collection Account for future distribution and so used shall be obligated to make replaced by the related Servicer from its own funds by deposit in such Advance, subject to Collection Account on or before the provisions of this Section 5.01next Distribution Date in which such funds would be due.

Appears in 7 contracts

Sources: Pooling and Servicing Agreement, Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp. Home Equity Asset Trust 2004-5), Pooling and Servicing Agreement (Home Equity Asset Trust 2004-7)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant (a) Subject to the Subservicing Agreement toconditions of this Article IV, the Servicer, as required below, shall make an Advance and deposit such Advance in the Protected Collection Account. Each The Servicer shall use commercially reasonable efforts to remit each such Advance shall be remitted to the Distribution Account no later than 1:00 2:30 p.m. Eastern time time, but in any case no later than 4:00 p.m. Eastern time, on the Distribution Account Deposit Servicer Remittance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject The Servicer may, in its sole discretion, make an Advance with respect to the Master principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's recoverability determination, in obligation under this Section 4.01 to Advance the event that interest portion of the final Scheduled Payment with respect to a subservicer fails to make Balloon Loan as if such Balloon Loan were a required Advancefully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Master Servicer shall be required Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to remit the amount of such Advance to the Distribution Accountzero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Remittance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) such Mortgage Loan is paid in full or full, (ii) the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund Issuing Entity pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and 4.01, (iii) the Servicer determines in accordance with the provisions of Article VIII hereof, its good faith judgment that such amounts would constitute a Non-Recoverable Advance as provided in the event preceding paragraph or (iv) the Master date on which such Mortgage Loan becomes 150 days delinquent as set forth below. (b) Notwithstanding anything in this Agreement to the contrary (including, but not limited to, Sections 3.01 and 4.01(a) hereof), no Advance or Servicing Advance shall be required to be made hereunder by the Servicer fails to make (including for the avoidance of doubt, the Trustee as successor servicer) if such Advance or Servicing Advance would, if made, constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance. The determination by the Servicer that it has made a Non-Recoverable Advance or a Non-Recoverable Servicing Advance or that any proposed Advance or Servicing Advance, then the Trusteeif made, as Successor Master Servicerwould constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance, respectively, shall be obligated evidenced by an Officer's Certificate of the Servicer delivered to the Depositor and the Trustee. In addition, the Servicer shall not be required to advance any Relief Act Shortfalls. (c) Notwithstanding the foregoing, the Servicer shall not be required to make any Advances for any Mortgage Loan after such AdvanceMortgage Loan becomes 150 days delinquent. The Servicer shall identify such delinquent Mortgage Loans in the Servicer Statement referenced in Section 3.24. In addition, subject to the provisions of this Section 5.01Servicer shall provide the Trustee with an Officer's Certificate listing such delinquent Mortgage Loans and certifying that such loans are 150 days or more delinquent.

Appears in 6 contracts

Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust, Series 2007-Ff1), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust, Series 2007-Ff2)

Advances. The Master Servicer shallExcept with respect to any Simple Interest Loans, for which no Advances of principal are required to be made, if the Scheduled Payment on a Mortgage Loan, that was due on a related Due Date and is delinquent other than as a result of application of the Relief Act or shall cause similar state laws and for which the related subservicer Servicer was required to make an Advance pursuant to the Subservicing related Servicing Agreement toexceeds the amount deposited in the Master Servicer Collection Account for use as an Advance with respect to such Mortgage Loan, the Master Servicer will make an Advance and in an amount equal to such deficiency for deposit such Advance in into the Protected Master Servicer Collection Account or the Distribution Account, as applicable. Each such Advance shall be remitted to the Master Servicer Collection Account or the Distribution Account Account, as appropriate, no later than 1:00 p.m. Eastern Central time on the Distribution Account Deposit Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Master Servicer Collection Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Master Servicer Collection Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Master Servicer Collection Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Master Servicer Collection Account or the Distribution Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.024.05. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event of a failure by the Master Servicer to make an Advance pursuant to this Section 5.01, then the EMC Servicer, as Successor Master Servicer, shall be obligated to make such Advance, and if the EMC Servicer, as Successor Master Servicer, fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 6 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2003-Sd2), Pooling and Servicing Agreement (Bear Stearns Asset-Backed Certificates Series 2004-Sd1), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2003-Sd3)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant (a) Subject to the Subservicing Agreement toconditions of this Article IV, the Servicer, as required below, shall make an Advance and deposit such Advance in the Protected Collection Account. Each such Advance shall be remitted to the Distribution Collection Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee Securities Administrator for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency the NIMs Insurer and the Trustee Master Servicer an Officer's Certificate setting forth the basis for such determination. Subject The Servicer may, in its sole discretion, make an Advance with respect to the Master principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's recoverability determination, in obligation under this Section 4.01 to advance the event that interest portion of the final Scheduled Payment with respect to a subservicer fails to make Balloon Loan as if such Balloon Loan were a required Advancefully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Master Servicer shall be required Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to remit the amount of such Advance to the Distribution Accountzero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) the date such Mortgage Loan is paid in full or full, (ii) the date the related Mortgaged Property (or stock allocated to a dwelling unit, in the case of a Co-op Loan) or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.014.01, or (iii) the date on which such Mortgage Loan becomes 150 days delinquent as set forth below. (b) Notwithstanding anything in this Agreement to the contrary (including, but not limited to, Sections 3.01 and 4.01(a) hereof), no Advance or Servicing Advance shall be required to be made hereunder by the Servicer if such Advance or Servicing Advance would, if made, constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance. Subject to and in accordance with The determination by the provisions of Article VIII hereof, in the event the Master Servicer fails to make such that it has made a Non-Recoverable Advance or a Non-Recoverable Servicing Advance or that any proposed Advance or Servicing Advance, then the Trusteeif made, as Successor Master Servicerwould constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance, respectively, shall be obligated evidenced by an Officer's Certificate of the Servicer delivered to the Depositor and the Master Servicer. In addition, the Servicer shall not be required to advance any Relief Act Shortfalls. The Servicer will not make any Advances of principal on REO Properties and is required to advance only the interest portion on second lien mortgage loans. (c) Notwithstanding the foregoing, the Servicer shall not be required to make any Advances for any Mortgage Loan after such Advance, subject to the provisions of this Section 5.01Mortgage Loan becomes 150 days delinquent.

Appears in 6 contracts

Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Advances. (a) The Master Servicer shall, or Company shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance with respect to any EMC Mortgage Loan and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Master Servicer Collection Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Remittance Date in immediately available funds. The Master Servicer shall cause the related Servicer to remit any such Advance required pursuant to the terms of the related Servicing Agreement. The Company or the related Servicer, as applicable, shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Company or the related Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company or the related Servicer, as the case may be, shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Amounts Held for Future Distributions Distribution has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Distribution Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer Company shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.025.02. The obligation to make Advances with respect to any EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.016.01. (b) If the Scheduled Payment on a Mortgage Loan that was due on a related Due Date and is delinquent other than as a result of application of the Relief Act and for which the Company or the related Servicer was required to make an Advance pursuant to this Agreement or the related Servicing Agreement exceeds the amount deposited in the Master Servicer Collection Account which will be used for an Advance with respect to such Mortgage Loan, the Master Servicer will deposit in the Master Servicer Collection Account not later than the Distribution Account Deposit Date immediately preceding the related Distribution Date an amount equal to such deficiency, net of the Master Servicing Fee and the Servicing Fee for such Mortgage Loan except to the extent the Master Servicer determines any such Advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on the Mortgage Loan for which such Advance was made. Subject to the foregoing, the Master Servicer shall continue to make such Advances through the date that the Company or the related Servicer is required to do so under this Agreement or the related Servicing Agreement, as applicable. If applicable, on the Distribution Account Deposit Date, the Master Servicer shall present an Officer's Certificate to the Trustee (i) stating that the Master Servicer elects not to make an Advance in a stated amount and (ii) detailing the reason it deems the advance to be nonrecoverable. Subject to and in accordance with the provisions of Article VIII IX hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.016.01.

Appears in 6 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I LLC 2004-Ac3), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2004-Ac5), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2004-Ac7)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. 10:00 a.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer's ’s recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01. The Master Servicer shall discontinue making Advances with respect to any Mortgage Loan that becomes 90 days Delinquent. In addition the Master Servicer shall charge off a Mortgage Loan at the time such Mortgage Loan becomes 180 days Delinquent. Once a Mortgage Loan is charged off, the Master Servicer shall not be entitled to any additional Servicing Fee for such Mortgage Loan, except to the extent of any unpaid Servicing Fees and expenses which will be reimbursable from any recoveries on such Mortgage Loan, and the Mortgage Loan shall be treated as a Liquidated Mortgage Loan giving rise to a Realized Loss. If the Master Servicer determines that a significant net recovery is possible through foreclosure proceedings or other liquidation of the related mortgaged property on a Mortgage Loan that becomes 90 days Delinquent, the Master Servicer may continue making advances on such Mortgage Loan.

Appears in 6 contracts

Sources: Pooling and Servicing Agreement, Pooling and Servicing Agreement (Saco I Trust, 2005-Wm1), Pooling and Servicing Agreement (Saco I Trust, 2005-Wm2)

Advances. The Master Servicer shall, or Company shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance with respect to any EMC Mortgage Loan and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Master Servicer Collection Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Remittance Date in immediately available funds. The Master Servicer Company or the related Servicer, as applicable, shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Company or the related Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company or the related Servicer, as the case may be, shall deliver (i) to the Trustee Securities Administrator for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Amounts Held for Future Distributions Distribution has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Distribution Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Account Deposit Date on which such funds are required to be distributed pursuant to this Agreement. Each Servicer will discontinue such Advances with respect to any Mortgage Loan that becomes 90 days Delinquent; provided, however, if a Servicer reasonably determines that a significant net recovery is possible through foreclosure proceedings or other liquidation of the related Mortgaged Property on a Mortgage Loan that becomes 90 days delinquent, such Servicer may continue making advances on such Mortgage Loan. Subject to Section 3.12, a Servicer must effectuate foreclosure or other conversion of the ownership of the Mortgaged Property securing any Mortgage Loan at such time that the Mortgage Loan becomes 180 days Delinquent. Once a Servicer has commenced such proceedings, such Servicer will not be entitled to any additional Servicing Fee for such Mortgage Loan, except to the extent of any unreimbursed Servicing Fees and expenses which will be reimbursable from any Liquidation Proceeds. The Master Servicer Company shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.025.02; provided, however, such reimbursement shall be limited to funds received from Mortgage Loans for which such Advance was made. The obligation to make Advances with respect to any EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.016.01.

Appears in 5 contracts

Sources: Pooling and Servicing Agreement, Pooling and Servicing Agreement, Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He4)

Advances. The If any Monthly Payment on a Mortgage Loan (other than Balloon Payments) that was due on the immediately preceding Due Date and delinquent on the Determination Date is delinquent other than as a result of application of the Relief Act, the Master Servicer shall, or shall cause will deposit in the Collection Account not later than the third Business Day immediately preceding the related subservicer pursuant Payment Date an amount equal to such Monthly Payment net of the related Servicing Fee and Radian PMI Policy Fee for such Mortgage Loan, except to the Subservicing Agreement toextent the Master Servicer or the related Subservicer determines any such advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on any Mortgage Loan. Subject to the foregoing and in the absence of such a determination, the Master Servicer shall continue to make such advances through the date that the related Mortgaged Property has, in the judgment of the Master Servicer, been completely liquidated. No later than the fourth Business Day preceding each Payment Date, the Master Servicer shall present an Officer's Certificate to the Indenture Trustee with respect to the Mortgage Loans, (i) stating that the Master Servicer elects not to make an Advance in a stated amount and deposit such Advance in (ii) detailing the Protected Account. Each such Advance shall be remitted reason it deems the advance to the Distribution Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the The Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, will include in the event that Remittance Report a subservicer fails to list of each Mortgage Loan for which it does not make a required Advance, the Master Servicer shall be required to remit the amount of such an Advance to the Distribution Accountin accordance with this Section. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Such Advances may (i) cause to be made an appropriate entry in its records relating to whole or in part from funds in the Protected Collection Account that any Amount Held being held for Future Distributions has been used by the Master Servicer future distribution or withdrawal on or in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Accountconnection with Payment Dates in subsequent months. Any funds being held for future distribution to Securityholders and so applied and transferred used shall be replaced by the Master Servicer from its own funds by deposit in the Distribution Account, no later than Collection Account on or before the close of business on the fourth Business Day immediately preceding any Payment Date to the Distribution extent that funds in the Collection Account with respect to such Payment Date on which such funds are shall be less than payments to Securityholders required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until on such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01date.

Appears in 5 contracts

Sources: Servicing Agreement (Imh Assets Corp), Servicing Agreement (Impac CMB Trust Series 2002-4f), Servicing Agreement (Imh Assets Corp)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders and the Certificate Insurer funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency Agency, the Certificate Insurer and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 5 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Asst Asset Backed Certs Ser 2003 He1), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2004-Fr2), Pooling and Servicing Agreement (Asset-Backed Certificates Series 2004-He1)

Advances. The Master Each Servicer shall, shall determine on or shall cause the related subservicer before each Servicer Advance Date whether it is required to make a Periodic Advance pursuant to the Subservicing Agreement to, make an Advance and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advancedefinition thereof. If the Master any Servicer shall have determined that determines it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails is required to make a required Periodic Advance, it shall, on or before the Master Servicer shall be required to remit Advance Date, either (a) deposit into the related Servicer Custodial Account an amount of such Advance equal to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may and/or (ib) cause to be made make an appropriate entry in its records relating to the Protected related Servicer Custodial Account that any portion of the Amount Held for Future Distributions Distribution in such Servicer Custodial Account has been used by the Master such Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution AccountPeriodic Advance. Any funds so applied and transferred shall be replaced by the Master such Servicer by deposit in the Distribution Account, related Servicer Custodial Account no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreementnext Servicer Advance Date. The Master Each Servicer shall be entitled to be reimbursed from the Protected related Servicer Custodial Account for all Advances of its own funds made pursuant to this Section 3.20 as provided in Section 4.023.11(a). The obligation to make Periodic Advances with respect to any Mortgage Loan shall continue until the ultimate disposition of the REO Property or Mortgaged Property relating to such Mortgage Loan is paid in full or Loan. Each Servicer shall inform the Trustee of the amount of the Periodic Advance to be made by such Servicer on each Servicer Advance Date no later than the related Mortgaged Property or Remittance Date. Each Servicer shall deliver to the Trustee on the related REO Property has been liquidated or until Servicer Advance Date an Officer's Certificate of a Servicing Officer indicating the purchase or repurchase thereof (or substitution therefor) from amount of any proposed Periodic Advance determined by such Servicer to be a Nonrecoverable Advance. Notwithstanding anything to the Trust Fund pursuant to any applicable provision of this Agreementcontrary, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master related Servicer fails shall not be required to make such any Periodic Advance or Servicing Advance that would be a Nonrecoverable Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 5 contracts

Sources: Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pas Thru Cert Ser 1999-11), Pooling and Servicing Agreement (Bank of America Mort Secs Inc Mort Pas Thru Cert Ser 1999-8), Pooling and Servicing Agreement (Bank of America Mortgage Securities Inc)

Advances. The If the Monthly Payment on a Mortgage Loan that was due on a related Due Date and is Delinquent other than as a result of application of the Relief Act and for which the applicable Servicer was required to make an advance pursuant to this Agreement exceeds the amount deposited in the Master Servicer shallCollection Account that will be used for a Advance with respect to such Mortgage Loan, or shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance and Master Servicer will deposit such Advance in the Protected Account. Each such Advance shall be remitted to Master Servicer Collection Account not later than the Distribution Account no Deposit Date immediately preceding the related Distribution Date an amount equal to such deficiency, net of the Servicing Fee for such Mortgage Loan, except to the extent the Master Servicer determines any such Advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on the Mortgage Loan for which such Advance was made. If the Master Servicer has not deposited the amount described above as of the related Distribution Account Deposit Date, the Trustee will, subject to applicable law and its determination of recoverability, deposit in the Master Servicer Collection Account not later than 1:00 p.m. Eastern time the related Distribution Date, an amount equal to the remaining deficiency as of the Distribution Account Deposit Date. Subject to the foregoing, the Master Servicer shall continue to make such Advances through the date that the applicable Servicer is required to do so under the Applicable Servicing Agreement. If applicable, on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable AdvanceDate, the Master Servicer shall deliver present an Officer's Certificate to the Securities Administrator (i) stating that the Master Servicer elects not to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, make a Advance in a stated amount and (ii) to detailing the Depositor, each Rating Agency and reason it deems the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause advance to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01nonrecoverable.

Appears in 4 contracts

Sources: Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar4), Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar3), Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar2)

Advances. (a) The Master Servicer shall, or Company shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance with respect to any EMC Mortgage Loan and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Master Servicer Collection Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Remittance Date in immediately available funds. The Master Servicer shall cause the related Servicer to remit any such Advance required pursuant to the terms of the related Servicing Agreement. The Company or the related Servicer, as applicable, shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Company or the related Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company or the related Servicer, as the case may be, shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Amounts Held for Future Distributions Distribution has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Distribution Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer Company shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.025.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.016.01. (b) If the Scheduled Payment on a Mortgage Loan that was due on a related Due Date and is delinquent other than as a result of application of the Relief Act and for which the Company or the related Servicer was required to make an Advance pursuant to this Agreement or the related Servicing Agreement exceeds the amount deposited in the Master Servicer Collection Account which will be used for an Advance with respect to such Mortgage Loan, the Master Servicer will deposit in the Master Servicer Collection Account not later than the Distribution Account Deposit Date immediately preceding the related Distribution Date an amount equal to such deficiency, net of the Master Servicing Fee and Servicing Fee for such Mortgage Loan except to the extent the Master Servicer determines any such Advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on the Mortgage Loan for which such Advance was made. Subject to the foregoing, the Master Servicer shall continue to make such Advances through the date that the Company or the related Servicer is required to do so under this Agreement or the related Servicing Agreement, as applicable. If applicable, on the Distribution Account Deposit Date, the Master Servicer shall present an Officer's Certificate to the Trustee (i) stating that the Master Servicer elects not to make an Advance in a stated amount and (ii) detailing the reason it deems the advance to be nonrecoverable. Subject to and in accordance with the provisions of Article VIII IX hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.016.01.

Appears in 4 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Sec Inc Asset Bk Cert Ser 03 Ac2), Pooling and Servicing Agreement (Bear Stearns Asset Backed Sec Inc Certs Ser 2003-Ac3), Pooling and Servicing Agreement (Bear Stearns Asset Backed Sec Inc Asset Bk Cert Ser 03 Ac2)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant Subject to the Subservicing Agreement toconditions of this Article IV, the Master Servicer, as required below, shall make an Advance and deposit such Advance in the Protected Certificate Account. Each such Advance shall be remitted to the Distribution Certificate Account no later than 1:00 p.m. Eastern Pacific time on the Distribution Account Deposit Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Certificate Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Certificate Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, Certificate Account no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Certificate Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund Trustee pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.014.01.

Appears in 4 contracts

Sources: Pooling and Servicing Agreement (Cwabs Inc Asset Back Certificates Series 2001-3), Pooling and Servicing Agreement (Cwabs Inc Asset Back Certificates Series 2001-3), Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certificates Series 2002 1)

Advances. The Except with respect to any Simple Interest Loans or Balloon Loan payments, for which no Advances of principal are required to be made, if the Scheduled Payment on a Mortgage Loan that was due on a related Due Date and is delinquent other than as a result of application of the Relief Act or similar state laws exceeds the amount deposited in the Master Servicing Collection Account for use as an Advance with respect to such Mortgage Loan, the Master Servicer shallor the Trustee, or shall cause the related subservicer pursuant to the Subservicing Agreement toas applicable, will make an Advance in an amount equal to such deficiency (net of its Master Servicing Fee and the Servicing Fee with respect to such Mortgage Loan with respect to Advances made by the Master Servicer, and net of the Net Mortgage Rate with respect to such Mortgage Loan with respect to any Advances made by the Trustee) and deposit such Advance in the Protected Master Servicer Collection Account or the Distribution Account, in the event of an Advance by the Trustee. Each such Advance shall be remitted to the Master Servicer Collection Account or the Distribution Account Account, in the event of an Advance by the Trustee no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Master Servicer Advance Date in immediately available funds. The Master Servicer or the Trustee, as applicable, shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer or the Trustee, as applicable, shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer or the Trustee, as applicable, may (i) cause to be made an appropriate entry in its records relating to the Protected Master Servicer Collection Account or the Distribution Account that any Amount Held for Future Distributions has been used by the Master Servicer or the Trustee, as applicable, in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Master Servicer Collection Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, Master Servicer Collection Account no later than the close of business on the Business Day immediately Distribution Account Deposit Date preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer or the Trustee, as applicable, shall be entitled to be reimbursed from the Protected Master Servicer Collection Account or the Distribution Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.024.03. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event of a failure by the Master Servicer fails to make such Advancean Advance required pursuant to this Section 5.01, then the Trustee, as Successor Master Servicer, Trustee shall be obligated to make such Advance on such Distribution Date. The Trustee shall be permitted to conclusively rely upon any determination made by the Master Servicer that any portion of an Advance is a Nonrecoverable Advance, subject to the provisions of this Section 5.01.

Appears in 4 contracts

Sources: Pooling and Servicing Agreement (Bsabs 2005-1), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2005-2), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2005-2)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant (a) Subject to the Subservicing Agreement toconditions of this Article IV, the Servicer, as required below, shall make an Advance and deposit such Advance in the Protected Collection Account. Each The Servicer shall use commercially reasonable efforts to remit each such Advance shall be remitted to the Distribution Account no later than 1:00 2:30 p.m. Eastern time time, but in any case no later than 4:00 p.m. Eastern time, on the Distribution Account Deposit Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency Agency, the NIMs Insurer and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject The Servicer may, in its sole discretion, make an Advance with respect to the Master principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's recoverability determination, in obligation under this Section 4.01 to Advance the event that interest portion of the final Scheduled Payment with respect to a subservicer fails to make Balloon Loan as if such Balloon Loan were a required Advancefully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Master Servicer shall be required Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to remit the amount of such Advance to the Distribution Accountzero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) such Mortgage Loan is paid in full or full, (ii) the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and 4.01, (iii) the Servicer determines in accordance with the provisions of Article VIII hereof, its good faith judgment that such amounts would constitute a Non-Recoverable Advance as provided in the event preceding paragraph or (iv) the Master date on which such Mortgage Loan becomes 150 days delinquent as set forth below. (b) Notwithstanding anything in this Agreement to the contrary (including, but not limited to, Sections 3.01 and 4.01(a) hereof), no Advance or Servicing Advance shall be required to be made hereunder by the Servicer fails to make (including for the avoidance of doubt, the Trustee as successor servicer) if such Advance or Servicing Advance would, if made, constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance. The determination by the Servicer that it has made a Non-Recoverable Advance or a Non-Recoverable Servicing Advance or that any proposed Advance or Servicing Advance, then the Trusteeif made, as Successor Master Servicerwould constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance, respectively, shall be obligated evidenced by an Officer's Certificate of the Servicer delivered to the Depositor and the Trustee. In addition, the Servicer shall not be required to advance any Relief Act Shortfalls. (c) Notwithstanding the foregoing, the Servicer shall not be required to make any Advances for any Mortgage Loan after such AdvanceMortgage Loan becomes 150 days delinquent. The Servicer shall identify such delinquent Mortgage Loans in the Servicer Statement referenced in Section 3.24. In addition, subject to the provisions of this Section 5.01Servicer shall provide the Trustee with an Officer's Certificate listing such delinquent Mortgage Loans and certifying that such loans are 150 days or more delinquent.

Appears in 4 contracts

Sources: Pooling and Servicing Agreement (Mortgage Loan Asset-Backed Certificates, Series 2006-Rm1), Pooling and Servicing Agreement (Mortgage Loan Asset-Backed Certificates, Series 2006-Ar1), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-Mln1)

Advances. The Master Servicer shallExcept with respect to any Simple Interest Loans, for which no Advances of principal are required to be made, if the Scheduled Payment on a Mortgage Loan, that was due on a related Due Date and is delinquent other than as a result of application of the Relief Act or shall cause similar state laws and for which the related subservicer Servicer was required to make an Advance pursuant to the Subservicing related Servicing Agreement toexceeds the amount deposited in the Master Servicer Collection Account for use as an Advance with respect to such Mortgage Loan, the Master Servicer will make an Advance and in an amount equal to such deficiency for deposit such Advance in into the Protected Master Servicer Collection Account or the Distribution Account, as applicable. Each such Advance shall be remitted to the Master Servicer Collection Account or the Distribution Account Account, as appropriate, no later than 1:00 p.m. Eastern Central time on the Distribution Account Deposit Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Master Servicer Collection Account that any Amount Held for Future Distributions with respect to a Group has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Master Servicer Collection Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Master Servicer Collection Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Master Servicer Collection Account or the Distribution Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.024.05. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event of a failure by the Master Servicer to make an Advance pursuant to this Section 5.01, then the EMC Servicer, as Successor Master Servicer, shall be obligated to make such Advance, and if the EMC Servicer, as Successor Master Servicer, fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 4 contracts

Sources: Pooling and Servicing Agreement (Bsabs 20005-Sd1), Pooling and Servicing Agreement (Bears Stearns Asset Backed Securities Trust 2005-Sd2), Pooling and Servicing Agreement (Bears Stearns Asset Backed Securities Trust 2005-Sd2)

Advances. The Master EMC Servicer shall, or shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Master Servicer Collection Account no later than 1:00 p.m. Eastern Central time on the Distribution Account Deposit related Servicer Remittance Date in immediately available funds. The Master EMC Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master EMC Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master EMC Servicer shall deliver to the Master Servicer (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master EMC Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions has been used by the Master EMC Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Master Servicer Collection Account. Any funds so applied and transferred shall be replaced by the Master EMC Servicer by deposit in the Distribution Account, Protected Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Remittance Date on which such funds are required to be distributed pursuant remitted to this Agreementthe Master Servicer for deposit into the Master Servicer Collection Account. The Master EMC Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. 1.08 of this Exhibit K. The obligation to make Advances with respect to any EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this the Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.012.01.

Appears in 4 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2003-Sd3), Pooling and Servicing Agreement (Bearn Stearns Asset Backed Securities Trust 2004-Sd4)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant (a) Subject to the Subservicing Agreement toconditions of this Article IV, the Servicer, as required below, shall make an Advance and deposit such Advance in the Protected Collection Account. Each The Servicer shall use commercially reasonable efforts to remit each such Advance shall be remitted to the Distribution Account no later than 1:00 2:30 p.m. Eastern time time, but in any case no later than 4:00 p.m. Eastern time, on the Distribution Account Deposit Servicer Remittance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency NIMs Insurer and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject The Servicer may, in its sole discretion, make an Advance with respect to the Master principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's recoverability determination, in obligation under this Section 4.01 to Advance the event that interest portion of the final Scheduled Payment with respect to a subservicer fails to make Balloon Loan as if such Balloon Loan were a required Advancefully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Master Servicer shall be required Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to remit the amount of such Advance to the Distribution Accountzero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Remittance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) such Mortgage Loan is paid in full or full, (ii) the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund Issuing Entity pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and 4.01, (iii) the Servicer determines in accordance with the provisions of Article VIII hereof, its good faith judgment that such amounts would constitute a Non-Recoverable Advance as provided in the event preceding paragraph or (iv) the Master date on which such Mortgage Loan becomes 150 days delinquent as set forth below. (b) Notwithstanding anything in this Agreement to the contrary (including, but not limited to, Sections 3.01 and 4.01(a) hereof), no Advance or Servicing Advance shall be required to be made hereunder by the Servicer fails to make (including for the avoidance of doubt, the Trustee as successor servicer) if such Advance or Servicing Advance would, if made, constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance. The determination by the Servicer that it has made a Non-Recoverable Advance or a Non-Recoverable Servicing Advance or that any proposed Advance or Servicing Advance, then the Trusteeif made, as Successor Master Servicerwould constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance, respectively, shall be obligated evidenced by an Officer's Certificate of the Servicer delivered to the Trustee. In addition, the Servicer shall not be required to advance any Relief Act Shortfalls, shortfalls due to bankruptcy proceedings and shortfalls due to modifications as provided in Section 3.05. (c) Notwithstanding the foregoing, the Servicer shall not be required to make any Advances for any Mortgage Loan after such AdvanceMortgage Loan becomes 150 days delinquent. The Servicer shall identify such delinquent Mortgage Loans in the Servicer Statement referenced in Section 3.24. In addition, subject to the provisions of this Section 5.01Servicer shall provide the Trustee with an Officer's Certificate listing such delinquent Mortgage Loans and certifying that such loans are 150 days or more delinquent.

Appears in 4 contracts

Sources: Pooling and Servicing Agreement (Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-4), Pooling and Servicing Agreement (Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-3), Pooling and Servicing Agreement (Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-H1)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance (other than any balloon payments) and deposit such Advance in the Protected AccountAccount with respect to the related Loan Group. Each such Advance shall be remitted to the Distribution Account with respect to the related Loan Group no later than 1:00 p.m. 10:00 a.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the related Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer's ’s recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution AccountAccount with respect to the related Loan Group. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions with respect to the related Loan Group has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account with respect to the related Loan Group to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution AccountAccount with respect to the related Loan Group, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Account with respect to the related Loan Group for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, or any other Successor Master Servicer appointed hereunder, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 3 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He7), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He7), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He7)

Advances. The If any Monthly Payment on a Mortgage Loan that was due on the immediately preceding Due Date or due during the related Due Period and delinquent on a Determination Date is delinquent other than as a result of application of the Relief Act, the RMBS Master Servicer shall, or shall cause will deposit in the Collection Account not later than the related subservicer pursuant RMBS Master Servicer Remittance Date an amount equal to such Monthly Payment net of the related RMBS Master Servicing Fee for such Mortgage Loan, except to the Subservicing Agreement toextent the RMBS Master Servicer or the related Subservicer determines any such advance to be nonrecoverable from Liquidation Proceeds, make an Advance Insurance Proceeds or future payments on any Mortgage Loan. Subject to the foregoing and deposit such Advance in the Protected Account. Each absence of such Advance shall be remitted to a determination, the Distribution Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The RMBS Master Servicer shall be obligated continue to make any such Advance only advances through the date that the related Mortgaged Property or REO Property has, in the judgment of the RMBS Master Servicer, been completely liquidated. No later than the fourth Business Day preceding each Payment Date, the RMBS Master Servicer shall present an Officer's Certificate to the extent Indenture Trustee with respect to the Mortgage Loans, (i) stating that such the RMBS Master Servicer elects not to make a Monthly Advance in a stated amount and (ii) detailing the reason it deems the advance would not to be a Nonrecoverable Advance. If the The RMBS Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, will include in the event that Remittance Report a subservicer fails to list of each Mortgage Loan for which it does not make a required Advance, the Master Servicer shall be required to remit the amount of such Monthly Advance to the Distribution Accountin accordance with this Section. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Such Monthly Advances may (i) cause to be made an appropriate entry in its records relating to whole or in part from funds in the Protected Collection Account that any Amount Held being held for Future Distributions has been used by the Master Servicer future distribution or withdrawal on or in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Accountconnection with Payment Dates in subsequent months. Any funds being held for future distribution to Securityholders and so applied and transferred used shall be replaced by the RMBS Master Servicer from its own funds by deposit in the Distribution Account, no later than Collection Account on or before the close of business on the fourth Business Day immediately preceding any Payment Date to the Distribution extent that funds in the Collection Account with respect to such Payment Date on which such funds are shall be less than payments to Securityholders required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until on such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01date.

Appears in 3 contracts

Sources: Servicing Agreement (American Home Mortgage Investment Trust 2004-4), Servicing Agreement (American Home Mortgage Investment Trust 2004-4), Servicing Agreement (American Home Mortgage Investment Trust 2004-4)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant Subject to the Subservicing Agreement toconditions of this Article IV, the Servicer, as required below, shall make an Advance and deposit such Advance in the Protected Collection Account. Each such Advance shall be remitted to the Distribution Collection Account no later than 1:00 p.m. Eastern California time on the Distribution Account Deposit Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject The Servicer may, in its sole discretion, make an Advance with respect to the Master principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's recoverability determination, in obligation under this Section 4.01 to Advance the event that interest portion of the final Scheduled Payment with respect to a subservicer fails to make Balloon Loan as if such Balloon Loan were a required Advancefully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Master Servicer shall be required Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to remit the amount of such Advance to the Distribution Accountzero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held for Future Distributions Distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Collection Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.014.01.

Appears in 3 contracts

Sources: Pooling and Servicing Agreement (Chase Funding Inc), Pooling and Servicing Agreement (Chase Funding Inc), Pooling and Servicing Agreement (Chase Funding Inc)

Advances. (a) The Master Servicer shall, or Company shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance with respect to any Company Mortgage Loan and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Master Servicer Collection Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Remittance Date in immediately available funds. The Master Servicer shall cause the related Servicer to remit any such Advance required pursuant to the terms of the related Servicing Agreement. The Company or the related Servicer, as applicable, shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Company or the related Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company or the related Servicer, as the case may be, shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Amounts Held for Future Distributions Distribution has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Distribution Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer Company shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.025.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.016.01. (b) If the Scheduled Payment on a Mortgage Loan that was due on a related Due Date and is delinquent other than as a result of application of the Relief Act and for which the Company or the related Servicer was required to make an Advance pursuant to this Agreement or the related Servicing Agreement exceeds the amount deposited in the Master Servicer Collection Account which will be used for an Advance with respect to such Mortgage Loan, the Master Servicer will deposit in the Master Servicer Collection Account not later than the Distribution Account Deposit Date immediately preceding the related Distribution Date an amount equal to such deficiency, net of the Master Servicing Fee and Servicing Fee for such Mortgage Loan except to the extent the Master Servicer determines any such Advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on the Mortgage Loan for which such Advance was made. Subject to the foregoing, the Master Servicer shall continue to make such Advances through the date that the Company or the related Servicer is required to do so under this Agreement or the related Servicing Agreement, as applicable. If applicable, on the Distribution Account Deposit Date, the Master Servicer shall present an Officer's Certificate to the Trustee (i) stating that the Master Servicer elects not to make an Advance in a stated amount and (ii) detailing the reason it deems the advance to be nonrecoverable. Subject to and in accordance with the provisions of Article VIII IX hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.016.01.

Appears in 3 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I LLC), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I LLC), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I LLC)

Advances. The Master Servicer shall, shall determine on or shall cause the related subservicer before each Determination Date whether it is required to make a Periodic Advance pursuant to the Subservicing Agreement to, make an Advance and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advancedefinition thereof. If the Master Servicer shall have determined that determines it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails is required to make a required Periodic Advance, it shall, on or before the Master Remittance Date, either (a) deposit into the Servicer shall be required to remit the Custodial Account an amount of such Advance equal to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may and/or (ib) cause to be made make an appropriate entry in its records relating to the Protected Servicer Custodial Account that any portion of the Amount Held for Future Distributions Distribution in the Servicer Custodial Account has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution AccountPeriodic Advance. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, Servicer Custodial Account no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreementnext Remittance Date. The Master Servicer shall be entitled to be reimbursed from the Protected Servicer Custodial Account for all Advances of its own funds made pursuant to this Section 3.19 as provided in Section 4.023.11. The obligation to make Periodic Advances with respect to any Mortgage Loan shall continue until the ultimate disposition of the REO Property or Mortgaged Property relating to such Mortgage Loan is paid in full or Loan. The Servicer shall inform the Trustee of the amount of the Periodic Advance to be made by it no later than the related Mortgaged Property or Remittance Date. The Servicer shall deliver to the Trustee on the related REO Property has been liquidated or until Remittance Date an Officer's Certificate of a Servicing Officer indicating the purchase or repurchase thereof (or substitution therefor) from amount of any proposed Periodic Advance determined by the Trust Fund pursuant Servicer to any applicable provision of this Agreementbe a Nonrecoverable Advance. Notwithstanding anything to the contrary, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails shall not be required to make such any Periodic Advance or Servicing Advance that would be a Nonrecoverable Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 3 contracts

Sources: Pooling and Servicing Agreement (Banc of America Funding 2006-E Trust), Pooling and Servicing Agreement (Banc of America Funding Corp), Pooling and Servicing Agreement (Banc of America Funding Corp)

Advances. The Master Servicer shall, shall determine on or shall cause the related subservicer before each Determination Date whether it is required to make an Advance pursuant to the Subservicing Agreement todefinition thereof. With respect to any Mortgage Loan, make if an Advance and deposit such Advance in is required to be made hereunder, the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to on or before the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver Remittance Date either (i) deposit in the Custodial Account from its own funds an amount equal to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its the records relating to of the Protected Custodial Account that any Amount Held funds in such account being held for Future Distributions has been future distribution or withdrawal have been, as permitted by this Section 4.19, used by the Master Servicer in discharge of its obligation to make any such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) transfer aggregating the amount of such Advance. Any such funds from being held in the Protected Custodial Account to the Distribution Account. Any funds for future distribution and so applied and transferred used shall be replaced by the Master Servicer from its own funds by deposit in such Custodial Account to the Distribution Account, no later than the close of business extent required on the Business Day immediately preceding the Distribution or before any future Servicer Remittance Date on in which such funds are required to would be distributed pursuant to this Agreementdue. The Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.024.08 hereof. Subject to and in accordance with the provisions of Section 4.26, in the event that the Servicer fails to remit an Advance required to be made pursuant to this Section 4.19, the Master Servicer shall, unless it determines that such Advance would constitute a Nonrecoverable Advance, itself make, or shall cause the successor Servicer or the Seller (as owner of the servicing rights in respect to the Mortgage Loans) to make, such Advance on or before the Distribution Date following the Servicer Remittance Date on which such Advance should have been made. The obligation to make Advances with respect to any Mortgage Loan shall continue until if such Mortgage Loan is paid in full has been foreclosed or otherwise terminated and the related Mortgaged Property or related REO Property has not been liquidated or until liquidated, provided that in no event shall the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant Servicer be required to make any applicable provision of this Agreementproposed Advance that, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereofif made, would in the event good faith judgment of the Servicer be a Nonrecoverable Advance. The Servicer shall deliver to the Master Servicer fails to make such on the related Servicer Remittance Date an Officer’s Certificate of a Servicing Officer indicating the amount of any proposed Advance that, if made, would in the good faith judgment of the Servicer be a Nonrecoverable Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 3 contracts

Sources: Transfer and Servicing Agreement (HMB Acceptance Corp.), Pooling and Servicing Agreement (HMB Acceptance Corp.), Transfer and Servicing Agreement (Aegis Asset Backed Securities Corp)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant Subject to the Subservicing Agreement toconditions of this Article IV, the Servicer, as required below, shall make an Advance and deposit such Advance in the Protected Collection Account. Each such Advance shall be remitted to the Distribution Collection Account no later than 1:00 p.m. Eastern Standard time on the Distribution Account Deposit Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the NIMs Insurer, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject The Servicer may, in its sole discretion, make an Advance with respect to the Master principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's recoverability determination, in obligation under this Section 4.01 to Advance the event that interest portion of the final Scheduled Payment with respect to a subservicer fails to make Balloon Loan as if such Balloon Loan were a required Advancefully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Master Servicer shall be required Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to remit the amount of such Advance to the Distribution Accountzero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held for Future Distributions Distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Collection Account to the Distribution Certificate Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property (or stock allocated to a dwelling unit, in the case of Co-op Loan) or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.014.01.

Appears in 3 contracts

Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Pooling and Servicing Agreement (Mortgage Loan Asset-Backed Certificates Series 2003 He1)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance (other than any balloon payments) and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. 10:00 a.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such AdvanceAdvance that is not deemed Nonrecoverable, if applicable, and (ii) to the Depositor, each Rating Agency Agency, and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer's ’s recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall discontinue making advances with respect to any Mortgage Loan that becomes 60 days Delinquent. If the Master Servicer determines that an Advance would be recoverable through foreclosure proceedings or other conversion of the related Mortgage Loan that becomes 60 days Delinquent, the Master Servicer may continue making Advances on such Mortgage Loan. The Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, or any other Successor Master Servicer appointed hereunder, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 3 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Sl6), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2007-Sl1), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2007-Sl1)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated determine on or before each Master Servicer Advance Date whether it is required to make any such a Monthly Advance only pursuant to the extent that such advance would not be a Nonrecoverable Advancedefinition thereof. If the Master Servicer shall have determined that determines it has made is required to make a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Monthly Advance, it shall, on or before the Master Servicer shall deliver Advance Date, either (ia) deposit into the Collection Account an amount equal to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and Advance and/or (iib) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held for Future Distributions Distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution AccountMonthly Advance. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreementnext Master Servicer Advance Date. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section 3.20 as provided in Section 4.023.11(a). The obligation to make Monthly Advances with respect to any Mortgage Loan shall continue until the ultimate disposition of the REO Property or Mortgaged Property relating to such Mortgage Loan is paid in full or Loan. The Master Servicer shall inform the Trustee of the amount of the Monthly Advance to be made on each Master Servicer Advance Date no later than the related Mortgaged Property or Distribution Account Deposit Date. The Master Servicer shall deliver to the Trustee on the related REO Property has been liquidated or until Master Servicer Advance Date an Officer's Certificate of a Servicing Officer indicating the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to amount of any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event proposed Monthly Advance determined by the Master Servicer fails to be a Nonrecoverable Advance. Notwithstanding anything to the contrary, the Master Servicer shall not be required to make such any Monthly Advance or Servicing Advance that would be a Nonrecoverable Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 3 contracts

Sources: Pooling and Servicing Agreement (Nationsbanc Montgomery Funding Corp), Pooling and Servicing Agreement (Nationsbanc Montgomery Funding Corp), Pooling and Servicing Agreement (Nationsbanc Montgomery Funding Corp)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance (other than any balloon payments) and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. 10:00 a.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such AdvanceAdvance that is not deemed Nonrecoverable, if applicable, and (ii) to the Depositor, each Rating Agency Agency, and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer's ’s recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. Unless otherwise described in this Agreement, the Master Servicer shall discontinue making Advances with respect to any second lien Mortgage Loan that becomes 60 days Delinquent. Notwithstanding anything in this Section 5.01 to the contrary, the Master Servicer shall not be obligated to deliver an Officer’s Certificate pursuant to the preceding sentence since no determination has been made as to whether such Advances are Nonrecoverable Advances. If the Master Servicer determines that a net recovery is possible through foreclosure proceedings or other disposition of the second lien Mortgage Loan that becomes 60 days Delinquent, the Master Servicer may continue making advances on such second lien Mortgage Loan. The Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, or any other Successor Master Servicer appointed hereunder, shall be obligated to make such Advance, subject to the provisions of this Section 5.01. For the avoidance of doubt, if the Master Servicer discontinues making any Advances pursuant to the third paragraph of this Section 5.01, the Trustee shall not be obligated to make such Advances.

Appears in 3 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He3), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He5), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He4)

Advances. (a) The Master Servicer shall, or Company shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance with respect to any EMC Mortgage Loan and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Master Servicer Collection Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Remittance Date in immediately available funds. The Master Servicer shall cause the related Servicer to remit any such Advance required pursuant to the terms of the related Servicing Agreement. The Company or the related Servicer, as applicable, shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Company or the related Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company or the related Servicer, as the case may be, shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Amounts Held for Future Distributions Distribution has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Distribution Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer Company shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.025.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.016.01. (b) If the Scheduled Payment on a Mortgage Loan that was due on a related Due Date and is delinquent other than as a result of application of the Relief Act and for which the Company or the related Servicer was required to make an Advance pursuant to this Agreement or the related Servicing Agreement exceeds the amount deposited in the Master Servicer Collection Account which will be used for an Advance with respect to such Mortgage Loan, the Master Servicer will deposit in the Master Servicer Collection Account not later than the Distribution Account Deposit Date immediately preceding the related Distribution Date an amount equal to such deficiency, net of the Servicing Fee for such Mortgage Loan except to the extent the Master Servicer determines any such Advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on the Mortgage Loan for which such Advance was made. Subject to the foregoing, the Master Servicer shall continue to make such Advances through the date that the Company or the related Servicer is required to do so under this Agreement or the related Servicing Agreement, as applicable. If applicable, on the Distribution Account Deposit Date, the Master Servicer shall present an Officer's Certificate to the Trustee (i) stating that the Master Servicer elects not to make an Advance in a stated amount and (ii) detailing the reason it deems the advance to be nonrecoverable. Subject to and in accordance with the provisions of Article VIII IX hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.016.01.

Appears in 3 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Certs Ser 2003-Ac7), Pooling and Servicing Agreement (Bear Stearns Asset Backed Certs Series 2003-Ac6), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc 2003-Ac4)

Advances. (a) The Master Servicer shall, or Company shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance with respect to any EMC Mortgage Loan and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Master Servicer Collection Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Remittance Date in immediately available funds. The Master Servicer shall cause the related Servicer to remit any such Advance required pursuant to the terms of the related Servicing Agreement. The Company or the related Servicer, as applicable, shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Company or the related Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company or the related Servicer, as the case may be, shall deliver (i) to the Trustee Securities Administrator for the benefit of the Certificateholders and the Certificate Insurers funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency Agency, the Certificate Insurers and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer's ’s recoverability determination, in the event that a subservicer Servicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Amounts Held for Future Distributions Distribution has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Distribution Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer Company shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.025.02. The obligation to make Advances with respect to any EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.016.01. (b) If the Scheduled Payment on a Mortgage Loan that was due on a related Due Date and is delinquent other than as a result of application of the Relief Act and for which the Company or the related Servicer was required to make an Advance pursuant to this Agreement or the related Servicing Agreement exceeds the amount deposited in the Master Servicer Collection Account which shall be used for an Advance with respect to such Mortgage Loan, the Master Servicer will deposit in the Master Servicer Collection Account not later than the Distribution Account Deposit Date immediately preceding the related Distribution Date an amount equal to such deficiency, net of the Servicing Fee for such Mortgage Loan except to the extent the Master Servicer determines any such Advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on the Mortgage Loan for which such Advance was made. Subject to the foregoing, the Master Servicer shall continue to make such Advances through the date that the Company or the related Servicer is required to do so under this Agreement or the related Servicing Agreement, as applicable. If applicable, on the Distribution Account Deposit Date, the Master Servicer shall present an Officer’s Certificate to the Trustee (i) stating that the Master Servicer elects not to make an Advance in a stated amount and (ii) detailing the reason it deems the advance to be nonrecoverable. Subject to and in accordance with the provisions of Article VIII IX hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.016.01.

Appears in 3 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-Ac5), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-Ac6), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-Ac5)

Advances. The Master Each Servicer shall, shall determine on or shall cause the related subservicer before each Servicer Advance Date whether it is required to make a Periodic Advance pursuant to the Subservicing Agreement to, make an Advance and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advancedefinition thereof. If the Master either Servicer shall have determined that determines it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails is required to make a required Periodic Advance, it shall, on or before the Master Servicer shall be required to remit Advance Date, either (a) deposit into the related Servicer Custodial Account an amount of such Advance equal to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may and/or (ib) cause to be made make an appropriate entry in its records relating to the Protected related Servicer Custodial Account that any portion of the Amount Held for Future Distributions Distribution in such Servicer Custodial Account has been used by the Master such Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution AccountPeriodic Advance. Any funds so applied and transferred shall be replaced by the Master such Servicer by deposit in the Distribution Account, related Servicer Custodial Account no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreementnext Servicer Advance Date. The Master Each Servicer shall be entitled to be reimbursed from the Protected related Servicer Custodial Account for all Advances of its own funds made pursuant to this Section 3.20 as provided in Section 4.023.11(a). The obligation to make Periodic Advances with respect to any Mortgage Loan shall continue until the ultimate disposition of the REO Property or Mortgaged Property relating to such Mortgage Loan is paid in full or Loan. Each Servicer shall inform the Trustee of the amount of the Periodic Advance to be made by such Servicer on each Servicer Advance Date no later than the related Mortgaged Property or Remittance Date. Each Servicer shall deliver to the Trustee on the related REO Property has been liquidated or until Servicer Advance Date an Officer's Certificate of a Servicing Officer indicating the purchase or repurchase thereof (or substitution therefor) from amount of any proposed Periodic Advance determined by such Servicer to be a Nonrecoverable Advance. Notwithstanding anything to the Trust Fund pursuant to any applicable provision of this Agreementcontrary, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master related Servicer fails shall not be required to make such any Periodic Advance or Servicing Advance that would be a Nonrecoverable Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 3 contracts

Sources: Pooling and Servicing Agreement (Bank of America Mort Secs Inc Mort Pas Thru Cert Sers 1999-7), Pooling and Servicing Agreement (Bank of America Mortgage Securities Inc), Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pass THR Cert Ser 1999-6)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant Subject to the Subservicing Agreement toconditions of this Article IV, the Servicer, as required below, shall make an Advance and deposit such Advance in the Protected Collection Account. Each such Advance shall be remitted to the Distribution Collection Account no later than 1:00 p.m. Eastern California time on the Distribution Account Deposit Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject The Servicer may, in its sole discretion, make an Advance with respect to the Master principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's recoverability determination, in obligation under this Section 4.01 to Advance the event that interest portion of the final Scheduled Payment with respect to a subservicer fails to make Balloon Loan as if such Balloon Loan were a required Advancefully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Master Servicer shall be required Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to remit the amount of such Advance to the Distribution Accountzero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held for Future Distributions Distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Collection Account to the Distribution Certificate Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.014.01.

Appears in 3 contracts

Sources: Pooling and Servicing Agreement (Chase Manhattan Acceptance Corp /De/), Pooling and Servicing Agreement (Chase Funding Inc), Pooling and Servicing Agreement (Chase Funding Inc)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant (a) Subject to the Subservicing Agreement toconditions of this Article IV, the Servicer, as required below, shall make an Advance and deposit such Advance in the Protected Collection Account. Each such Advance shall be remitted to the Distribution Collection Account no later than 1:00 4:00 p.m. Eastern time Time on the Distribution Account Deposit Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject The Servicer may, in its sole discretion, make an Advance with respect to the Master principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's recoverability determination, in obligation under this Section 4.01 to Advance the event that interest portion of the final Scheduled Payment with respect to a subservicer fails to make Balloon Loan as if such Balloon Loan were a required Advancefully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Master Servicer shall be required Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to remit the amount of such Advance to the Distribution Accountzero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) such Mortgage Loan is paid in full or full, (ii) the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and 4.01, (iii) the Servicer determines in accordance with the provisions of Article VIII hereof, its good faith judgment that such amounts would constitute a Non-Recoverable Advance as provided in the event preceding paragraph or (iv) the Master date on which such Mortgage Loan becomes 150 days delinquent as set forth below. (b) Notwithstanding anything in this Agreement to the contrary (including, but not limited to, Sections 3.01 and 4.01(a) hereof), no Advance or Servicing Advance shall be required to be made hereunder by the Servicer fails to make if such Advance or Servicing Advance would, if made, constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance. The determination by the Servicer that it has made a Non-Recoverable Advance or a Non-Recoverable Servicing Advance or that any proposed Advance or Servicing Advance, then the Trusteeif made, as Successor Master Servicerwould constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance, respectively, shall be obligated evidenced by an Officer's Certificate of the Servicer delivered to the Depositor and the Trustee. In addition, the Servicer shall not be required to advance any Relief Act Shortfalls. (c) Notwithstanding the foregoing, the Servicer shall not be required to make any Advances for any Mortgage Loan after such AdvanceMortgage Loan becomes 150 days delinquent. The Servicer shall identify such delinquent Mortgage Loans in the Servicer Statement referenced in Section 3.24. In addition, subject to the provisions of this Section 5.01Servicer shall provide the Trustee with an Officer's Certificate listing such delinquent Mortgage Loans and certifying that such loans are 150 days or more delinquent.

Appears in 3 contracts

Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2005-He3), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2005-Ar1), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2005-He2)

Advances. The Master If the Scheduled Payment on a Mortgage Loan or a portion thereof is delinquent as of its Due Date, other than as a result of interest shortfalls due to bankruptcy proceedings or application of the Relief Act, and the Servicer shall, or shall cause fails to make an advance of the related subservicer delinquent amount pursuant to the Subservicing Agreement toServicing Agreement, make an Advance and then the Trustee (in its capacity as Successor Servicer) shall deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Remittance Date in immediately available funds. The Master Servicer on which such Advance was required to be remitted by the Servicer, from its own funds an amount equal to such delinquency, net of the Servicing Fee for such Mortgage Loan except to the extent the Trustee determines any such advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds, or future payments on the Mortgage Loan for which such Advance was made; provided, however, that if the Trustee is prohibited by law or regulation from obligating itself to make advances regarding delinquent mortgage loans, then the Trustee shall not be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as 5.01; and provided further, that any failure to perform such duties or responsibilities caused by the Servicer’s failure to provide information required by the Trustee in Section 4.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance connection with the provisions making of Article VIII hereof, in any such required Advance shall not be considered a default by the event the Master Servicer fails to make such Advance, then the Trustee, Trustee as Successor Master Servicer, shall be obligated to make such Advance, subject successor to the provisions Servicer; provided, however, that (1) it is understood and acknowledged by the parties hereto that there will be a period of this Section 5.01transition (not to exceed 90 days) before the actual servicing functions can be fully transferred to the Trustee or any Successor Servicer and (2) any failure to perform such duties or responsibilities caused by the Servicer’s failure to provide information required by the Trustee in connection with the making of any such Advance shall not be considered a default by the Trustee as successor to the Servicer.

Appears in 3 contracts

Sources: Pooling and Servicing Agreement (Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2006-Wf1), Pooling and Servicing Agreement (Nomura Home Equity Loan, Inc., Home Equity Loan Trust, Series 2006-Wf1), Pooling and Servicing Agreement (Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2006-Wf1)

Advances. The If any portion of a Monthly Payment relating to interest payments (together with any advances from the Subservicers) on a Mortgage Loan that was due on the immediately preceding Due Date and delinquent on the Determination Date is delinquent other than as a result of application of the Relief Act, the Master Servicer shall, will deposit or shall cause the related subservicer pursuant Subservicer to the Subservicing Agreement to, make an Advance and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Collection Account no not later than 1:00 p.m. Eastern time on the Distribution Account Deposit fourth Business Day immediately preceding the related Payment Date in immediately available funds. The Master Servicer shall be obligated an amount equal to make any such Advance only deficiency net of the related Servicing Fee for such Mortgage Loan, except to the extent that the Master Servicer determines any such advance would not to be a Nonrecoverable Advance. If Subject to the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion foregoing and in the absence of such Advance would constitute a Nonrecoverable Advancedetermination, the Master Servicer shall deliver (i) continue to make such advances through the Trustee for date that the benefit related Mortgaged Property has, in the judgment of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in been completely liquidated. If applicable, on the event that a subservicer fails to make a required Advancefourth Business Day immediately preceding the related Payment Date, the Master Servicer shall be required to remit the amount of such Advance present an Officer's Certificate to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, Indenture Trustee and the Note Insurer (i) stating that the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation elects not to make any such an Advance in a stated amount and (ii) transfer such detailing the reason it deems the advance to be a Nonrecoverable Advance. Such advances may be made in whole or in part from funds from in the Protected Collection Account to the Distribution Accountbeing held for future distributions or withdrawal on or in connection with Payment Dates in subsequent months. Any funds so applied and transferred being held for future distributions shall be replaced by the Master Servicer from its own funds by deposit in the Distribution Account, no later than Collection Account on or before the close of business on the fifth Business Day immediately preceding the Distribution any Payment Date on which such there would otherwise be insufficient funds are in the Collection Account, for transfer to the Payment Account, to permit payment of all amounts required to be distributed paid pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from Section 3.05 of the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01Indenture.

Appears in 2 contracts

Sources: Servicing Agreement (Pacificamerica Money Center Inc), Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant (a) Subject to the Subservicing Agreement toconditions of this Article IV, the Servicer, as required below, shall make an Advance and deposit such Advance in the Protected Collection Account. Each The Servicer shall use commercially reasonable efforts to remit each such Advance shall be remitted to the Distribution Account no later than 1:00 2:30 p.m. Eastern time ET, but in any case no later than 4:00 p.m. ET, on the Distribution Account Deposit Servicer Remittance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency NIMs Insurer and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject The Servicer may, in its sole discretion, make an Advance with respect to the Master principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's recoverability determination, in obligation under this Section 4.01 to Advance the event that interest portion of the final Scheduled Payment with respect to a subservicer fails to make Balloon Loan as if such Balloon Loan were a required Advancefully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Master Servicer shall be required Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to remit the amount of such Advance to the Distribution Accountzero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Remittance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) such Mortgage Loan is paid in full or full, (ii) the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund Issuing Entity pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and 4.01, (iii) the Servicer determines in accordance with the provisions of Article VIII hereof, its good faith judgment that such amounts would constitute a Non-Recoverable Advance as provided in the event preceding paragraph or (iv) the Master date on which such Mortgage Loan becomes 150 days delinquent as set forth below. (b) Notwithstanding anything in this Agreement to the contrary (including, but not limited to, Sections 3.01 and 4.01(a) hereof), no Advance or Servicing Advance shall be required to be made hereunder by the Servicer fails to make (including for the avoidance of doubt, the Trustee as successor servicer) if such Advance or Servicing Advance would, if made, constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance. The determination by the Servicer that it has made a Non-Recoverable Advance or a Non-Recoverable Servicing Advance or that any proposed Advance or Servicing Advance, then the Trusteeif made, as Successor Master Servicerwould constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance, respectively, shall be obligated evidenced by an Officer's Certificate of the Servicer delivered to the Depositor and the Trustee. In addition, the Servicer shall not be required to advance any Relief Act Shortfalls. (c) Notwithstanding the foregoing, the Servicer shall not be required to make any Advances for any Mortgage Loan after such AdvanceMortgage Loan becomes 150 days delinquent. The Servicer shall identify such delinquent Mortgage Loans in the Servicer Statement referenced in Section 3.24. In addition, subject to the provisions of this Section 5.01Servicer shall provide the Trustee with an Officer's Certificate listing such delinquent Mortgage Loans and certifying that such loans are 150 days or more delinquent.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2007-Sd1), Pooling and Servicing Agreement (Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-A)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance (other than any balloon payments) and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. 10:00 a.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer's ’s recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall discontinue making advances with respect to any Mortgage Loan that becomes 60 days Delinquent. If the Master Servicer determines that an Advance would be recoverable through foreclosure proceedings or other conversion of the related Mortgage Loan that becomes 60 days Delinquent, the Master Servicer may continue making Advances on such Mortgage Loan. The Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, or any other Successor Master Servicer appointed hereunder, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Sl4), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Sl3)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance (other than any balloon payments) and deposit such Advance in the Protected AccountAccount with respect to the related Loan Group. Each such Advance shall be remitted to the Distribution Account with respect to the related Loan Group no later than 1:00 p.m. 10:00 a.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such AdvanceAdvance that is not deemed Nonrecoverable, if applicable, and (ii) to the Depositor, each Rating Agency Agency, and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer's ’s recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution AccountAccount with respect to the related Loan Group. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions with respect to the related Loan Group has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account with respect to the related Loan Group to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution AccountAccount with respect to the related Loan Group, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. Unless otherwise described in this Pooling and Servicing Agreement, the Master Servicer shall discontinue making advances with respect to any second lien Mortgage Loan that becomes 60 days delinquent. If the Master Servicer determines that a net recovery is possible through foreclosure proceedings or other disposition of the second lien Mortgage Loan that becomes 60 days Delinquent, the Master Servicer may continue making advances on such second lien Mortgage Loan. The Master Servicer shall be entitled to be reimbursed from the Protected Account with respect to the related Loan Group for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, or any other Successor Master Servicer appointed hereunder, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Aq1), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Aq1)

Advances. The Master Servicer shall▇xcept with respect to Simple Interest Loans, or shall cause for which no Advances of principal are required to be made, if the Scheduled Payment on a Mortgage Loan, other than an EMC Mortgage Loan, that was due on a related Due Date and is delinquent other than as a result of application of the Relief Act and for which the related subservicer Servicer (other than the EMC Master Servicer) was required to make an Advance pursuant to the Subservicing related Servicing Agreement toexceeds the amount deposited in the Master Servicer Collection Account for use as an Advance with respect to such Mortgage Loan, the Wells Master Servicer will make an Advance and in an amount equa▇ ▇▇ such deficiency for deposit such Advance in into the Protected Master Servicer Collection Account or the Distribution Account, as applicable. Each such Advance shall be remitted to the Master Servicer Collection Account or the Distribution Account Account, as appropriate, no later than 1:00 p.m. Eastern Central time on the Distribution Account Deposit Master Servicer Advance Date in immediately available funds. The Wells Master Servicer shall be obligated to make any such Advance Ad▇▇▇▇▇ only to the extent that such advance would not be a Nonrecoverable Advance. If the Wells Master Servicer shall have determined that it has made a Nonrecoverable ▇ ▇▇nrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Wells Master Servicer shall deliver (i) to the Trustee for the benefit t▇▇ ▇▇nefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Wells Master Servicer may (i) cause to be made an appropriate entry appropriat▇ ▇▇▇ry in its records relating to the Master Servicer Collection Account or the Protected Account of the EMC Master Servicer, as applicable, that any Amount Held for Future Distributions has been used by the Wells Master Servicer in discharge of its obligation to make any ▇▇▇ such Advance and (ii) transfer such funds from the Protected Master Servicer Collection Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Wells Master Servicer by deposit in the Distribution Master Servicer Coll▇▇▇▇▇n Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Wells Master Servicer shall be entitled to be reimbursed from the Protected fro▇ ▇▇▇ Distribution Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.024.05. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event of a failure by the Wells Master Servicer to make an Advance pursuant to this Se▇▇▇▇▇ 5.01, then the EMC Master Servicer shall be obligated to make such Advance, and if the EMC Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant Subject to the Subservicing Agreement toconditions of this Article IV, the Servicer, as required below, shall make an Advance and deposit such Advance in the Protected Collection Account. Each such Advance shall be remitted to the Distribution Collection Account no later than 1:00 p.m. Eastern Pacific Standard time on the Distribution Account Deposit Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee or the Paying Agent for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee or the Paying Agent an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held for Future Distributions Distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Collection Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.014.01.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Chase Funding Loan Acquisition Trust, Series 2004-Opt1), Pooling and Servicing Agreement (Chase Funding Loan Acquisition Trust, Series 2004-Aq1)

Advances. (a) The Master Servicer shall, or Company shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance with respect to any EMC Mortgage Loan and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Master Servicer Collection Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Remittance Date in immediately available funds. The Master Servicer Company shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer Company shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company shall deliver (i) to the Trustee Securities Administrator for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Distribution Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Account Deposit Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer Company shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.025.02. The obligation to make Advances with respect to any EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.016.01. (b) If the Scheduled Payment on an EMC Mortgage Loan that was due on a related Due Date and is delinquent other than as a result of application of the Relief Act and for which the Company was required to make an Advance pursuant to this Agreement or the First Horizon Servicing Agreement exceeds the amount deposited in the Master Servicer Collection Account which will be used for an Advance with respect to such EMC Mortgage Loan, the Master Servicer will deposit in the Master Servicer Collection Account not later than the Distribution Account Deposit Date immediately preceding the related Distribution Date an amount equal to such deficiency, net of the Master Servicing Fee and the Servicing Fee for such EMC Mortgage Loan except to the extent the Master Servicer determines any such Advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on the EMC Mortgage Loan for which such Advance was made. Subject to the foregoing, the Master Servicer shall continue to make such Advances through the date that the Company is required to do so under this Agreement. If applicable, on the Distribution Account Deposit Date, the Master Servicer shall present an Officer’s Certificate to the Trustee (i) stating that the Master Servicer elects not to make an Advance in a stated amount and (ii) detailing the reason it deems the advance to be nonrecoverable. Subject to and in accordance with the provisions of Article VIII IX hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.016.01.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Saco I Trust 2005-8), Pooling and Servicing Agreement (Mortgage-Backed Certificates, Series 2005-7)

Advances. The EMC Master Servicer shall, or shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. Eastern Central time on the Distribution Account Deposit Master Servicer Advance Date in immediately available funds. The EMC Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the EMC Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the EMC Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the EMC Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions has been used by the EMC Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the EMC Master Servicer by deposit in the Distribution Account, Protected Account no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this the Agreement. The EMC Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. 1.08 of this Exhibit K. The obligation to make Advances with respect to any EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this the Agreement, except as otherwise provided in this Section 5.012.01. Subject to and in accordance with the provisions of Article VIII hereofof the Agreement, in the event of a failure by the EMC Master Servicer to make a required Advance pursuant to this Section 2.01, then the Wells Master Servicer shall be obligated to make such Advanc▇, ▇▇d if the Wells Master Servicer fails to make such Advance, then the TrusteeT▇▇▇▇▇e, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant Subject to the Subservicing Agreement toconditions of this Article IV, the Servicer, as required below, shall make an Advance and deposit such Advance in the Protected Collection Account. Each such Advance shall be remitted to the Distribution Collection Account no later than 1:00 p.m. Eastern New York City time on the Distribution Account Deposit Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the NIMs Insurer, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject The Servicer may, in its sole discretion, make an Advance with respect to the Master principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's recoverability determination, in obligation under this Section 4.01 to Advance the event that interest portion of the final Scheduled Payment with respect to a subservicer fails to make Balloon Loan as if such Balloon Loan were a required Advancefully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Master Servicer shall be required Advance (unless it determines in its good faith judgment that such amounts would constitute a Nonrecoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to remit the amount of such Advance to the Distribution Accountzero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.014.01.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Merrill Lynch Mort Inv Mort Ln Asst BCK Certs Ser 2003-Bc3), Pooling and Servicing Agreement (Merrill Lynch Mort Inv Inc Mort Ln as Bk Ce Ser 2003 Bc4)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant (a) Subject to the Subservicing Agreement toconditions of this Article IV, the Servicer, as required below, shall make an Advance and deposit such Advance in the Protected Collection Account. Each such Advance shall be remitted to the Distribution Collection Account no later than 1:00 4:00 p.m. Eastern time on the Distribution Account Deposit Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, Depositor and each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject The Servicer may, in its sole discretion, make an Advance with respect to the Master principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's recoverability determination, in obligation under this Section 4.01 to Advance the event that interest portion of the final Scheduled Payment with respect to a subservicer fails to make Balloon Loan as if such Balloon Loan were a required Advancefully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Master Servicer shall be required Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to remit the amount of such Advance to the Distribution Accountzero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) such Mortgage Loan is paid in full or full, (ii) the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and 4.01, (iii) the Servicer determines in accordance with the provisions of Article VIII hereof, its good faith judgment that such amounts would constitute a Non-Recoverable Advance as provided in the event preceding paragraph or (iv) the Master date on which such Mortgage Loan becomes 150 days delinquent as set forth below. (b) Notwithstanding anything in this Agreement to the contrary (including, but not limited to, Sections 3.01 and 4.01(a) hereof), no Advance or Servicing Advance shall be required to be made hereunder by the Servicer fails to make if such Advance or Servicing Advance would, if made, constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance. The determination by the Servicer that it has made a Non-Recoverable Advance or a Non-Recoverable Servicing Advance or that any proposed Advance or Servicing Advance, then the Trusteeif made, as Successor Master Servicerwould constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance, respectively, shall be obligated evidenced by an Officer's Certificate of the Servicer delivered to the Depositor. In addition, the Servicer shall not be required to advance any Relief Act Shortfalls. (c) Notwithstanding the foregoing, the Servicer shall not be required to make any Advances for any Mortgage Loan after such AdvanceMortgage Loan becomes 150 days delinquent. The Servicer shall identify such delinquent Mortgage Loans in the Servicer Statement referenced in Section 3.24. In addition, subject to the provisions of this Section 5.01Servicer shall provide the Trustee with an Officer's Certificate listing such delinquent Mortgage Loans and certifying that such loans are 150 days or more delinquent.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Mortgage Loan Asset-Backed Certificates, Series 2005-NCB), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2005-Nca)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. 10:00 a.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders and the Certificate Insurer funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency Agency, the Certificate Insurer and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer's ’s recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-He9), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-He9)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant Subject to the Subservicing Agreement toconditions of this Article IV, the Servicer, as required below, shall make an Advance and deposit such Advance in the Protected Collection Account. Each such Advance shall be remitted to the Distribution Collection Account no later than 1:00 p.m. Eastern California time on the Distribution Account Deposit Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject The Servicer may, in its sole discretion, make an Advance with respect to the Master principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's recoverability determination, in obligation under this Section 4.01 to Advance the event that interest portion of the final Scheduled Payment with respect to a subservicer fails to make Balloon Loan as if such Balloon Loan were a required Advancefully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Master Servicer shall be required Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to remit the amount of such Advance to the Distribution Accountzero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held for Future Distributions Distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Collection Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property (or stock allocated to a dwelling unit, in the case of Co-op Loan) or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.014.01.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Chase Funding Inc), Pooling and Servicing Agreement (Chase Funding Inc)

Advances. The Master Servicer shall, If any Monthly Payment on a Mortgage Loan that was due on the immediately preceding Due Date or shall cause due during the related subservicer pursuant to Due Period and delinquent on a Determination Date is delinquent other than as a result of application of the Subservicing Agreement toRelief Act, make an Advance and the Servicer will deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Account no not later than 1:00 p.m. Eastern time on the Distribution Account Deposit related Servicer Remittance Date in immediately available funds. The Master Servicer shall be obligated an amount equal to make any such Advance only Monthly Payment net of the related Servicing Fee for such Mortgage Loan, except to the extent that the Servicer or the related Subservicer determines any such advance would to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on any Mortgage Loan. Subject to the foregoing and in the absence of such a determination, the Servicer shall continue to make such advances through the date that the related Mortgaged Property or REO Property has, in the judgment of the Servicer, been completely liquidated. No later than the fourth Business Day preceding each Payment Date, the Servicer shall present an Officer’s Certificate to the Master Servicer with respect to the Mortgage Loans, (i) stating that the Servicer elects not to make a Monthly Advance in a stated amount and (ii) detailing the reason it deems the advance to be a Nonrecoverable Advance. If the Master The Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, will include in the event that Remittance Report a subservicer fails to list of each Mortgage Loan for which it does not make a required Advance, the Master Servicer shall be required to remit the amount of such Monthly Advance to the Distribution Accountin accordance with this Section. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Such Monthly Advances may (i) cause to be made an appropriate entry in its records relating to whole or in part from funds in the Protected Account that any Amount Held being held for Future Distributions has been used by the Master Servicer future distribution or withdrawal on or in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Accountconnection with Payment Dates in subsequent months. Any funds being held for future distribution to Securityholders and so applied and transferred used shall be replaced by the Master Servicer from its own funds by deposit in the Distribution Account, no later Protected Account prior to the related Servicer Remittance Date to the extent that funds in the Protected Account with respect to the related Payment Date shall be less than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are payments to Securityholders required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until on such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01date.

Appears in 2 contracts

Sources: Servicing Agreement (American Home Mortgage Investment Trust 2006-1), Servicing Agreement (American Home Mortgage Investment Trust 2006-3)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant (a) Subject to the Subservicing Agreement toconditions of this Article IV, the Servicer, as required below, shall make an Advance and deposit such Advance in the Protected Collection Account. Each such Advance shall be remitted to the Distribution Collection Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject The Servicer may, in its sole discretion, make an Advance with respect to the Master principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's recoverability determination, in obligation under this Section 4.01 to Advance the event that interest portion of the final Scheduled Payment with respect to a subservicer fails to make Balloon Loan as if such Balloon Loan were a required Advancefully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Master Servicer shall be required Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to remit the amount of such Advance to the Distribution Accountzero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) such Mortgage Loan is paid in full or full, (ii) the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and 4.01, (iii) the Servicer determines in accordance with the provisions of Article VIII hereof, its good faith judgment that such amounts would constitute a Non-Recoverable Advance as provided in the event preceding paragraph or (iv) the Master date on which such Mortgage Loan becomes 150 days delinquent as set forth below. (b) Notwithstanding anything in this Agreement to the contrary (including, but not limited to, Sections 3.01 and 4.01(a) hereof), no Advance or Servicing Advance shall be required to be made hereunder by the Servicer fails to make if such Advance or Servicing Advance would, if made, constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance. The determination by the Servicer that it has made a Non-Recoverable Advance or a Non-Recoverable Servicing Advance or that any proposed Advance or Servicing Advance, then the Trusteeif made, as Successor Master Servicerwould constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance, respectively, shall be obligated evidenced by an Officer's Certificate of the Servicer delivered to the Depositor and the Trustee. In addition, the Servicer shall not be required to advance any Relief Act Shortfalls. (c) Notwithstanding the foregoing, the Servicer shall not be required to make any Advances for any Mortgage Loan after such AdvanceMortgage Loan becomes 150 days delinquent. The Servicer shall identify such delinquent Mortgage Loans in the Servicer Statement referenced in Section 3.24. In addition, subject to the provisions of this Section 5.01Servicer shall provide the Trustee with an Officer's Certificate listing such delinquent Mortgage Loans and certifying that such loans are 150 days or more delinquent.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2004-Sl1), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance (other than any balloon payments) and deposit such Advance in the Protected AccountAccount with respect to the related Loan Group. Each such Advance shall be remitted to the Distribution Account with respect to the related Loan Group no later than 1:00 p.m. 10:00 a.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such AdvanceAdvance that is not deemed Nonrecoverable, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer's ’s recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution AccountAccount with respect to the related Loan Group. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions with respect to the related Loan Group has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account with respect to the related Loan Group to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution AccountAccount with respect to the related Loan Group, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. Unless otherwise described in this Pooling and Servicing Agreement, the Master Servicer shall discontinue making advances with respect to any second lien Mortgage Loan that becomes 60 days delinquent. If the Master Servicer determines that a net recovery is possible through foreclosure proceedings or other disposition of the second lien Mortgage Loan that becomes 60 days Delinquent, the Master Servicer may continue making advances on such second lien Mortgage Loan. The Master Servicer shall be entitled to be reimbursed from the Protected Account with respect to the related Loan Group for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, or any other Successor Master Servicer appointed hereunder, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He1), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He10)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant (a) Subject to the Subservicing Agreement toconditions of this Article IV, the Servicer, as required below, shall make an Advance and deposit such Advance in the Protected Collection Account. Each such Advance shall be remitted to the Distribution Collection Account no later than 1:00 4:00 p.m. Eastern time on the Distribution Account Deposit Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee Securities Administrator for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee Master Servicer an Officer's Certificate setting forth the basis for such determination. Subject The Servicer may, in its sole discretion, make an Advance with respect to the Master principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's recoverability determination, in obligation under this Section 4.01 to Advance the event that interest portion of the final Scheduled Payment with respect to a subservicer fails to make Balloon Loan as if such Balloon Loan were a required Advancefully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Master Servicer shall be required Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to remit the amount of such Advance to the Distribution Accountzero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) such Mortgage Loan is paid in full or full, (ii) the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and 4.01, (iii) the Servicer determines in accordance with the provisions of Article VIII hereof, its good faith judgment that such amounts would constitute a Non-Recoverable Advance as provided in the event preceding paragraph or (iv) the date on which such Mortgage Loan becomes 150 days delinquent as set forth below. (b) Notwithstanding anything in this Agreement to the contrary (including, but not limited to, Sections 3.01 and 4.01(a) hereof), no Advance or Servicing Advance shall be required to be made hereunder by the Servicer if such Advance or Servicing Advance would, if made, constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance. The determination by the Servicer that it has made a Non-Recoverable Advance or a Non-Recoverable Servicing Advance or that any proposed Advance or Servicing Advance, if made, would constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance, respectively, shall be evidenced by an Officer's Certificate of the Servicer delivered to the Depositor and the Master Servicer. In addition, the Servicer shall not be required to advance any Relief Act Shortfalls. (c) Notwithstanding the foregoing, the Servicer shall not be required to make any Advances for any Mortgage Loan after such Mortgage Loan becomes 150 days delinquent. The Servicer shall identify such delinquent Mortgage Loans in the Servicer Statement referenced in Section 3.24. In addition, the Servicer shall provide the Master Servicer fails to make with an Officer's Certificate listing such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make delinquent Mortgage Loans and certifying that such Advance, subject to the provisions of this Section 5.01loans are 150 days or more delinquent.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2005-Sl1), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors, Inc. Series 2004-FFC)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance (other than any balloon payments) and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. 10:00 a.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such AdvanceAdvance that is not deemed Nonrecoverable, if applicable, and (ii) to the Depositor, each Rating Agency Agency, and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer's ’s recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. Unless otherwise described in this Agreement, the Master Servicer shall discontinue making Advances with respect to any second lien Mortgage Loan that becomes 60 days delinquent. Notwithstanding anything in this Section 5.01 to the contrary, the Master Servicer shall not be obligated to deliver an Officer’s Certificate in connection with any such discontinuation of advancing pursuant to the preceding sentence, as long as no determination shall have been made as to whether such Advances are Nonrecoverable Advances. If the Master Servicer determines that a net recovery is possible through foreclosure proceedings or other disposition of the second lien Mortgage Loan that becomes 60 days Delinquent, the Master Servicer may continue making advances on such second lien Mortgage Loan. The Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, or any other Successor Master Servicer appointed hereunder, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2007-Sl2), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2007-Sl2)

Advances. The Master Servicer shall, If any Monthly Payment on a Mortgage Loan that was due on the immediately preceding Due Date or shall cause due during the related subservicer pursuant to Due Period and delinquent on a Determination Date is delinquent other than as a result of application of the Subservicing Agreement toRelief Act, make an Advance and the Servicer will deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Account no not later than 1:00 p.m. Eastern time on the Distribution Account Deposit related Servicer Remittance Date in immediately available funds. The Master Servicer shall be obligated an amount equal to make any such Advance only Monthly Payment net of the related Servicing Fee for such Mortgage Loan, except to the extent that the Servicer or the related Subservicer determines any such advance would to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on any Mortgage Loan. Subject to the foregoing and in the absence of such a determination, the Servicer shall continue to make such advances through the date that the related Mortgaged Property or REO Property has, in the judgment of the Servicer, been completely liquidated. No later than the fourth Business Day preceding each Distribution Date, the Servicer shall present an Officer’s Certificate to the Master Servicer with respect to the Mortgage Loans, (i) stating that the Servicer elects not to make a Monthly Advance in a stated amount and (ii) detailing the reason it deems the advance to be a Nonrecoverable Advance. If the Master The Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, will include in the event that Remittance Report a subservicer fails to list of each Mortgage Loan for which it does not make a required Advance, the Master Servicer shall be required to remit the amount of such Monthly Advance to the Distribution Accountin accordance with this Section. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Such Monthly Advances may (i) cause to be made an appropriate entry in its records relating to whole or in part from funds in the Protected Account that any Amount Held being held for Future Distributions has been used by the Master Servicer future distribution or withdrawal on or in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the connection with Distribution AccountDates in subsequent months. Any funds being held for future distribution to Certificateholders and so applied and transferred used shall be replaced by the Master Servicer from its own funds by deposit in the Distribution Account, no later than Protected Account prior to the close of business on related Servicer Remittance Date to the Business Day immediately preceding extent that funds in the Protected Account with respect to the related Distribution Date on which such funds are shall be less than payments to Certificateholders required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until on such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01date.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2005-2), Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2005-1)

Advances. (a) The Master Servicer shall, or Company shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance with respect to any EMC Mortgage Loan and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Master Servicer Collection Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Remittance Date in immediately available funds. The Master Servicer Company or the related Servicer, as applicable, shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Company or the related Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company or the related Servicer, as the case may be, shall deliver (i) to the Trustee Securities Administrator for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency Agency, and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Amounts Held for Future Distributions Distribution has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Distribution Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Account Deposit Date on which such funds are required to be distributed pursuant to this Agreement. Each Servicer will discontinue making advances with respect to any Mortgage Loan that becomes 90 days delinquent. In addition, each Servicer must charge off a Mortgage Loan at the time such Mortgage Loan becomes 180 days delinquent unless such Servicer reasonably believes that it may be able to obtain a significant net recovery through foreclosure proceedings or other conversion of the related mortgaged property. Once a Mortgage Loan is charged off, the related Servicer will not be entitled to any additional servicing fee for such Mortgage Loan, except to the extent of any unpaid servicing fees and expenses which will be reimbursable from any recoveries on such Mortgage Loan, and the Mortgage Loan will be treated as a liquidated Mortgage Loan giving rise to a Realized Loss. If the related Servicer determines that a significant net recovery is possible through foreclosure proceedings or other liquidation of the related mortgaged property on a Mortgage Loan that becomes 90 days delinquent, the related Servicer may continue making advances on such Mortgage Loan. The Master Servicer Company shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.025.02; provided, however, such reimbursement shall be limited to funds received from Mortgage Loans in the related Loan Group for which such Advance was made. The obligation to make Advances with respect to any EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.016.01. (b) If the Scheduled Payment on a Mortgage Loan that was due on a related Due Date and is delinquent other than as a result of application of the Relief Act and for which the Company or the related Servicer was required to make an Advance pursuant to this Agreement or the related Servicing Agreement exceeds the amount deposited in the Master Servicer Collection Account which shall be used for an Advance with respect to such Mortgage Loan, the Master Servicer will deposit in the Master Servicer Collection Account not later than the Distribution Account Deposit Date immediately preceding the related Distribution Date an amount equal to such deficiency, net of the Master Servicing Fee and the Servicing Fee for such Mortgage Loan except to the extent the Master Servicer determines any such Advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on the Mortgage Loan for which such Advance was made. Subject to the foregoing, the Master Servicer shall continue to make such Advances through the date that the Company or the related Servicer is required to do so under this Agreement or the related Servicing Agreement, as applicable. If applicable, on the Distribution Account Deposit Date, the Master Servicer shall present an Officer’s Certificate to the Trustee (i) stating that the Master Servicer elects not to make an Advance in a stated amount and (ii) detailing the reason it deems the advance to be nonrecoverable. The Master Servicer may rely on any non-recoverability determination of the Company or any Servicer. Subject to and in accordance with the provisions of Article VIII IX hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.016.01.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (SACO I Trust 2006-5), Pooling and Servicing Agreement (SACO I Trust 2006-5)

Advances. (a) The Master Servicer shall, or Company shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance with respect to any EMC Mortgage Loan and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Master Servicer Collection Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Remittance Date in immediately available funds. The Master Servicer shall cause the related Servicer to remit any such Advance required pursuant to the terms of the related Servicing Agreement. The Company or the related Servicer, as applicable, shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Company or the related Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company or the related Servicer, as the case may be, shall deliver (i) to the Trustee Securities Administrator for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Amounts Held for Future Distributions Distribution has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Distribution Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer Company shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.025.02. The obligation to make Advances with respect to any EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.016.01. (b) If the Scheduled Payment on a Mortgage Loan that was due on a related Due Date and is delinquent other than as a result of application of the Relief Act and for which the Company or the related Servicer was required to make an Advance pursuant to this Agreement or the related Servicing Agreement exceeds the amount deposited in the Master Servicer Collection Account which will be used for an Advance with respect to such Mortgage Loan, the Master Servicer will deposit in the Master Servicer Collection Account not later than the Distribution Account Deposit Date immediately preceding the related Distribution Date an amount equal to such deficiency, net of the Master Servicing Fee and the Servicing Fee for such Mortgage Loan except to the extent the Master Servicer determines any such Advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on the Mortgage Loan for which such Advance was made. Subject to the foregoing, the Master Servicer shall continue to make such Advances through the date that the Company or the related Servicer is required to do so under this Agreement or the related Servicing Agreement, as applicable. If applicable, on the Distribution Account Deposit Date, the Master Servicer shall present an Officer’s Certificate to the Trustee (i) stating that the Master Servicer elects not to make an Advance in a stated amount and (ii) detailing the reason it deems the advance to be nonrecoverable. Subject to and in accordance with the provisions of Article VIII IX hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.016.01.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-Ac4), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-Ac7)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant (a) With respect to the Subservicing Agreement to, make an Advance Home Loans (other than Defaulted Home Loans) and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the each Distribution Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable AdvanceDate, the Master Servicer shall deliver advance from its own funds and deposit into the Note Distribution Account or from funds on deposit in the related Collection Account in respect of amounts available for distribution on future Distribution Dates, no later than the related Determination Date, the excess, if any, of (i) the aggregate of the portions of the Monthly Payments due with respect to all Home Loans in the related Due Period allocable to interest (calculated at a rate equal to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and Net Loan Rate) over (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the aggregate amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry deposited into the Note Distribution Account with respect to all Home Loans and such Distribution Date and allocated in its records relating accordance with Section 4.03(c) to the Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any interest (such Advance and (ii) transfer such funds from the Protected Account to the Distribution Accountamounts, "Interest Advances"). Any funds so applied and transferred from funds on deposit in the Collection Account in respect of amounts available for distribution on future Distribution Dates shall be replaced reimbursed by the Master Servicer by on or before any future Distribution Date to the extent that funds on deposit in the Note Distribution Account, no later Account applied in the order of priority set forth in such Section 5.01(c) would be less than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are amount required to be distributed pursuant to this AgreementSection 5.01(c) on such dates as a result of such Interest Advances. Notwithstanding anything herein to the contrary, no Interest Advance shall be required to be made hereunder (i) if the Master Servicer determines that such Interest Advance would, if made, constitute a Nonrecoverable Advance or (ii) with respect to shortfalls in interest resulting from application of the Soldiers' and Sailors' Relief Act or from full or partial prepayments of any Loan. (b) The Master Servicer shall advance from its own funds the following amounts in respect of any Mortgage Loan or Foreclosed Property, as applicable (collectively, "Foreclosure Advances"): (i) all third party costs and expenses (including legal fees and costs and expenses relating to bankruptcy or insolvency proceedings in respect of any Obligor) associated with the institution of foreclosure or other similar proceedings in respect of any Home Loan pursuant to Section 4.12; (ii) all insurance premiums due and payable in respect of each Foreclosed Property, prior to the date on which the related Insurance Policy would otherwise be terminated; (iii) all real estate taxes and assessments in respect of each Foreclosed Property that have resulted in the imposition of a lien thereon, other than amounts that are due but not yet delinquent; (iv) all costs and expenses necessary to maintain each Foreclosed Property; (v) all fees and expenses payable to any Independent Contractor hired to operate and manage a Foreclosed Property pursuant to Section 4.14(b); and (vi) all fees and expenses of any Independent appraiser or other real estate expert retained by the Indenture Trustee pursuant to Section 4.13(a). The Master Servicer shall be entitled to be reimbursed from advance the Protected Account Foreclosure Advances described in clauses (i) through (v) above if, but only if, it has approved the foreclosure or other similar proceeding in writing and the Master Servicer would make such an advance if it or an affiliate held the affected Mortgage Loan or Foreclosed Property for all Advances of its own funds made pursuant to this Section as provided account and, in Section 4.02the Master Servicer's good faith judgment, such advance would not constitute a nonrecoverable advance. The obligation to make Advances In making such assessment with respect to any the institution of such proceedings, the Master Servicer shall not advance funds with respect to a Mortgage Loan shall continue until unless the appraised value of the related Property exceeds the sum of (i) the amounts necessary to satisfy any liens prior to the liens on Mortgages securing such Mortgage Loan is paid in full and (ii) the reasonably anticipated costs of foreclosure or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01similar proceedings.

Appears in 2 contracts

Sources: Sale and Servicing Agreement (Mego Mortgage Corp), Sale and Servicing Agreement (Mego Financial Corp)

Advances. The If the Servicer fails to remit any Advance required to be made under this Agreement, the Master Servicer shallsolely in its capacity as successor servicer shall itself make, or shall cause the related subservicer pursuant successor servicer to the Subservicing Agreement tomake, make an Advance and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer solely in its capacity as successor servicer determines that an Advance is required, it shall have determined on the Business Day preceding the related Distribution Date immediately following such Determination Date remit from its own funds (or funds advanced by the successor servicer) for deposit in the Master Servicer Collection Account immediately available funds in an amount equal to such Advance. If the Master Servicer fails to remit any Advance required to be made under this Agreement, the Trustee solely in its capacity as successor master servicer shall itself make, subject to applicable law, or shall cause the successor servicer to make, such Advance. If the Trustee solely in its capacity as successor master servicer determines that an Advance is required, it has made a Nonrecoverable Advance shall on the Business Day preceding the related Distribution Date immediately following such Determination Date remit from its own funds (or that a proposed Advance or a lesser portion of funds advanced by the successor servicer) for deposit in the Distribution Account immediately available funds in an amount equal to such Advance would constitute a Nonrecoverable Advance. The Servicer, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of by it under this Agreement, except as otherwise provided in this Section 5.01. Subject Notwithstanding anything to and in accordance with the provisions of Article VIII hereofcontrary herein, in the event the Master Servicer fails or Trustee (or successor servicer) determines in its reasonable judgment that an Advance is Nonrecoverable, the Master Servicer or Trustee (or successor servicer) shall be under no obligation to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series MLCC 2007-1), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series MLCC 2007-3)

Advances. The Master Servicer Company shall, or shall cause the related subservicer pursuant to the Subservicing Agreement to, related servicing agreement to make an Advance with respect to any Mortgage Loan (other than with respect to any balloon payments) and deposit remit such Advance to the Master Servicer for deposit in the Protected Account. Each such Advance shall be remitted to the Distribution Master Servicer Collection Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Remittance Date in immediately available funds. The Master Servicer Company shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer Company shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company shall deliver (i) to the Trustee Master Servicer for the benefit of the Certificateholders funds constituting the remaining portion of such AdvanceAdvance that is not deemed nonrecoverable, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Amounts Held for Future Distributions Distribution has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Master Servicer Collection Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Distribution Master Servicer Collection Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. Unless otherwise described in this Agreement, the Company shall discontinue making Advances with respect to any second lien Mortgage Loan that becomes 60 days Delinquent. Notwithstanding anything in this Section 6.01 to the contrary, the Company shall not be obligated to deliver an Officer’s Certificate pursuant to the preceding sentence since no determination has been made as to whether such Advances are Nonrecoverable Advances. If the Company determines that a net recovery is possible through foreclosure proceedings or other disposition of the second lien Mortgage Loan that becomes 60 days Delinquent, the Company may continue making advances on such second lien Mortgage Loan. The Master Servicer Company shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.025.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.016.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Company fails to make any required Advance, in whole or in part, then the Master Servicer or any other Successor Master Servicer appointed hereunder shall be obligated to remit such Advance to the Trustee on the Distribution Account Deposit Date an amount equal to such required Advance to the extent not otherwise paid by the Company, net of the related Servicing Fee for such Mortgage Loan. The Master Servicer or any other Successor Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. Subject to the foregoing, the Master Servicer shall continue to make such Advances through the date that the Company is required to do so under this Agreement. For the avoidance of doubt, if the Company discontinues making any Advances pursuant to the third paragraph of this Section 6.01, the Master Servicer or any other Successor Master Servicer shall not be obligated to make such Advances. Subject to and in accordance with the provisions of Article IX hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, Trustee as Successor Master Servicer, Servicer or any other Successor Master Servicer shall be obligated to make such Advance, subject Advance in an amount equal to such required Advance to the provisions extent not otherwise paid by the Company or the Master Servicer, net of the related Servicing Fee for such Mortgage Loan. The Trustee as Successor Master Servicer or any other Successor Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. For the avoidance of doubt, if the Company or the Master Servicer discontinues making any Advances pursuant to the third paragraph of this Section 5.016.01, the Trustee as Successor Master Servicer or any other Successor Master Servicer shall not be obligated to make such Advances.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He6), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He6)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant (a) Subject to the Subservicing Agreement toconditions of this Article IV, the Servicer, as required below, shall make an Advance and deposit such Advance in the Protected Collection Account. Each such Advance shall be remitted to the Distribution Collection Account no later than 1:00 3:00 p.m. Eastern time on the Distribution Account Deposit Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the NIMs Insurer, each Rating Agency rating the Certificates and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) the date such Mortgage Loan is paid in full or full, (ii) the date the related Mortgaged Property (or stock allocated to a dwelling unit, in the case of a Co-op Loan) or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.014.01, or (iii) the date on which such Mortgage Loan becomes 150 days delinquent as set forth below. (b) Notwithstanding anything in this Agreement to the contrary (including, but not limited to, Sections 3.01 and 4.01(a) hereof), no Advance or Servicing Advance shall be required to be made hereunder by the Servicer if such Advance or Servicing Advance would, if made, constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance. Subject to and in accordance with The determination by the provisions of Article VIII hereof, in the event the Master Servicer fails to make such that it has made a Non-Recoverable Advance or a Non-Recoverable Servicing Advance or that any proposed Advance or Servicing Advance, then the Trusteeif made, as Successor Master Servicerwould constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance, respectively, shall be obligated evidenced by an Officer's Certificate of the Servicer delivered to the Depositor and the Trustee. In addition, the Servicer shall not be required to advance any Relief Act Shortfalls. (c) Notwithstanding the foregoing, the Servicer shall not be required to make any Advances for any Mortgage Loan after such AdvanceMortgage Loan becomes 150 days delinquent. The Servicer shall identify such delinquent Mortgage Loans in the Servicer Statement referenced in Section 3.24. In addition, subject to the provisions of this Section 5.01Servicer shall provide the Trustee with an Officer's Certificate listing such delinquent Mortgage Loans and certifying that such loans are 150 days or more delinquent.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust, Series 2005-Ff6)

Advances. (a) The Master Servicer shall, or Company shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance with respect to any EMC Mortgage Loan and deposit remit such Advance to the Securities Administrator for deposit in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Remittance Date in immediately available funds. The Master Servicer shall cause the related Servicer to remit any such Advance required pursuant to the terms of the related Servicing Agreement. The Company or the related Servicer, as applicable, shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Company or the related Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company or the related Servicer, as the case may be, shall deliver (i) to the Trustee Securities Administrator for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer's ’s recoverability determination, in the event that a subservicer Servicer fails to make a required Advance, the Master Servicer, as successor servicer, shall be required to remit the amount of such Advance to the Distribution Account. Subject to the Securities Administrator’s recoverability determination, in the event that the Master Servicer fails to make a required Advance, the Securities Administrator shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Amounts Held for Future Distributions Distribution has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Distribution Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer Company shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.025.02. The obligation to make Advances with respect to any EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.016.01. (b) If the Company or the related Servicer was required to make an Advance pursuant to this Agreement or the related Servicing Agreement and fails to make any required Advance, the Master Servicer, as successor servicer, or an other successor servicer appointed by it, will remit to the Securities Administrator, who in turn will deposit in the Distribution Account not later than the Business Day prior to the Distribution Date an amount equal to such Advance, net of the Servicing Fee for such Mortgage Loan except to the extent the Master Servicer determines any such Advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on the Mortgage Loan for which such Advance was made. Subject to the foregoing, the Master Servicer shall continue to make such Advances through the date that the Company or the related Servicer is required to do so under this Agreement or the related Servicing Agreement, as applicable. If applicable, on the related Remittance Date, the Master Servicer shall present an Officer’s Certificate to the Trustee (i) stating that the Master Servicer elects not to make an Advance in a stated amount and (ii) detailing the reason it deems the advance to be nonrecoverable. Subject to and in accordance with the provisions of Article VIII IX hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.016.01, in accordance with and subject to the terms of this Agreement (including its rights of reimbursement hereunder).

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Ac4), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Ac4)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant (a) Subject to the Subservicing Agreement toconditions of this Article IV, the Servicer, as required below, shall make an Advance and deposit such Advance in the Protected Collection Account. Each such Advance shall be remitted to the Distribution Collection Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency the NIMs Insurer and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject The Servicer may, in its sole discretion, make an Advance with respect to the Master principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's recoverability determination, in obligation under this Section 4.01 to advance the event that interest portion of the final Scheduled Payment with respect to a subservicer fails to make Balloon Loan as if such Balloon Loan were a required Advancefully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Master Servicer shall be required Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to remit the amount of such Advance to the Distribution Accountzero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) the date such Mortgage Loan is paid in full or full, (ii) the date the related Mortgaged Property (or stock allocated to a dwelling unit, in the case of a Co-op Loan) or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.014.01, or (iii) the date on which such Mortgage Loan becomes 150 days delinquent as set forth below. (b) Notwithstanding anything in this Agreement to the contrary (including, but not limited to, Sections 3.01 and 4.01(a) hereof), no Advance or Servicing Advance shall be required to be made hereunder by the Servicer (or, including for the avoidance of doubt, the Trustee as successor servicer) if such Advance or Servicing Advance would, if made, constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance. Subject to and in accordance with The determination by the provisions of Article VIII hereof, in the event the Master Servicer fails to make such that it has made a Non-Recoverable Advance or a Non-Recoverable Servicing Advance or that any proposed Advance or Servicing Advance, then the Trusteeif made, as Successor Master Servicerwould constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance, respectively, shall be obligated evidenced by an Officer's Certificate of the Servicer delivered to the Depositor and the Trustee. In addition, the Servicer shall not be required to advance any Relief Act Shortfalls. The 105 Servicer will not make any Advances of principal on REO Properties and is not required to make any Advances of principal on second lien Mortgage Loans. (c) Notwithstanding the foregoing, the Servicer shall not be required to make any Advances for any Mortgage Loan after such Advance, subject Mortgage Loan becomes 150 days delinquent. The Servicer shall identify such delinquent Mortgage Loans in the delinquency reports to be furnished by the Servicer to the provisions Trustee pursuant to Section 3.24. Servicer may charge off any second lien Mortgage Loan that is 180 days or more delinquent based upon a determination that foreclosure proceedings or other liquidation of the related Mortgaged Property would not yield a net recovery, as set forth in Section 3.12(d) of this Section 5.01Agreement.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (OwnIt Mortgage Loan Trust Series 2006-6), Pooling and Servicing Agreement (OwnIt Mortgage Loan Trust Mortgage Loan Asset-Backed Certificates, Series 2006-7)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant Subject to the Subservicing Agreement toconditions of this Article IV, the Servicer, as required below, shall make an Advance and deposit such Advance in the Protected Collection Account. Each such Advance shall be remitted to the Distribution Collection Account no later than 1:00 p.m. Eastern Standard time on the Distribution Account Deposit Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the NIMs Insurer, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject The Servicer may, in its sole discretion, make an Advance with respect to the Master principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's recoverability determination, in obligation under this Section 4.01 to Advance the event that interest portion of the final Scheduled Payment with respect to a subservicer fails to make Balloon Loan as if such Balloon Loan were a required Advancefully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Master Servicer shall be required Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to remit the amount of such Advance to the Distribution Accountzero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.014.01.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Merrill Lynch Mort Inv Inc Mort Ln Ast BCK CTS Ser 2003-Bc1), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance (other than any balloon payments) and deposit such Advance in the Protected AccountAccount with respect to the related Loan Group. Each such Advance shall be remitted to the Distribution Account with respect to the related Loan Group no later than 1:00 p.m. 10:00 a.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the related Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer's ’s recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution AccountAccount with respect to the related Loan Group. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions with respect to the related Loan Group has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account with respect to the related Loan Group to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution AccountAccount with respect to the related Loan Group, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Account with respect to the related Loan Group for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He6), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He1)

Advances. The Master Servicer shallIf the Monthly Payment on a Loan or a portion thereof is delinquent as of its Due Date, other than as a result of interest shortfalls due to bankruptcy proceedings or shall cause application of the Relief Act, and the related subservicer Servicer fails to make a Monthly Advance pursuant to the Subservicing Agreement torelated Servicing Agreement, make an Advance and the Master Servicer, in its capacity as successor Servicer, shall deposit such Advance in the Protected Distribution Account. Each such Advance shall be remitted to , from its own funds or from amounts on deposit in the Distribution Account no that are held for future distribution, not later than 1:00 p.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The preceding the related Distribution Date an amount equal to such delinquency, net of the Servicing Fee and Master Servicing Fee for such Loan except to the extent the Master Servicer shall be obligated to make determines any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer Any amounts held for future distribution and so used shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to be appropriately reflected in the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its ’s records relating to the Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, no later Account on or before any future Distribution Account Deposit Date to the extent that the Available Distribution Amount for the related Distribution Date (determined without regard to Advances to be made on the Distribution Account Deposit Date) shall be less than the close total amount that would be distributed to the Classes of business Certificateholders pursuant to Section 4.1 on the Business Day immediately preceding the such Distribution Date on which if such funds are required amounts held for future distributions had not been so used to be distributed pursuant make Advances. Subject to this Agreement. The the foregoing, the Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation continue to make such Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or through the date that the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant Servicer is required to any applicable provision of this do so under its Servicing Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in In the event the Master Servicer fails elects not to make an Advance because the Master Servicer deems such AdvanceAdvance to be a Nonrecoverable Advance pursuant to this Section 4.4, then on the TrusteeDistribution Account Deposit Date, as Successor the Master Servicer, Servicer shall be obligated present an Officer’s Certificate to the Trustee (i) stating that the Master Servicer elects not to make such an Advance in a stated amount and (ii) detailing the reason it deems the Advance to be a Nonrecoverable Advance, subject to the provisions of this Section 5.01.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar2), Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar2)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant (a) Subject to the Subservicing Agreement toconditions of this Article IV, the Servicer, as required below, shall make an Advance and deposit such Advance in the Protected Collection Account. Each such Advance shall be remitted to the Distribution Collection Account no later than 1:00 3:00 p.m. Eastern time on the Distribution Account Deposit Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the NIMs Insurer, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject The Servicer may, in its sole discretion, make an Advance with respect to the Master principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's recoverability determination, in obligation under this Section 4.01 to advance the event that interest portion of the final Scheduled Payment with respect to a subservicer fails to make Balloon Loan as if such Balloon Loan were a required Advancefully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Master Servicer shall be required Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to remit the amount of such Advance to the Distribution Accountzero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) the date such Mortgage Loan is paid in full or full, (ii) the date the related Mortgaged Property (or stock allocated to a dwelling unit, in the case of a Co-op Loan) or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.014.01, or (iii) the date on which such Mortgage Loan becomes 150 days delinquent as set forth below. (b) Notwithstanding anything in this Agreement to the contrary (including, but not limited to, Sections 3.01 and 4.01(a) hereof), no Advance or Servicing Advance shall be required to be made hereunder by the Servicer if such Advance or Servicing Advance would, if made, constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance. Subject to and in accordance with The determination by the provisions of Article VIII hereof, in the event the Master Servicer fails to make such that it has made a Non-Recoverable Advance or a Non-Recoverable Servicing Advance or that any proposed Advance or Servicing Advance, then the Trusteeif made, as Successor Master Servicerwould constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance, respectively, shall be obligated evidenced by an Officer's Certificate of the Servicer delivered to the Depositor and the Trustee. In addition, the Servicer shall not be required to advance any Relief Act Shortfalls. (c) Notwithstanding the foregoing, the Servicer shall not be required to make any Advances for any Mortgage Loan after such AdvanceMortgage Loan becomes 150 days delinquent. The Servicer shall identify such delinquent Mortgage Loans in the Servicer Statement referenced in Section 3.24. In addition, subject to the provisions of this Section 5.01Servicer shall provide the Trustee with an Officer's Certificate listing such delinquent Mortgage Loans and certifying that such loans are 150 days or more delinquent.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2005-Sd1), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2005-He1)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant Subject to the Subservicing Agreement toconditions of this Article IV, the Servicer, as required below, shall make an Advance and deposit such Advance in the Protected Collection Account. Each such Advance shall be remitted to the Distribution Collection Account no later than 1:00 2:00 p.m. Eastern New York City time on the Distribution Account Deposit Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject The Servicer may, in its sole discretion, make an Advance with respect to the Master principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's recoverability determination, in obligation under this Section 4.01 to Advance the event that interest portion of the final Scheduled Payment with respect to a subservicer fails to make Balloon Loan as if such Balloon Loan were a required Advancefully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan for a first lien Mortgage when due, the Master Servicer shall be required Advance (unless it determines in its good faith judgment that such amounts would constitute a Non Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to remit the amount of such Advance to the Distribution Accountzero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.014.01.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Specialty Underwriting & Residential Finance Trust, Series 2005-Bc4), Pooling and Servicing Agreement (Specialty Underwriting & Residential Finance Trust Series 2005-Bc3)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance (other than any balloon payments) and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. 10:00 a.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer's ’s recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, or any other Successor Master Servicer appointed hereunder, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Sl2), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Sl1)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Distribution Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant (i) Subject to the Subservicing Agreement to, make prior satisfaction of all other applicable conditions to the making of an Advance and deposit such Advance set forth in the Protected Account. Each such this Agreement, an Advance shall be remitted made upon Borrower’s irrevocable written notice delivered to Bank by electronic mail in the Distribution Account no later than 1:00 form of a Notice of Borrowing executed by an Authorized Signer or without instructions if any Advances is necessary to meet Obligations which have become due. Such Notice of Borrowing must be received by Bank prior to 12:00 p.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable AdvancePacific time, the Master Servicer shall deliver (i) at least three (3) Business Days prior to the Trustee for requested Funding Date, in the benefit case of the Certificateholders funds constituting the remaining portion of such any LIBOR Advance, if applicable, and (ii) to on the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determinationrequested Funding Date, in the event that case of a subservicer fails to make a required Prime Rate Advance, the Master Servicer shall be required to remit specifying: (1) the amount of the Advance; (2) the Currency in which such Advance shall be denominated; (3) the requested Funding Date; (4) whether the Advance is to be comprised of LIBOR Advances or Prime Rate Advances; and (5) the duration of the Interest Period applicable to any such LIBOR Advances included in such notice; provided that if the Notice of Borrowing shall fail to specify the duration of the Interest Period for any Advance comprised of LIBOR Advances, such Interest Period shall be one (1) month. In addition to such Notice of Borrowing, Borrower must promptly deliver to Bank by electronic mail a completed Transaction Report executed by an Authorized Signer together with such other reports and information, including without limitation, sales journals, cash receipts journals, accounts receivable aging reports, as Bank may request in its sole discretion. (ii) On the Funding Date, Bank shall credit proceeds of an Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Designated Deposit Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit denominated in the Distribution Account, no later than same Currency as the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation to make Advances Currency requested with respect to any Mortgage Loan the Advance and, subsequently, shall continue until transfer such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant proceeds by wire transfer to any applicable provision of this Agreement, except such other account as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, Borrower may instruct in the event the Master Servicer fails Notice of Borrowing. No Advances shall be deemed made to make Borrower, and no interest shall accrue on any such Advance, then until the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to related funds have been deposited in the provisions of this Section 5.01applicable Designated Deposit Account.

Appears in 2 contracts

Sources: Loan and Security Agreement (Marin Software Inc), Loan and Security Agreement (Marin Software Inc)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance (other than any balloon payments) and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. 10:00 a.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I LLC Trust 2006-Ec2), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He2)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant (a) Subject to the Subservicing Agreement toconditions of this Article IV, the Servicer, as required below, shall make an Advance and deposit such Advance in the Protected Collection Account. Each such Advance shall be remitted to the Distribution Collection Account no later than 1:00 p.m. Eastern time Time on the Distribution Account Deposit Servicer Remittance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the NIMs Insurer, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject The Servicer may, in its sole discretion, make an Advance with respect to the Master principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's recoverability determination, in obligation under this Section 4.01 to advance the event that interest portion of the final Scheduled Payment with respect to a subservicer fails to make Balloon Loan as if such Balloon Loan were a required Advancefully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Master Servicer shall be required Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to remit the amount of such Advance to the Distribution Accountzero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Collection Account to the Distribution Certificate Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Remittance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) the date such Mortgage Loan is paid in full or (ii) the date the related Mortgaged Property (or stock allocated to a dwelling unit, in the case of Co-op Loan) or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.014.01. (b) Notwithstanding anything in this Agreement to the contrary (including, but not limited to, Sections 3.01 and 4.01(a) hereof), no Advance or Servicing Advance shall be required to be made hereunder by the Servicer if such Advance or Servicing Advance would, if made, constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance. Subject to and in accordance with The determination by the provisions of Article VIII hereof, in the event the Master Servicer fails to make such that it has made a Non-Recoverable Advance or a Non-Recoverable Servicing Advance or that any proposed Advance or Servicing Advance, then the Trusteeif made, as Successor Master Servicerwould constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance, respectively, shall be obligated to make such Advance, subject evidenced by an Officer's Certificate of the Servicer delivered to the provisions of this Section 5.01Depositor and the Trustee. In addition, the Servicer shall not be required to advance any Relief Act Shortfalls.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2004-Wmc5)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant (a) Subject to the Subservicing Agreement toconditions of this Article IV, the Servicer, as required below, shall make an Advance and deposit such Advance in the Protected Collection Account. Each such Advance shall be remitted to the Distribution Collection Account no later than 1:00 4:00 p.m. Eastern time time, on the Distribution Account Deposit Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee Master Servicer for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee Master Servicer an Officer's Certificate setting forth the basis for such determination. Subject The Servicer may, in its sole discretion, make an Advance with respect to the Master principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's recoverability determinationobligation under this Section 4.01 to Advance the interest portion of the final Scheduled Payment with respect to a Balloon Loan based on the Minimum Payment. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Servicer shall advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance (as defined in the event that a subservicer fails Pooling and Servicing Agreement) thereof each month until its Stated Principal Balance (as defined in the Pooling and Servicing Agreement) is reduced to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Accountzero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Collection Account to the Distribution Master Servicer Collection Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) such Mortgage Loan is paid in full or full, (ii) the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund Master Servicer, the Securities Administrator or the Issuing Entity pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and 4.01, (iii) the Servicer determines in accordance with the provisions of Article VIII hereof, its good faith judgment that such amounts would constitute a Non-Recoverable Advance as provided in the event preceding paragraph or (iv) the date on which such Mortgage Loan becomes 150 days delinquent as set forth below. (b) Notwithstanding anything in this Agreement to the contrary (including, but not limited to, Sections 3.01 and 4.01(a) hereof), no Advance or Servicing Advance shall be required to be made hereunder by the Servicer if such Advance or Servicing Advance would, if made, constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance. The determination by the Servicer that it has made a Non-Recoverable Advance or a Non-Recoverable Servicing Advance or that any proposed Advance or Servicing Advance, if made, would constitute a Non-Recoverable Advance or a Non- (c) Notwithstanding the foregoing, the Servicer shall not be required to make any Advances for any Mortgage Loan after such Mortgage Loan becomes 150 days delinquent. The Servicer shall identify such delinquent Mortgage Loans in the Servicer Statement referenced in Section 3.18. In addition, the Servicer shall provide the Master Servicer fails to make with an Officer's Certificate listing such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make delinquent Mortgage Loans and certifying that such Advance, subject to the provisions of this Section 5.01loans are 150 days or more delinquent.

Appears in 1 contract

Sources: Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-A1)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance with respect to a Mortgage Loan and deposit remit such Advance to the Trustee for deposit in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Remittance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Amounts Held for Future Distributions Distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.025.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.016.01. Subject to and in accordance with the provisions of Article VIII IX hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, or any other Successor Master Servicer appointed hereunder, shall be obligated to make such Advance, subject to the provisions of this Section 5.016.01, in accordance with and subject to the terms of this Agreement (including its rights of reimbursement hereunder).

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Ac1)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant (a) Subject to the Subservicing Agreement toconditions of this Article IV, the Servicer, as required below, shall make an Advance and deposit such Advance in the Protected Collection Account. Each such Advance shall be remitted to the Distribution Collection Account no later than 1:00 p.m. Eastern time Time on the Distribution Account Deposit Servicer Remittance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the NIMs Insurer, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject The Servicer may, in its sole discretion, make an Advance with respect to the Master principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's recoverability determination, in obligation under this Section 4.01 to advance the event that interest portion of the final Scheduled Payment with respect to a subservicer fails to make Balloon Loan as if such Balloon Loan were a required Advancefully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Master Servicer shall be required Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to remit the amount of such Advance to the Distribution Accountzero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held for Future Distributions Distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Collection Account to the Distribution Certificate Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Remittance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property (or stock allocated to a dwelling unit, in the case of Co-op Loan) or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.014.01. (b) Notwithstanding anything in this Agreement to the contrary (including, but not limited to, Sections 3.01 and 4.01(a) hereof), no Advance or Servicing Advance shall be required to be made hereunder by the Servicer if such Advance or Servicing Advance would, if made, constitute a Non-recoverable Advance or a Non-recoverable Servicing Advance. Subject to and in accordance with The determination by the provisions of Article VIII hereof, in the event the Master Servicer fails to make such that it has made a Non-recoverable Advance or a Non-recoverable Servicing Advance or that any proposed Advance or Servicing Advance, then the Trusteeif made, as Successor Master Servicerwould constitute a Non-recoverable Advance or a Non-recoverable Servicing Advance, respectively, shall be obligated to make such Advance, subject evidenced by an Officer's Certificate of the Servicer delivered to the provisions of this Section 5.01Depositor and the Trustee. In addition, the Servicer shall not be required to advance any Relief Act Shortfalls.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Asset Back Certs Ser 2004-Wmc2)

Advances. (a) The Master Servicer shall, or Company shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance with respect to any EMC Group I Loan and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Master Servicer Collection Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Remittance Date in immediately available funds. The Master Servicer Company shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer Company shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company shall deliver (i) to the Trustee Securities Administrator for the benefit of the Group I Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the related Distribution Account, no later than the close of business on the Business Day Remittance Date immediately preceding the related Distribution Account Deposit Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer Company shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.025.02. The obligation to make Advances with respect to any Mortgage EMC Group I Loan shall continue until such Mortgage EMC Group I Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.016.01. (b) If the Scheduled Payment on an EMC Group I Loan that was due on a related Due Date and is delinquent other than as a result of application of the Relief Act and for which the Company was required to make an Advance pursuant to this Agreement or the Servicing Agreement exceeds the amount deposited in the related Master Servicer Collection Account which will be used for an Advance with respect to such EMC Group I Loan, the Master Servicer will deposit in the related Master Servicer Collection Account not later than the Distribution Account Deposit Date immediately preceding the related Distribution Date an amount equal to such deficiency, net of the Master Servicing Fee and the Servicing Fee for such EMC Group I Loan except to the extent the Master Servicer determines any such Advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on the EMC Group I Loan for which such Advance was made. Subject to the foregoing, the Master Servicer shall continue to make such Advances through the date that the Company is required to do so under this Agreement. If applicable, on the Distribution Account Deposit Date, the Master Servicer shall present an Officer’s Certificate to the Securities Administrator and the Trustee (i) stating that the Master Servicer elects not to make an Advance in a stated amount and (ii) detailing the reason it deems the advance to be nonrecoverable. Subject to and in accordance with the provisions of Article VIII IX hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.016.01.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Saco I Trust 2005-5)

Advances. The Master Servicer shallExcept with respect to any Simple Interest Loans, for which no Advances of principal are required to be made, if the Scheduled Payment on a Mortgage Loan, that was due on a related Due Date and is delinquent other than as a result of application of the Relief Act or shall cause similar state laws and for which the related subservicer Servicer was required to make an Advance pursuant to the Subservicing related Servicing Agreement toexceeds the amount deposited in the Master Servicer Collection Account for use as an Advance with respect to such Mortgage Loan, the Master Servicer will make an Advance and in an amount equal to such deficiency for deposit such Advance in into the Protected Master Servicer Collection Account or the Distribution Account, as applicable. Each such Advance shall be remitted to the Master Servicer Collection Account or the Distribution Account Account, as appropriate, no later than 1:00 p.m. Eastern Central time on the Distribution Account Deposit Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Master Servicer Collection Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Master Servicer Collection Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Master Servicer Collection Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Master Servicer Collection Account or the Distribution Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.024.05. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event of a failure by the Master Servicer to make an Advance pursuant to this Section 5.01, then the EMC Servicer, as Successor Master Servicer, shall be obligated to make such Advance, and if the EMC Servicer, as Successor Master Servicer, fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bearn Stearns Asset Backed Securities Trust 2004-Sd4)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant (a) Subject to the Subservicing Agreement toconditions of this Article IV, the Servicer, as required below, shall make an Advance and deposit such Advance in the Protected Collection Account. Each such Advance shall be remitted to the Distribution Collection Account no later than 1:00 4:00 p.m. Eastern time on the Distribution Account Deposit Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the NIMs Insurer, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject The Servicer may, in its sole discretion, make an Advance with respect to the Master principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's recoverability determination, in obligation under this Section 4.01 to Advance the event that interest portion of the final Scheduled Payment with respect to a subservicer fails to make Balloon Loan as if such Balloon Loan were a required Advancefully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Master Servicer shall be required Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to remit the amount of such Advance to the Distribution Accountzero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) such Mortgage Loan is paid in full or full, (ii) the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and 4.01, (iii) the Servicer determines in accordance with the provisions of Article VIII hereof, its good faith judgment that such amounts would constitute a Non-Recoverable Advance as provided in the event preceding paragraph or (iv) the Master date on which such Mortgage Loan becomes 150 days delinquent as set forth below. (b) Notwithstanding anything in this Agreement to the contrary (including, but not limited to, Sections 3.01 and 4.01(a) hereof), no Advance or Servicing Advance shall be required to be made hereunder by the Servicer fails to make if such Advance or Servicing Advance would, if made, constitute a Non- Recoverable Advance or a Non-Recoverable Servicing Advance. The determination by the Servicer that it has made a Non-Recoverable Advance or a Non-Recoverable Servicing Advance or that any proposed Advance or Servicing Advance, then the Trusteeif made, as Successor Master Servicerwould constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance, respectively, shall be obligated evidenced by an Officer's Certificate of the Servicer delivered to the Depositor and the Trustee. In addition, the Servicer shall not be required to advance any Relief Act Shortfalls. (c) Notwithstanding the foregoing, the Servicer shall not be required to make any Advances for any Mortgage Loan after such AdvanceMortgage Loan becomes 150 days delinquent. The Servicer shall identify such delinquent Mortgage Loans in the Servicer Statement referenced in Section 3.24. In addition, subject to the provisions of this Section 5.01Servicer shall provide the Trustee with an Officer's Certificate listing such delinquent Mortgage Loans and certifying that such loans are 150 days or more delinquent.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2005-Wmc2)

Advances. The Except with respect to any Simple Interest Loans or Balloon Loan payments, for which no Advances of principal are required to be made, if the Scheduled Payment on a Mortgage Loan, that was due on a related Due Date and is delinquent other than as a result of application of the Relief Act or similar state laws exceeds the amount deposited in the Master Servicing Collection Account for use as an Advance with respect to such Mortgage Loan, the Master Servicer shallor the Trustee, or shall cause the related subservicer pursuant to the Subservicing Agreement toas applicable, will make an Advance in an amount equal to such deficiency and deposit such Advance in the Protected Master Servicer Collection Account or the Distribution Account, in the event of an Advance by the Trustee. Each such Advance shall be remitted to the Master Servicer Collection Account or the Distribution Account Account, in the event of an Advance by the Trustee no later than 1:00 p.m. Eastern Central time on the Distribution Account Deposit Master Servicer Advance Date in immediately available funds. The Master Servicer or the Trustee, as applicable, shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer or the Trustee, as applicable, shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer or the Trustee, as applicable, may (i) cause to be made an appropriate entry in its records relating to the Protected Master Servicer Collection Account or the Distribution Account that any Amount Held for Future Distributions has been used by the Master Servicer or the Trustee, as applicable, in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Master Servicer Collection Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, Master Servicer Collection Account no later than the close of business on the Business Day immediately Distribution Account Deposit Date preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer or the Trustee, as applicable, shall be entitled to be reimbursed from the Protected Master Servicer Collection Account or the Distribution Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.024.03. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event of a failure by the Master Servicer fails to make such Advancean Advance required pursuant to this Section 5.01, then the Trustee, as Successor Master Servicer, Trustee shall be obligated to make such Advance on such Distribution Date. The Trustee shall be permitted to conclusively rely upon any determination made by the Master Servicer that any portion of an Advance is a Nonrecoverable Advance, subject to the provisions of this Section 5.01.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2004-2)

Advances. (a) The Master Servicer shall, or Company shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance with respect to any EMC Mortgage Loan and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Master Servicer Collection Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Remittance Date in immediately available funds. The Master Servicer shall cause the related Servicer to remit any such Advance required pursuant to the terms of the related Servicing Agreement. The Company or the related Servicer, as applicable, shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Company or the related Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company or the related Servicer, as the case may be, shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Amounts Held for Future Distributions Distribution has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Distribution Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer Company shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.025.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.016.01. (b) If the Scheduled Payment on a Mortgage Loan that was due on a related Due Date and is delinquent other than as a result of application of the Relief Act and for which the Company or the related Servicer was required to make an Advance pursuant to this Agreement or the related Servicing Agreement exceeds the amount deposited in the Master Servicer Collection Account which will be used for an Advance with respect to such Mortgage Loan, the Master Servicer will deposit in the Master Servicer Collection Account not later than the Distribution Account Deposit Date immediately preceding the related Distribution Date an amount equal to such deficiency, net of the Servicing Fee for such Mortgage Loan except to the extent the Master Servicer determines any such Advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on the Mortgage Loan for which such Advance was made. Subject to the foregoing, the Master Servicer shall continue to make such Advances through the date that the Company or the related Servicer is required to do -91- so under this Agreement or the related Servicing Agreement, as applicable. If applicable, on the Distribution Account Deposit Date, the Master Servicer shall present an Officer's Certificate to the Trustee (i) stating that the Master Servicer elects not to make an Advance in a stated amount and (ii) detailing the reason it deems the advance to be nonrecoverable. Subject to and in accordance with the provisions of Article VIII IX hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.016.01.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Asset-Backed Certificates Series 2003-Ac5)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant (a) Subject to the Subservicing Agreement toconditions of this Article IV, the Servicer, as required below, shall make an Advance and deposit such Advance in the Protected Collection Account. Each The Servicer shall use commercially reasonable efforts to remit each such Advance shall be remitted to the Distribution Account no later than 1:00 2:30 p.m. Eastern time time, but in any case no later than 4:00 p.m. Eastern time, on the Distribution Account Deposit Servicer Remittance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject The Servicer may, in its sole discretion, make an Advance with respect to the Master principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's recoverability determination, in obligation under this Section 4.01 to Advance the event that interest portion of the final Scheduled Payment with respect to a subservicer fails to make Balloon Loan as if such Balloon Loan were a required Advancefully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Master Servicer shall be required Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to remit the amount of such Advance to the Distribution Accountzero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Remittance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) such Mortgage Loan is paid in full or full, (ii) the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund Issuing Entity pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and 4.01, (iii) the Servicer determines in accordance with the provisions of Article VIII hereof, its good faith judgment that such amounts would constitute a Non-Recoverable Advance as provided in the event preceding paragraph or (iv) the Master date on which such Mortgage Loan becomes 150 days delinquent as set forth below. (b) Notwithstanding anything in this Agreement to the contrary (including, but not limited to, Sections 3.01 and 4.01(a) hereof), no Advance or Servicing Advance shall be required to be made hereunder by the Servicer fails to make (including for the avoidance of doubt, the Trustee as successor servicer) if such Advance or Servicing Advance would, if made, constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance. The determination by the Servicer that it has made a Non-Recoverable Advance or a Non-Recoverable Servicing Advance or that any proposed Advance or Servicing Advance, then the Trusteeif made, as Successor Master Servicerwould constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance, respectively, shall be obligated evidenced by an Officer's Certificate of the Servicer delivered to the Depositor and the Trustee. In addition, the Servicer shall not be required to advance any Relief Act Shortfalls. (c) Notwithstanding the foregoing, the Servicer shall not be required to make any Advances for any Mortgage Loan after such AdvanceMortgage Loan becomes 150 days delinquent. The Servicer shall identify such delinquent Mortgage Loans in the Servicer Statement referenced in Section 3.24. In -109- addition, subject to the provisions of this Section 5.01Servicer shall provide the Trustee with an Officer's Certificate listing such delinquent Mortgage Loans and certifying that such loans are 150 days or more delinquent.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-Rm5)

Advances. The Master Servicer shallExcept with respect to Simple Interest Loans, for which no Advances of principal are required to be made, if the Scheduled Payment on a Mortgage Loan, that was due on a related Due Date and is delinquent other than as a result of application of the Relief Act or shall cause similar state laws and for which the related subservicer Servicer was required to make an Advance pursuant to the Subservicing related Servicing Agreement toexceeds the amount deposited in the Master Servicer Collection Account for use as an Advance with respect to such Mortgage Loan, the Master Servicer will make an Advance and in an amount equal to such deficiency for deposit such Advance in into the Protected Master Servicer Collection Account or the Distribution Account, as applicable. Each such Advance shall be remitted to the Master Servicer Collection Account or the Distribution Account Account, as appropriate, no later than 1:00 p.m. Eastern Central time on the Distribution Account Deposit Master Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Master Servicer Collection Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Master Servicer Collection Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Master Servicer Collection Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Master Servicer Collection Account or the Distribution Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.024.05. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event of a failure by the Master Servicer to make an Advance pursuant to this Section 5.01, then the EMC Servicer, as Successor Master Servicer, shall be obligated to make such Advance, and if the EMC Servicer, as Successor Master Servicer, fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

Advances. The If any Monthly Payment on a Mortgage Loan (other than Balloon Payments) that was due on the immediately preceding Due Date and delinquent on the Determination Date is delinquent other than as a result of application of the Relief Act, the Master Servicer shall, or shall cause will deposit in the Collection Account not later than the third Business Day immediately preceding the related subservicer pursuant Payment Date an amount equal to such Monthly Payment net of the related Servicing Fee and Radian PMI Policy Fee for such Mortgage Loan, except to the Subservicing Agreement toextent the Master Servicer or the related Subservicer determines any such advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on any Mortgage Loan. Subject to the foregoing and in the absence of such a determination, the Master Servicer shall continue to make such advances through the date that the related Mortgaged Property has, in the judgment of the Master Servicer, been completely liquidated. No later than the fourth Business Day preceding each Payment Date, the Master Servicer shall present an Officer's Certificate to the Indenture Trustee with respect to the Mortgage Loans, (i) stating that the Master Servicer elects not to make an Advance in a stated amount and deposit such Advance in (ii) detailing the Protected Account. Each such Advance shall be remitted reason it deems the advance to the Distribution Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the The Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, will include in the event that Remittance Report a subservicer fails to list of each Mortgage Loan for which it does not make a required Advance, the Master Servicer shall be required to remit the amount of such an Advance to the Distribution Accountin accordance with this Section. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Such Advances may (i) cause to be made an appropriate entry in its records relating to whole or in part from funds in the Protected Collection Account that any Amount Held being held for Future Distributions has been used by the Master Servicer future distribution or withdrawal on or in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Accountconnection with Payment Dates in subsequent months. Any funds being held for future distribution to Securityholders and so applied and transferred used shall be replaced by the Master Servicer from its own funds by deposit in the Distribution AccountCollection Account on or before the fourth Business Day preceding any Payment Date to the extent that funds in the Collection Account with respect to such Payment Date shall be less than payments to Securityholders required to be made on such date. In the event that the Master Servicer determines that, no with respect to any Payment Date, it will be unable to deposit in the Collection Account an amount equal to the Advance required to be made not later than the close of business on the third Business Day immediately preceding the Distribution related Payment Date on which such funds are required to be distributed pursuant to this Agreement. The in the amount determined by the Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation 4.04, it shall give notice to make Advances with respect the Indenture Trustee of its inability to any Mortgage Loan shall continue until Advance (such Mortgage Loan is paid in full or notice may be given by telecopy), not later than 4:00 PM, New York time, on the third Business Day immediately preceding the related Mortgaged Property Payment Date, specifying the portion of such amount that it will be unable to deposit. Not later than 12:00 PM, New York time, on the related Payment Date, unless by such time the Master Servicer shall have directly or indirectly deposited in the Payment Account the entire amount of the Advances required to be made for the related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund Payment Date, pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to 4.04, the Indenture Trustee shall (a) terminate all of the rights and obligations of the Master Servicer under this Servicing Agreement in accordance with Section 6.01 and (b) assume the provisions rights and obligations of Article VIII hereof, in the event the Master Servicer fails hereunder, including the obligation to make such Advance, then deposit in the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject Payment Account an amount equal to the provisions of this Section 5.01Advance for the Payment Date.

Appears in 1 contract

Sources: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2003-9f)

Advances. (a) The Master Servicer shall, or Company shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance with respect to any EMC Mortgage Loan and deposit remit such Advance to the Securities Administrator for deposit in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Remittance Date in immediately available funds. The Master Servicer shall cause the related Servicer to remit any such Advance required pursuant to the terms of the related Servicing Agreement. The Company or the related Servicer, as applicable, shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Company or the related Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company or the related Servicer, as the case may be, shall deliver (i) to the Trustee Securities Administrator for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency Agency, the Insurer and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer Servicer (other than Wells Fargo) fails t▇ ▇▇▇e a required Advance, the Master Servicer, as successor servicer, shall be required to remit the amount of such Advance to the Distribution Account. In the event that Wells Fargo as Servi▇▇▇ ▇r the Master Servicer fails to make a required Advance, the Master Servicer Trustee, as successor servicer or successor master servicer, as applicable, shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Amounts Held for Future Distributions Distribution has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Distribution Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer Company shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.025.02. The obligation to make Advances with respect to any EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.016.01. (b) If the Scheduled Payment on a Mortgage Loan that was due on a related Due Date and is delinquent other than as a result of application of the Relief Act and for which the Company or the related Servicer was required to make an Advance pursuant to this Agreement or the related Servicing Agreement exceeds the related Servicing Fee with respect to such Mortgage Loan, the Master Servicer will remit to the Securities Administrator, who in turn will deposit in the Distribution Account not later than the Business Date prior to the Distribution Date an amount equal to such deficiency, net of the Servicing Fee for such Mortgage Loan except to the extent the Master Servicer determines any such Advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on the Mortgage Loan for which such Advance was made. Subject to the foregoing, the Master Servicer shall continue to make such Advances through the date that the Company or the related Servicer is required to do so under this Agreement or the related Servicing Agreement, as applicable. If applicable, on the related Remittance Date, the Master Servicer shall present an Officer's Certificate to the Trustee (i) stating that the Master Servicer elects not to make an Advance in a stated amount and (ii) detailing the reason it deems the advance to be nonrecoverable. Subject to and in accordance with the provisions of Article VIII IX hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.016.01.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Ac2)

Advances. The If each Servicer fails to remit any Advance required to be made under its related Servicing Agreement, the Master Servicer shallsolely in its capacity as successor servicer shall itself make, or shall cause the related subservicer pursuant successor servicer to the Subservicing Agreement tomake, make an Advance and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer solely in its capacity as successor servicer determines that an Advance is required, it shall have determined on the Business Day preceding the related Distribution Date immediately following such Determination Date remit from its own funds (or funds advanced by the successor servicer) for deposit in the Master Servicer Collection Account immediately available funds in an amount equal to such Advance. If the Master Servicer fails to remit any Advance required to be made under this Agreement, the Trustee solely in its capacity as successor master servicer shall itself make, subject to applicable law, or shall cause the successor servicer to make, such Advance. If the Trustee solely in its capacity as successor master servicer determines that an Advance is required, it has made a Nonrecoverable Advance shall on the Business Day preceding the related Distribution Date immediately following such Determination Date remit from its own funds (or that a proposed Advance or a lesser portion funds advanced by the successor servicer) for deposit in the Distribution Account immediately available funds in an amount equal to such Advance. Each of such Advance would constitute a Nonrecoverable Advancethe Servicers, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of made by it under its own funds made pursuant to this Section as provided in Section 4.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full related Servicing Agreement or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01respectively. Subject Notwithstanding anything to and in accordance with the provisions of Article VIII hereofcontrary herein, in the event the Master Servicer fails or Trustee (or successor servicer) determines in its reasonable judgment that an Advance is Nonrecoverable, the Master Servicer or Trustee (or successor servicer) shall be under no obligation to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series MLCC 2006-3)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant (a) Subject to the Subservicing Agreement toconditions of this Article IV, the Servicer, as required below, shall make an Advance and deposit such Advance in the Protected Collection Account. Each The Servicer shall use commercially reasonable efforts to remit each such Advance shall be remitted to the Distribution Account no later than 1:00 2:30 p.m. Eastern time time, but in any case no later than 4:00 p.m. Eastern time, on the Distribution Account Deposit Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders Certificateholders, funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject The Servicer may, in its sole discretion, make an Advance with respect to the Master principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's recoverability determination, in obligation under this Section 4.01 to Advance the event that interest portion of the final Scheduled Payment with respect to a subservicer fails to make Balloon Loan as if such Balloon Loan were a required Advancefully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Master Servicer shall be required Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to remit the amount of such Advance to the Distribution Accountzero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until the earlier of (i) such Mortgage Loan is paid in full or full, (ii) the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and 4.01, (iii) the Servicer determines in accordance with the provisions of Article VIII hereof, its good faith judgment that such amounts would constitute a Non-Recoverable Advance as provided in the event preceding paragraph or (iv) the Master date on which such Mortgage Loan becomes 150 days delinquent as set forth below. (b) Notwithstanding anything in this Agreement to the contrary (including, but not limited to, Sections 3.01 and 4.01(a) hereof), no Advance or Servicing Advance shall be required to be made hereunder by the Servicer fails to make (including for the avoidance of doubt, the Trustee as successor servicer) if such Advance or Servicing Advance would, if made, constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance. The determination by the Servicer that it has made a Non-Recoverable Advance or a Non-Recoverable Servicing Advance or that any proposed Advance or Servicing Advance, then the Trusteeif made, as Successor Master Servicerwould constitute a Non-Recoverable Advance or a Non-Recoverable Servicing Advance, respectively, shall be obligated evidenced by an Officer's Certificate of the Servicer delivered to the Depositor and the Trustee. In addition, the Servicer shall not be required to advance any Relief Act Shortfalls. (c) Notwithstanding the foregoing, the Servicer shall not be required to make any Advances for any Mortgage Loan after such AdvanceMortgage Loan becomes 150 days delinquent. The Servicer shall identify such delinquent Mortgage Loans in the Servicer Statement referenced in Section 3.24. In addition, subject to the provisions of this Section 5.01Servicer shall provide the Trustee with an Officer's Certificate listing such delinquent Mortgage Loans and certifying that such loans are 150 days or more delinquent.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Advances. The Master Servicer shallIf the Monthly Payment on a Loan or a portion thereof is delinquent as of its Due Date, other than as a result of interest shortfalls due to bankruptcy proceedings or shall cause application of the Relief Act, and the related subservicer Servicer fails to make a Monthly Advance pursuant to the Subservicing Agreement torelated Servicing Agreement, make an Advance and the Master Servicer shall deposit such Advance in the Protected Distribution Account. Each such Advance shall be remitted to , from its own funds or from amounts on deposit in the Distribution Account no that are held for future distribution, not later than 1:00 p.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The preceding the related Distribution Date an amount equal to such delinquency, net of the Servicing Fee and Master Servicing Fee for such Loan except to the extent the Master Servicer shall be obligated to make determines any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer Any amounts held for future distribution and so used shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to be appropriately reflected in the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its ’s records relating to the Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, no later Account on or before any future Distribution Account Deposit Date to the extent that the Available Distribution Amount for the related Distribution Date (determined without regard to Advances to be made on the Distribution Account Deposit Date) shall be less than the close total amount that would be distributed to the Classes of business Certificateholders pursuant to Section 4.1 on the Business Day immediately preceding the such Distribution Date on which if such funds are required amounts held for future distributions had not been so used to be distributed pursuant make Advances. Subject to this Agreement. The the foregoing, the Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation continue to make such Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or through the date that the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant Servicer is required to any applicable provision of this do so under its Servicing Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in In the event the Master Servicer fails elects not to make an Advance because the Master Servicer deems such AdvanceAdvance to be a Nonrecoverable Advance pursuant to this Section 4.4, then on the TrusteeDistribution Account Deposit Date, as Successor the Master Servicer, Servicer shall be obligated present an Officer’s Certificate to the Trustee and the Certificate Insurer (i) stating that the Master Servicer elects not to make such an Advance in a stated amount and (ii) detailing the reason it deems the Advance to be a Nonrecoverable Advance, subject to the provisions of this Section 5.01.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-Ab1)

Advances. The Master Servicer shall, shall determine on or shall cause the related subservicer before each Determination Date whether it is required to make a Periodic Advance pursuant to the Subservicing Agreement to, make an Advance and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advancedefinition thereof. If the Master Servicer shall have determined that determines it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails is required to make a required Periodic Advance, it shall, on or before the Master Remittance Date, either (a) deposit into the Servicer shall be required to remit the Custodial Account an amount of such Advance equal to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may and/or (ib) cause to be made make an appropriate entry in its records relating to the Protected Servicer Custodial Account that any portion of the Amount Held for Future Distributions Distribution in the Servicer Custodial Account has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution AccountPeriodic Advance. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, Servicer Custodial Account no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreementnext Remittance Date. The Master Servicer shall be entitled to be reimbursed from the Protected Servicer Custodial Account for all Advances of its own funds made pursuant to this Section 3.19 as provided in Section 4.023.11. The obligation to make Periodic Advances with respect to any Mortgage Loan shall continue until the ultimate disposition of the REO Property or Mortgaged Property relating to such Mortgage Loan is paid in full or Loan. The Servicer shall deliver to the Securities Administrator on the related Mortgaged Property or related REO Property has been liquidated or until Remittance Date an Officer's Certificate of a Servicing Officer indicating the purchase or repurchase thereof (or substitution therefor) from amount of any proposed Periodic Advance determined by the Trust Fund pursuant Servicer to any applicable provision of this Agreementbe a Nonrecoverable Advance. Notwithstanding anything to the contrary, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails shall not be required to make such any Periodic Advance or Servicing Advance that would be a Nonrecoverable Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Banc of America Funding 2006-F Trust)

Advances. (a) The Master Servicer shall, or Company shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance with respect to any EMC Mortgage Loan and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Master Servicer Collection Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Remittance Date in immediately available funds. The Master Servicer Company or the related Servicer, as applicable, shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Company or the related Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company or the related Servicer, as the case may be, shall deliver (i) to the Trustee Securities Administrator for the benefit of the Certificateholders and the Insurer funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency Agency, the Insurer and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Amounts Held for Future Distributions Distribution has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Distribution Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Account Deposit Date on which such funds are required to be distributed pursuant to this Agreement. Each Servicer will discontinue such Advances with respect to any Mortgage Loan that becomes 90 days Delinquent; provided, however, if a Servicer reasonably determines that a significant net recovery is possible through foreclosure proceedings or other liquidation of the related Mortgaged Property on a Mortgage Loan that becomes 90 days delinquent, such Servicer may continue making advances on such Mortgage Loan. Subject to Section 3.12, a Servicer must effectuate foreclosure or other conversion of the ownership of the Mortgaged Property securing any Mortgage Loan at such time that the Mortgage Loan becomes 180 days Delinquent. Once a Servicer has commenced such proceedings, such Servicer will not be entitled to any additional Servicing Fee for such Mortgage Loan, except to the extent of any unreimbursed Servicing Fees and expenses which will be reimbursable from any Liquidation Proceeds. The Master Servicer Company shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.025.02; provided, however, such reimbursement shall be limited to funds received from Mortgage Loans in the related Loan Group for which such Advance was made. The obligation to make Advances with respect to any EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.016.01. (b) If the Scheduled Payment on a Mortgage Loan that was due on a related Due Date and is delinquent other than as a result of application of the Relief Act and for which the Company or the related Servicer was required to make an Advance pursuant to this Agreement or the related Servicing Agreement exceeds the amount deposited in the Master Servicer Collection Account which shall be used for an Advance with respect to such Mortgage Loan, the Master Servicer will deposit in the Master Servicer Collection Account not later than the Distribution Account Deposit Date immediately preceding the related Distribution Date an amount equal to such deficiency, net of the Master Servicing Fee and the Servicing Fee for such Mortgage Loan except to the extent the Master Servicer determines any such Advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on the Mortgage Loan for which such Advance was made. Subject to the foregoing, the Master Servicer shall continue to make such Advances through the date that the Company or the related Servicer is required to do so under this Agreement or the related Servicing Agreement, as applicable. If applicable, on the Distribution Account Deposit Date, the Master Servicer shall present an Officer’s Certificate to the Trustee (i) stating that the Master Servicer elects not to make an Advance in a stated amount and (ii) detailing the reason it deems the advance to be nonrecoverable. The Master Servicer may rely on any non-recoverability determination of the Company or any Servicer. Subject to and in accordance with the provisions of Article VIII IX hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.016.01.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (SACO I Trust 2006-2)

Advances. The Master Servicer shallSubject to the conditions of this Article IV, or shall cause beginning on the related subservicer pursuant to Servicing Transfer Date, the Subservicing Agreement toServicer, as required below, shall make an Advance and deposit such Advance in the Protected Collection Account. Each such Advance shall be remitted to the Distribution Collection Account no later than 1:00 p.m. Eastern New York City time on the Distribution Account Deposit Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the NIMs Insurer, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject The Servicer may, in its sole discretion, make an Advance with respect to the Master principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's recoverability determination, in obligation under this Section 4.01 to Advance the event that interest portion of the final Scheduled Payment with respect to a subservicer fails to make Balloon Loan as if such Balloon Loan were a required Advancefully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Master Servicer shall be required Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to remit the amount of such Advance to the Distribution Accountzero. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the Distribution Account, Collection Account no later than the close of business on the Business Day immediately preceding the Distribution Servicer Advance Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.014.01.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Asst Back Certs Ser 2003-4he)

Advances. (a) The Master Servicer shall, or Company shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance with respect to any EMC Mortgage Loan and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Remittance Date in immediately available funds. The Master Servicer shall cause the related Servicer to remit any such Advance required pursuant to the terms of the related Servicing Agreement. The Company or the related Servicer, as applicable, shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Company or the related Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company or the related Servicer, as the case may be, shall deliver (i) to the Trustee Securities Administrator for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer's ’s recoverability determination, in the event that a subservicer Servicer (other than ▇▇▇▇▇ Fargo) fails to make a required Advance, the Master Servicer Servicer, as successor servicer, shall be required to remit the amount of such Advance to the Distribution Account. In the event that ▇▇▇▇▇ Fargo as Servicer or the Master Servicer fails to make such a required Advance, the Trustee, as successor servicer or master servicer, as applicable, shall be required to remit the amount of such Advance to the Distribution Account, subject to its determination of recoverability and subject to its right to be reimbursed for such Advances pursuant to Section 5.09. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Amounts Held for Future Distributions Distribution has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Distribution Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer Company shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.025.02. The obligation to make Advances with respect to any EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.016.01. (b) If the Scheduled Payment on a Mortgage Loan that was due on a related Due Date and is delinquent other than as a result of application of the Relief Act and for which the Company or the related Servicer was required to make an Advance pursuant to this Agreement or the related Servicing Agreement exceeds the amount deposited in the Distribution Account which will be used for an Advance with respect to such Mortgage Loan, the Master Servicer will deposit in the Distribution Account not later than the Distribution Account Deposit Date immediately preceding the related Distribution Date an amount equal to such deficiency, net of the Master Servicing Fee and the Servicing Fee for such Mortgage Loan except to the extent the Master Servicer determines any such Advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on the Mortgage Loan for which such Advance was made. Subject to the foregoing, the Master Servicer shall continue to make such Advances through the date that the Company or the related Servicer is required to do so under this Agreement or the related Servicing Agreement, as applicable. If applicable, on the Distribution Account Deposit Date, the Master Servicer shall present an Officer’s Certificate to the Trustee (i) stating that the Master Servicer elects not to make an Advance in a stated amount and (ii) detailing the reason it deems the advance to be nonrecoverable. Subject to and in accordance with the provisions of Article VIII IX hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.016.01.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Ac3)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance and deposit such Advance in the Protected Account. Each such Advance (a) P&I Advances shall be remitted to the Distribution Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer by deposit in the Distribution Account, no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section 3.25. All Carrying Costs Advances shall be made in a timely manner as provided necessary and in Section 4.02. The accordance with Accepted Servicing Practices. (b) It is understood that the obligation of the Servicer to make such Advances with respect is mandatory, subject to the limitations set forth in this Agreement, and shall continue to apply after any modification of the Mortgage Loan pursuant to Section 3.03 hereof, beyond the Scheduled Loan Maturity Date if a payment default shall continue until have occurred on such Mortgage Loan is paid in full date, and through any court-appointed stay period or similar payment delay resulting from any insolvency of the related Mortgaged Property Mortgagors or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to bankruptcy, notwithstanding any applicable other provision of this Agreement, except other than the requirement of recoverability, and shall continue, subject to the requirement of recoverability until the earlier of (i) the date on which the Regular Certificates are retired and (ii) the date on which the Mortgaged Properties have been completely liquidated; provided, however, that the obligations of the Servicer to make Advances hereunder are limited to providing a liquidity facility with respect to the Mortgage Loan and making certain advances with respect to the preservation of the Mortgaged Properties as otherwise provided expressly set forth in this Section 5.01. Subject Agreement and do not constitute insurance or any similar credit enhancement with respect to the Mortgage Loan or the Regular Certificates and in accordance with no event shall the provisions of Article VIII hereofServicer be required to advance any Nonrecoverable Advance. Upon the Servicer's failure to make any required Advance, in the event Trustee shall be required to do so, and if the Master Servicer Trustee fails to make such Advance, then the TrusteeFiscal Agent shall be required to do so, except to the extent the Trustee or the Fiscal Agent, as Successor Master Servicerapplicable, shall determines such Advance to be obligated to make such a Nonrecoverable Advance, subject to the provisions of this Section 5.01.

Appears in 1 contract

Sources: Trust and Servicing Agreement (Mills Corp)

Advances. The EMC Master Servicer shall, or shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance and deposit such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. Eastern Central time on the Distribution Account Deposit Master Servicer Advance Date in immediately available funds. The EMC Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the EMC Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the EMC Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in the event that a subservicer fails to make a required Advance, the Master Servicer shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the EMC Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions has been used by the EMC Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the EMC Master Servicer by deposit in the Distribution Account, Protected Account no later than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this the Agreement. The EMC Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. 1.08 of this Exhibit K. The obligation to make Advances with respect to any EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this the Agreement, except as otherwise provided in this Section 5.012.01. Subject to and in accordance with the provisions of Article VIII hereofof the Agreement, in the event of a failure by the EMC Master Servicer to make a required Advance pursuant to this Section 2.01, then the ▇▇▇▇▇ Master Servicer shall be obligated to make such Advance, and if the ▇▇▇▇▇ Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

Advances. The If any Monthly Payment (together with any advances from the Subservicers with respect thereto) on a Mortgage Loan that was due during the related Collection Period and delinquent on the Determination Date is delinquent other than as a result of application of the Relief Act, the Master Servicer shall, or shall cause will deposit in the Collection Account not later than the third Business Day immediately preceding the related subservicer pursuant Payment Date an amount equal to the Subservicing Agreement tointerest portion of such Monthly Payment net of the related Servicing Fee (each, make an Advance and deposit "Advance") for such Advance in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only Mortgage Loan, except to the extent that the Master Servicer determines any such advance would not to be a Nonrecoverable Advance. If Subject to the Master Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion foregoing and in the absence of such Advance would constitute a Nonrecoverable Advancedetermination, the Master Servicer shall deliver (i) continue to make such Advances through the Trustee for date that the benefit related Mortgaged Property has, in the judgment of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject to the Master Servicer's recoverability determination, in been completely liquidated. If applicable, no later than the event that a subservicer fails to make a required Advancefourth Business Day preceding each Payment Date, the Master Servicer shall be required to remit the amount of such Advance promptly present an Officer's Certificate to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, Indenture Trustee (i) stating that the Master Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Held for Future Distributions has been used by the Master Servicer in discharge of its obligation elects not to make any such an Advance in a stated amount and (ii) transfer such detailing the reason it deems the advance to be a Nonrecoverable Advance. Such Advances may be made in whole or in part from funds from in the Protected Collection Account to the Distribution Accountbeing held for future distribution or withdrawal on or in connection with Payment Dates in subsequent months. Any funds being held for future distribution to Securityholders and so applied and transferred used shall be replaced by the Master Servicer from its own funds by deposit in the Distribution Account, no later than Collection Account on or before the close of business on the fourth Business Day immediately preceding any Payment Date to the Distribution extent that funds in the Collection Account with respect to such Payment Date on which such funds are shall be less than payments to Securityholders required to be distributed pursuant to this Agreement. The Master Servicer shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.02. The obligation to make Advances with respect to any Mortgage Loan shall continue until on such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.01date.

Appears in 1 contract

Sources: Servicing Agreement (Impac Secured Assets CMN Trust Series 1998-1)

Advances. (a) The Master Servicer shall, or Company shall cause the related subservicer pursuant to the Subservicing Agreement to, make an Advance with respect to any EMC Mortgage Loan and deposit remit such Advance to the Securities Administrator for deposit in the Protected Account. Each such Advance shall be remitted to the Distribution Account no later than 1:00 p.m. Eastern time on the Distribution Account Deposit Remittance Date in immediately available funds. The Master Servicer shall cause the related Servicer to remit any such Advance required pursuant to the terms of the related Servicing Agreement. The Company or the related Servicer, as applicable, shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Advance. If the Master Company or the related Servicer shall have determined that it has made a Nonrecoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Advance, the Master Servicer Company or the related Servicer, as the case may be, shall deliver (i) to the Trustee Securities Administrator for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, the Master Servicer, each Rating Agency and the Trustee an Officer's ’s Certificate setting forth the basis for such determination. Subject to the Master Servicer's ’s recoverability determination, in the event that a subservicer Servicer fails to make a required Advance, the Master Servicer, as successor servicer, shall be required to remit the amount of such Advance to the Distribution Account. Subject to the Securities Administrator’s recoverability determination, in the event that the Master Servicer fails to make a required Advance, the Securities Administrator shall be required to remit the amount of such Advance to the Distribution Account. In lieu of making all or a portion of such Advance from its own funds, the Master Servicer Company may (i) cause to be made an appropriate entry in its records relating to the Protected Account that any Amount Amounts Held for Future Distributions Distribution has been used by the Master Servicer Company in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected Account to the Distribution Account. Any funds so applied and transferred shall be replaced by the Master Servicer Company by deposit in the Distribution Account, no later than the close of business on the Business Day Remittance Date immediately preceding the Distribution Date on which such funds are required to be distributed pursuant to this Agreement. The Master Servicer Company shall be entitled to be reimbursed from the Protected Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.025.02. The obligation to make Advances with respect to any EMC Mortgage Loan shall continue until such EMC Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.016.01. (b) If the Company or the related Servicer was required to make an Advance pursuant to this Agreement or the related Servicing Agreement and fails to make any required Advance, in whole or in part, the Master Servicer, as successor servicer, or an other successor servicer appointed by it, will remit to the Securities Administrator, who in turn will deposit in the Distribution Account not later than the Business Day prior to the Distribution Date an amount equal to such required Advance to the extent not otherwise paid by the related Servicer, net of the Servicing Fee for such Mortgage Loan except to the extent the Master Servicer determines any such Advance to be nonrecoverable from Liquidation Proceeds, Insurance Proceeds or future payments on the Mortgage Loan for which such Advance was made. Subject to the foregoing, the Master Servicer shall continue to make such Advances through the date that the Company or the related Servicer is required to do so under this Agreement or the related Servicing Agreement, as applicable. If applicable, on the Business Day prior to the related Distribution Date, the Master Servicer shall present an Officer’s Certificate to the Trustee (i) stating that the Master Servicer elects not to make an Advance in a stated amount and (ii) detailing the reason it deems the advance to be nonrecoverable. Subject to and in accordance with the provisions of Article VIII IX hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.016.01, in accordance with and subject to the terms of this Agreement (including its rights of reimbursement hereunder).

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Ac4)

Advances. The Master Servicer shall, or shall cause the related subservicer pursuant Subject to the Subservicing Agreement toconditions of this Article IV, the Servicer, as required below, shall make an Advance with respect to the Mortgage Loans serviced by it and deposit such Advance in the Protected related Collection Account. Each such Advance shall be remitted to the Distribution related Collection Account no later than 1:00 p.m. Eastern New York City time on the Distribution Account Deposit related Servicer Advance Date in immediately available funds. The Master Servicer shall be obligated to make any such Advance only to the extent that such advance would not be a Nonrecoverable Non-Recoverable Advance. If the Master Servicer shall have determined that it has made a Nonrecoverable Non-Recoverable Advance or that a proposed Advance or a lesser portion of such Advance would constitute a Nonrecoverable Non-Recoverable Advance, the Master Servicer shall deliver (i) to the Trustee for the benefit of the Certificateholders funds constituting the remaining portion of such Advance, if applicable, and (ii) to the Depositor, each Rating Agency and the Trustee an Officer's Certificate setting forth the basis for such determination. Subject The Servicer may, in its sole discretion, make an Advance with respect to the Master principal portion of the final Scheduled Payment on a Balloon Loan, but the Servicer is under no obligation to do so; provided, however, that nothing in this sentence shall affect the Servicer's recoverability determination, in obligation under this Section 4.01 to Advance the event that interest portion of the final Scheduled Payment with respect to a subservicer fails to make Balloon Loan as if such Balloon Loan were a required Advancefully amortizing Mortgage Loan. If a Mortgagor does not pay its final Scheduled Payment on a Balloon Loan when due, the Master Servicer shall be required Advance (unless it determines in its good faith judgment that such amounts would constitute a Non-Recoverable Advance) a full month of interest (net of the Servicing Fee) on the Stated Principal Balance thereof each month until its Stated Principal Balance is reduced to remit the amount of such Advance to the Distribution Accountzero. In lieu of making all or a portion of such Advance from its own funds, the Master a Servicer may (i) cause to be made an appropriate entry in its records relating to the Protected Collection Account that any Amount Held amount held for Future Distributions future distribution has been used by the Master Servicer in discharge of its obligation to make any such Advance and (ii) transfer such funds from the Protected related Collection Account to the Distribution Certificate Account. In addition, the Servicer shall have the right to reimburse itself for any such Advance from amounts held from time to time in the related Collection Account to the extent such amounts are not then required to be distributed. Any funds so applied and transferred pursuant to the previous two sentences shall be replaced by the Master Servicer by deposit in the related Collection Account on or before any future Servicer Advance Date to the extent that the funds that would otherwise be available in the Certificate Account for the related Distribution Account, no later Date shall be less than the close of business on the Business Day immediately preceding the Distribution Date on which such funds are required to total amount that would be distributed to Certificateholders pursuant to this AgreementSection 4.04 if such amounts for future distribution had not been so used to make Advances. The Master Servicer shall be entitled to be reimbursed from the Protected related Collection Account for all Advances of its own funds made pursuant to this Section as provided in Section 4.023.08. The obligation to make Advances with respect to any Mortgage Loan shall continue until such Mortgage Loan is paid in full or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to any applicable provision of this Agreement, except as otherwise provided in this Section 5.01. Subject to and in accordance with the provisions of Article VIII hereof, in the event the Master Servicer fails to make such Advance, then the Trustee, as Successor Master Servicer, shall be obligated to make such Advance, subject to the provisions of this Section 5.014.01.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Merrill Lynch Mort Inv Inc Asst Back Certs Ser TMTS 2003 8he)