Escrow Accounts; Collection of Taxes, Assessments and Similar Items. (a) With respect to the Mortgage Loans described in the Mortgage Loan Schedule, and subject to and as required by the terms of the related Mortgage Loan Documents, the Master Servicer shall establish and maintain one or more Eligible Accounts (each, an “Escrow Account”) into which any or all Escrow Payments shall be deposited promptly after receipt and identification. Escrow Accounts shall be denominated “Escrow Account, Midland Loan Services, a Division of PNC Bank, National Association for the benefit of PennyMac Corp. and Various Borrowers” or in such other manner as the Owner prescribes. The Master Servicer shall notify the Owner in writing of the location and account number of each Escrow Account it establishes and shall notify the Owner prior to any change thereof. Withdrawals of amounts from an Escrow Account may be made, subject to any express provisions to the contrary herein, applicable laws, and to the terms of the related Mortgage Loan Documents governing the use of the Escrow Payments, only: (i) to effect payment of taxes, assessments, insurance premiums, ground rents and other items required or permitted to be paid from escrow; (ii) to refund to the Borrowers any sums determined to be in excess of the amounts required to be deposited therein; (iii) to pay interest, if required under the Mortgage Loan Documents, to the Borrowers on balances in the Escrow Accounts; (iv) to pay to the Master Servicer from time to time any interest or investment income earned on funds deposited therein pursuant to Section 3.04; (v) to apply funds to the indebtedness of the Mortgage Loan in accordance with the terms thereof; (vi) to reimburse the Owner for any Servicing Expense for which Escrow Payments should have been made by the Borrowers, but only from amounts received on the Mortgage Loan which represent late collections of Escrow Payments thereunder; (vii) to withdraw any amount deposited in the Escrow Accounts which was not required to be deposited therein; or (viii) to clear and terminate the Escrow Accounts at the termination of this Agreement. (b) The Master Servicer shall maintain accurate records with respect to each Mortgaged Property reflecting the status of taxes, assessments and other similar items that are or may become a lien thereon and the status of insurance premiums payable with respect thereto as well as the payment of ground rents with respect to each ground lease (to the extent such information is reasonably available). To the extent that the related Mortgage Loan Documents require Escrow Payments to be made by a Borrower, the Master Servicer shall use Reasonable Efforts to obtain, from time to time, all bills for the payment of such items, and shall effect payment prior to the applicable penalty or termination date, employing for such purpose Escrow Payments paid by the Borrower pursuant to the terms of the Mortgage Loan and deposited in the related Escrow Account by the Master Servicer. Subject to Section 3.05 with respect to the payment of insurance premiums, if a Borrower fails to make any such payment on a timely basis or collections from the Borrower are insufficient to pay any such item when due, the amount of any shortfall shall be paid by the Master Servicer as a Servicing Expense in accordance with Sections 3.03 and 5.02, provided that the Master Servicer has consulted with the Owner regarding the timing for payment of taxes, assessments and other similar items.
Appears in 3 contracts
Sources: Servicing Agreement, Servicing Agreement (Pennymac Financial Services, Inc.), Servicing Agreement (PennyMac Mortgage Investment Trust)
Escrow Accounts; Collection of Taxes, Assessments and Similar Items. (a) With respect to the Mortgage Loans described in the Mortgage Loan Schedule, and subject Subject to and as required by the terms of the related Mortgage Serviced Loan Documents, the Master Servicer shall establish and maintain one or more Eligible Accounts segregated custodial accounts (each, an “Escrow Account”) into which any or all Escrow Payments shall be deposited promptly after receipt and identification. Escrow Accounts shall be denominated “Escrow Account, Midland Loan Services, a Division of PNC Bank, National Association for the benefit of PennyMac Corp. and Various Borrowers” or in such other manner as the Owner prescribes. The Master Servicer shall notify the Owner in writing of the location and account number of each Escrow Account it establishes and shall notify the Owner prior to any change thereofEligible Accounts. Withdrawals of amounts from an Escrow Account may be mademade by Servicer in accordance with Accepted Servicing Practices, subject to any express provisions to the contrary hereinin this Agreement, applicable laws, and to the terms of the related Mortgage Serviced Loan Documents governing the use of the Escrow Payments, only: (i) to effect payment of taxes, assessments, insurance premiums, ground rents and other items required or permitted to be paid from escrow; (ii) to refund to the Borrowers any sums determined to be in excess of the amounts required to be deposited therein; (iii) to pay interest, if required under the Mortgage Loan Documents, to the Borrowers on balances in the Escrow Accounts; (iv) to pay to the Master Servicer from time to time any interest or investment income earned on funds deposited therein pursuant to Section 3.04; (v) to apply funds to the indebtedness of the Mortgage Loan in accordance with the terms thereof; (vi) to reimburse the Owner for any Servicing Expense for which Escrow Payments should have been made by the Borrowers, but only from amounts received on the Mortgage Loan which represent late collections of Escrow Payments thereunder; (vii) to withdraw any amount deposited in the Escrow Accounts which was not required to be deposited therein; or (viii) to clear and terminate the Escrow Accounts at the termination of this Agreement.
(b) The Master Servicer shall maintain accurate records with respect to each Mortgaged Property reflecting the status of taxes, assessments and other similar items that are or may become a lien thereon and the status of insurance premiums payable with respect thereto as well as the payment of ground rents with respect to each ground lease (to the extent such information is reasonably available). To the extent that the related Mortgage Serviced Loan Documents require Escrow Payments to be made by a Borrower, the Master Servicer shall use Reasonable Efforts to obtain, from time to time, all bills for the payment of such items, and shall effect payment prior to the applicable penalty or termination date, employing for such purpose Escrow Payments paid by the Borrower pursuant to the terms of the Mortgage Serviced Loan and deposited in the related Escrow Account by the Master Servicer. Subject To the extent that the Serviced Loan does not require a Borrower to Section 3.05 with respect make Escrow Payments, Servicer shall use its Reasonable Efforts to require that any such payment be made by such Borrower prior to the payment of insurance premiums, if applicable penalty or termination date. If a Borrower fails to make any such payment on a timely basis or collections from the Borrower are insufficient to pay any such item when due, the amount of any shortfall shall be paid by the Master Servicer as a Servicing Expense in accordance with Sections 3.03 and 5.02, provided that the Master Servicer has consulted with the Owner regarding the timing for payment of taxes, assessments and other similar itemsExpense.
Appears in 2 contracts
Sources: Loan Servicing Agreement (MogulREIT I, LLC), Loan Servicing Agreement (MogulREIT I, LLC)
Escrow Accounts; Collection of Taxes, Assessments and Similar Items. (a) With respect to the Mortgage Loans described in the Mortgage Loan Schedule, and subject Subject to and as required by the terms of the related Mortgage Loan Documents, the Master Servicer shall establish and maintain one or more Eligible Accounts segregated custodial accounts (each, an “Escrow Account”) into which any or all Escrow Payments shall be deposited promptly after receipt and identification. Escrow Accounts shall be Eligible Accounts and shall be denominated “Bank of America, N.A., as Servicer, for and on behalf of the Note Holders, Escrow Account, Midland Loan Services, a Division of PNC Bank, National Association for the benefit of PennyMac Corp. and Various Borrowers” or in such other manner as the Owner prescribes”. The Master Servicer shall notify the Owner Note Holders in writing of the location and account number of each Escrow Account it establishes and shall notify the Owner Note Holders prior to any change thereof. Withdrawals of amounts from an Escrow Account may be made, subject to any express provisions to the contrary herein, applicable laws, and to the terms of the related Mortgage Loan Documents governing the use of the Escrow Payments, only: (i) to effect payment of taxes, assessments, insurance premiums, ground rents and other items required or permitted to be paid from escrowthe related Escrow Account; (ii) to refund to the Borrowers Borrower any sums determined to be in excess of the amounts required to be deposited therein; (iii) to pay interest, if required under the Mortgage Loan DocumentsDocuments or applicable law, to the Borrowers Borrower on balances in the Escrow Accounts; (iv) subject to subsection (iii) above, to pay to the Master Servicer from time to time any interest or investment income earned on funds deposited therein pursuant to Section 3.043.4 to the extent actually received; (v) to apply funds to the indebtedness of the Mortgage Loan in accordance with the terms thereof; (vi) to reimburse Servicer or Special Servicer, as the Owner case may be, for any Servicing Expense or Servicing Advance for which Escrow Payments should have been made by the BorrowersBorrower, but only from amounts received on the Mortgage Loan which represent late collections of Escrow Payments thereunder; (vii) to withdraw any amount deposited in the Escrow Accounts which was not required to be deposited therein; or (viii) to clear and terminate the Escrow Accounts at the termination of this Agreement.
(b) The Master Servicer shall maintain accurate records with respect to each Mortgaged Property reflecting the status of taxes, assessments and other similar items that are or may become a lien thereon and the status of insurance premiums payable with respect thereto as well as the payment of ground rents with respect to each ground lease (to the extent such information is reasonably available). To the extent that the related Mortgage Loan Documents require Escrow Payments to be made by a Borrower, the Master Servicer shall use Reasonable Efforts to obtain, from time to time, all bills for the payment of such items, and shall effect payment prior to the applicable penalty or termination date, employing for such purpose Escrow Payments paid by the Borrower pursuant to the terms of the Mortgage Loan and deposited in the related Escrow Account by the Master Servicer. Subject To the extent that the Mortgage Loan does not require Borrower to Section 3.05 with respect make Escrow Payments, Servicer shall use its Best Efforts to require that any such tax, assessment or similar payment be made by Borrower prior to the payment of insurance premiums, if a applicable penalty or termination date. If Borrower fails to make any such payment on a timely basis or collections from the Borrower are insufficient to pay any such item when due, the amount of any shortfall shall be paid by the Master Servicer as a Servicing Expense in accordance with Sections 3.03 and 5.02Advance, provided that the Master Servicer has consulted with the Owner Controlling Holder regarding the timing for payment of taxes, assessments and other similar items.
(c) As to the investment for the benefit of Borrower or the Note Holders as of the day of Servicer’s receipt of funds relating to an Escrow Account, Servicer shall cause same to be invested per specific written instructions of Borrower (if Borrower’s approval is required under the Mortgage Loan Documents) or the Note Holders, as applicable, and in accordance with the related Mortgage Loan Documents; provided, however, that such written instructions and available funds for investment must be received forty-eight (48) hours in advance of such investment. In the event such funds may be invested but any of the above requirements are not satisfied, or the Permitted Investment(s) in which Borrower or the Note Holders, as applicable, has instructed Servicer to invest are not then available for purchase, Servicer shall invest the funds at its own discretion in Permitted Investments until such funds can be invested in accordance with Borrower’s or the Note Holders’ instructions, as applicable, as set forth above.
Appears in 1 contract
Sources: Servicing Agreement (KBS Real Estate Investment Trust II, Inc.)
Escrow Accounts; Collection of Taxes, Assessments and Similar Items. (a) With respect to the Mortgage Loans described in the Mortgage Loan Schedule, and subject to to, and as required by by, the terms of the related Mortgage Loan Asset Documents, the Master Servicer has caused to be established and maintained with Subservicers, or shall establish cause to be established and maintain maintained, one or more Eligible Accounts custodial accounts (each, an “Escrow Account”) into which any or all Escrow Payments shall be deposited promptly after receipt and identificationidentification if Escrow Funds are delivered in immediately available funds, or as soon as such payments constitute collected funds (if Borrower pays by check). Escrow Accounts shall be Eligible Accounts denominated “Escrow Account, Midland Loan Services, a Division [Name of PNC Bank, National Association Subservicer] in Trust for the benefit Sun Life Insurance and Annuity Company of PennyMac Corp. and Various BorrowersNew York” or in such other manner as the Owner prescribes. Each Escrow Account shall only hold funds related to a Loan Asset, which may be commingled funds with respect to the Owner’s other Loan Assets, but which may not be commingled with other funds of Subservicer, Servicer or owners of other loan assets. The Master Servicer shall notify the Owner in writing of the location and account number of each Escrow Account it establishes and shall notify the Owner prior to any change thereof. Withdrawals of amounts from an Escrow Account may be made, subject to any express provisions to the contrary herein, applicable laws, and to the terms of the related Mortgage Loan Asset Documents governing the use of the Escrow Payments, only: (i) to effect payment of taxes, assessments, insurance premiums, ground rents and other items required or permitted to be paid from escrow; (ii) to refund to the Borrowers any sums determined to be in excess of the amounts required to be deposited therein; (iii) to pay interest, if required under the Mortgage Loan Asset Documents, to the Borrowers on balances in the Escrow Accounts; (iv) to pay to the Master Servicer Owner from time to time any interest or investment income earned on funds deposited therein pursuant to Section 3.04; (v) to apply funds to the indebtedness of the Mortgage Loan Asset in accordance with the terms thereofof the Loan Asset Documents; (vi) to reimburse the Owner for any Servicing Expense or Servicing Advance for which Escrow Payments should have been made by the Borrowers, but only from amounts received on the Mortgage Loan which represent late collections of Escrow Payments thereunder; (vii) to withdraw any amount deposited in the Escrow Accounts which was not required to be deposited therein; or (viii) to clear and terminate the Escrow Accounts at the termination of this Agreement; or (ix) to pay or reimburse tenant improvement costs or leasing commissions or to return good faith deposits or other holdbacks to Borrowers in accordance with the applicable Loan Asset Documents.
(b) The Master Servicer shall maintain accurate records with respect to each Mortgaged Property reflecting the status of taxes, assessments and other similar items that are or may become a lien thereon and the status of insurance premiums payable with respect thereto as well as the payment of ground rents with respect to each ground lease (to the extent such information is reasonably available). To the extent that the related Loan Asset Documents for a Mortgage Loan Documents require Escrow Payments to be made by a Borrower, the Master Servicer shall use Reasonable Efforts to obtainobtain from such Borrower, from time to time, all bills for the payment of such items, and shall use Best Efforts to effect payment prior to the applicable penalty or termination date, employing for such purpose Escrow Payments paid by the Borrower pursuant to the terms of the Mortgage Loan and deposited in the related Escrow Account by the Master Servicer. To the extent that the Mortgage Loan does not require a Borrower to make Escrow Payments, the Servicer shall use its Best Efforts to require that any such payment be made by the Borrowers prior to the applicable penalty or termination date. Subject to Section 3.05 with respect to the payment of insurance premiums, if a Borrower fails to make any such payment on a timely basis or collections from the Borrower are insufficient to pay any such item when due, the amount of any shortfall shall may be paid by the Master Servicer as a Servicing Expense in accordance with Sections 3.03 and 5.02, provided that the Master Servicer has consulted with the Owner regarding the timing for payment of taxes, assessments and other similar itemsAdvance.
Appears in 1 contract
Escrow Accounts; Collection of Taxes, Assessments and Similar Items. (a) With respect to the Mortgage Loans described in the Mortgage Loan Schedule, and subject Subject to and as required by the terms of the related Mortgage Loan Asset Documents, the Master Servicer shall shall, on behalf of the Trustee, establish and maintain one or more Eligible Accounts as to which the “bank’s jurisdiction” for purposes of Article 9 of the Uniform Commercial Code is the State of New York (each, an “Escrow Account”) into which any or all Escrow Payments shall be deposited promptly after receipt and identification. Escrow Accounts shall be denominated “Escrow AccountORIX Real Estate Capital, Midland Loan ServicesLLC, a Division of PNC Bankas Servicer, National Association for the benefit of PennyMac Corp. Wilmington Trust, National Association, as trustee, for the benefit of the Holders of the LFT CRE 2021-FL1 Notes, the other Secured Parties USActive 56231551.8.docx and Various Borrowersthe related Companion Participation Holders” or in such other manner as the Owner prescribesIssuer (or the Collateral Manager on behalf of the Issuer) and the Servicer agree. The Master parties hereto agree that the Trustee shall be the “customer” (as defined in Section 4-104 of the Uniform Commercial Code) with respect to each Escrow Account. Upon request, the Servicer shall notify the Owner Issuer, the Collateral Manager, the Special Servicer, the Note Administrator and the Trustee in writing of the location and account number of each Escrow Account it establishes and shall notify the Owner prior to Issuer, the Collateral Manager, the Special Servicer, the Note Administrator and the Trustee promptly after any change thereof. Withdrawals Except as provided herein (including without limitation, the withdrawals described in the following sentence, which may be made without Issuer or Special Servicer consent), withdrawals of amounts from an Escrow Account may be mademade only following notice to, subject and consent of, the Issuer (or the Special Servicer on behalf of the Issuer). Subject to any express provisions to the contrary herein, to applicable laws, and to the terms of the related Mortgage Loan Asset Documents governing the use of the Escrow Payments, onlywithdrawals of amounts from an Escrow Account may only be made: (i) to effect payment of taxes, assessments, assessments and insurance premiums, ; (ii) to effect payment of ground rents and other items required or permitted to be paid from escrow; (iiiii) to refund to the Borrowers related Obligors any sums determined to be in excess of the amounts required to be deposited therein; (iiiiv) to pay interest, if required under the Mortgage Loan Asset Documents, to the Borrowers Obligors on balances in the Escrow Accounts; (ivv) to pay to the Master Servicer from time to time any interest or investment income earned on funds deposited therein pursuant to Section 3.04; (vvi) to apply funds to the indebtedness of the Mortgage Loan in accordance with the terms thereof; (vivii) to reimburse the Owner Servicer, the Special Servicer, the Collateral Manager or the Advancing Agent, as the case may be, for any Servicing Expense Advance or Servicing Expense, as the case may be, for which Escrow Payments should have been made by the BorrowersObligors, but only from amounts received on the Mortgage Loan which represent late collections of Escrow Payments thereunder; (viiviii) to withdraw any amount deposited in the Escrow Accounts which was not required to be deposited therein; or (viiiix) to clear and terminate the Escrow Accounts at the termination of this Agreement.
(b) The Master Servicer shall maintain accurate records with respect to each Mortgaged Property reflecting the status of taxes, assessments and other similar items that are or may become a lien thereon and the status of insurance premiums payable with respect thereto as well as the payment of ground rents with respect to each ground lease (to the extent such information is reasonably available). To the extent that the related Mortgage Loan Documents require Escrow Payments to be made by a Borrower, the Master Servicer shall use Reasonable Efforts to obtain, from time to time, all bills for the payment of such items, and shall effect payment prior to the applicable penalty or termination date, employing for such purpose Escrow Payments paid by the Borrower pursuant to the terms of the Mortgage Loan and deposited in the related Escrow Account by the Master Servicer. Subject to Section 3.05 with respect to the payment of insurance premiums, if a Borrower fails to make any such payment on a timely basis or collections from the Borrower are insufficient to pay any such item when due, the amount of any shortfall shall be paid by the Master Servicer as a Servicing Expense in accordance with Sections 3.03 and 5.02, provided that the Master Servicer has consulted with the Owner regarding the timing for payment of taxes, assessments and other similar items.
Appears in 1 contract
Escrow Accounts; Collection of Taxes, Assessments and Similar Items. (a) With respect to the Mortgage Loans described in the Mortgage Loan Schedule, and subject Subject to and as required by the terms of the related Mortgage Loan Asset Documents, the Master Servicer shall shall, on behalf of the Trustee, establish and maintain one or more Eligible Accounts as to which the “bank’s jurisdiction” for purposes of Article 9 of the Uniform Commercial Code is the State of New York (each, an “Escrow Account”) into which any or all Escrow Payments shall be deposited promptly after receipt and identification. Escrow Accounts shall be denominated “Escrow AccountLument Real Estate Capital, Midland Loan ServicesLLC, a Division of PNC Bankas Servicer, National Association for the benefit of PennyMac Corp. Wilmington Trust, National Association, as Trustee, for the benefit of the Class A Lender, the Holders of the LMF 2023-1 Notes, the other Secured Parties and Various Borrowersthe related Companion Participation Holders” or in such other manner as the Owner prescribesIssuer (or the Collateral Manager on behalf of the Issuer) and the Servicer agree. The Master parties hereto agree that the Trustee shall be the “customer” (as defined in Section 4-104 of the Uniform Commercial Code) with respect to each Escrow Account. Upon request, the Servicer shall notify the Owner Issuer, the Collateral Manager, the Special Servicer, the Note Administrator and the Trustee in writing of the location and account number of each Escrow Account it establishes and shall notify the Owner prior to Issuer, the Collateral Manager, the Special Servicer, the Note Administrator and the Trustee promptly after any change thereof. Withdrawals Except as provided herein (including without limitation, the withdrawals described in the following sentence, which may be made without Issuer, Controlling Holder or Special Servicer consent), withdrawals of amounts from an Escrow Account may be mademade only following notice to, subject and consent of, the Issuer (or the Special Servicer on behalf of the Issuer). Subject to any express provisions to the contrary herein, to applicable laws, and to the terms of the related Mortgage Loan Asset Documents governing the use of the Escrow Payments, onlywithdrawals of amounts from an Escrow Account may only be made: (i) to effect payment of taxes, assessments, assessments and insurance premiums, ; (ii) to effect payment of ground rents and other items required or permitted to be paid from escrow; (iiiii) to refund to the Borrowers related Obligors any sums determined to be in excess of the amounts required to be deposited therein; (iiiiv) to pay interest, if required under the Mortgage Loan Asset Documents, to the Borrowers Obligors on balances in the Escrow Accounts; (ivv) to pay to the Master Servicer from time to time any interest or investment income earned on funds deposited therein pursuant to Section 3.04; (vvi) to apply funds to the indebtedness of the Mortgage Loan in accordance with the terms thereof; (vivii) to reimburse the Owner Servicer, the Special Servicer, the Collateral Manager or the Advancing Agent, as the case may be, for any Servicing Expense Advance or Servicing Expense, as the case may be, for which Escrow Payments should have been made by the BorrowersObligors, but only from amounts received on the Mortgage Loan which represent late collections of Escrow Payments thereunder; (viiviii) to withdraw any amount deposited in the Escrow Accounts which was not required to be deposited therein; or (viiiix) to clear and terminate the Escrow Accounts at the termination of this Agreement.
(b) The Master Servicer shall maintain accurate records with respect to each Mortgaged Property securing a Serviced Mortgage Loan, reflecting the status of taxes, assessments and other similar items that are or may become a lien thereon and the status of insurance premiums payable with respect thereto as well as the payment of ground rents with respect to each ground lease (to the extent such information is reasonably available). To the extent that the related Mortgage Loan Asset Documents require Escrow Payments to be made by an Obligor under a BorrowerServiced Mortgage Loan, the Master Servicer shall use Reasonable Efforts reasonable efforts to obtain, from time to time, all bills for the payment of such items, and shall effect payment prior to the applicable penalty or termination date, employing for such purpose Escrow Payments paid by the Borrower such Obligor pursuant to the terms of the Mortgage Loan Asset Documents and deposited in the related Escrow Account by the Master Servicer. To the extent that the Asset Documents do not require an Obligor under a Serviced Mortgage Loan to make Escrow Payments (and no other loan secured by the Mortgaged Property requires escrows or reserves for such amounts), the Servicer shall use its reasonable efforts to require that any tax, insurance or other payment referenced in the definition of Escrow Payment be made by such Obligors prior to the applicable penalty or termination date (to the extent that the holder of the related Mortgage Loan has the right to so require). Subject to Section 3.05 with respect to the payment of insurance premiums, if an Obligor under a Borrower Serviced Mortgage Loan fails to make any such payment on a timely basis or collections from the Borrower such Obligor are insufficient to pay any such item when duedue and the holder of the related Mortgage Loan has the right to pay such premiums on behalf of such Obligor pursuant to the terms of the related Asset Documents, the amount of any shortfall shall be paid by the Master Servicer Advancing Agent, subject to Section 5.02, as a Servicing Expense in accordance with Sections 3.03 and 5.02, provided that the Master Servicer has consulted with the Owner regarding the timing for payment of taxes, assessments and other similar itemsAdvance.
Appears in 1 contract
Escrow Accounts; Collection of Taxes, Assessments and Similar Items. (a) With respect to the Mortgage Loans described in the Mortgage Loan Schedule, and subject Subject to and as required by the terms of the related Mortgage Loan Asset Documents, the Master Servicer shall establish and maintain one or more Eligible Accounts (each, an “Escrow Account”) into which any or all Escrow Payments shall be deposited promptly after receipt and identification. Escrow Accounts shall be denominated “Escrow Account, Midland Loan Services, a Division of PNC ▇▇▇▇▇ Fargo Bank, National Association Association, as Servicer, on behalf of Wilmington Trust, National Association, as trustee, for the benefit of PennyMac Corp. the Holders of the TRTX 2018-FL1 Notes, the other Secured Parties and Various Borrowersthe related Companion Participation Holders” or in such other manner as the Owner Issuer (or the Special Servicer on behalf of the Issuer) prescribes. The Master Servicer shall notify the Owner Issuer, the Special Servicer, the Note Administrator and the Trustee in writing of the location and account number of each Escrow Account it establishes and shall notify the Owner prior to Issuer, the Special Servicer, the Note Administrator and the Trustee promptly after any change thereof. Withdrawals Except as provided herein (including without limitation, the withdrawals described in the following sentence, which may be made without Issuer, Special Servicer or Directing Holder consent), withdrawals of amounts from an Escrow Account may be mademade only following notice to, and consent of, the Special Servicer subject to the consent and consultation provisions set forth in Section 3.23. Subject to any express provisions to the contrary herein, to applicable laws, and to the terms of the related Mortgage Loan Asset Documents governing the use of the Escrow Payments, onlywithdrawals of amounts from an Escrow Account may only be made: (i) to effect payment of taxes, assessments, assessments and insurance premiums, ; (ii) to effect payment of ground rents and other items required or permitted to be paid from escrow; (iiiii) to refund to the Borrowers related Obligors any sums determined to be in excess of the amounts required to be deposited therein; (iiiiv) to pay interest, if required under the Mortgage Loan Asset Documents, to the Borrowers Obligors on balances in the Escrow Accounts; (ivv) to pay to the Master Servicer from time to time any interest or investment income earned on funds deposited therein pursuant to Section 3.04; (vvi) to apply funds to the indebtedness of the Mortgage Loan in accordance with the terms thereof; (vivii) to reimburse the Owner Servicer or the Special Servicer, or the Advancing Agent, as the case may be, for any Servicing Expense Advance or Servicing Expense, as the case may be, for which Escrow Payments should have been made by the BorrowersObligors, but only from amounts received on the Mortgage Loan which represent late collections of Escrow Payments thereunder; (viiviii) to withdraw any amount deposited in the Escrow Accounts which was not required to be deposited therein; or (viiiix) to clear and terminate the Escrow Accounts at the termination of this Agreement.
(b) The Master Servicer shall maintain accurate records with respect to each Mortgaged Property securing a Mortgage Loan, reflecting the status of taxes, assessments and other similar items that are or may become a lien thereon and the status of insurance premiums payable with respect thereto as well as the payment of ground rents with respect to each ground lease (to the extent such information is reasonably available). To the extent that the related Mortgage Loan Asset Documents require Escrow Payments to be made by a Borroweran Obligor, the Master Servicer shall use Reasonable Efforts reasonable efforts to obtain, from time to time, all bills for the payment of such items, and shall effect payment prior to the applicable penalty or termination date, employing for such purpose Escrow Payments paid by the Borrower such Obligor pursuant to the terms of the Mortgage Loan Asset Documents and deposited in the related Escrow Account by the Master Servicer. Subject To the extent that the Asset Documents do not require an Obligor to Section 3.05 with respect make Escrow Payments (and no other loan secured by the Mortgaged Property requires escrows or reserves for such amounts), the Servicer shall use its reasonable efforts to require that any tax, insurance or other payment referenced in the definition of Escrow Payment be made by such Obligors prior to the payment of insurance premiums, if a Borrower fails applicable penalty or termination date (to make any such payment on a timely basis or collections from the Borrower are insufficient to pay any such item when due, the amount of any shortfall shall be paid by the Master Servicer as a Servicing Expense in accordance with Sections 3.03 and 5.02, provided extent that the Master Servicer holder of the related Mortgage Loan has consulted with the Owner regarding the timing for payment of taxes, assessments and other similar items.right to so require). Subject to
Appears in 1 contract
Escrow Accounts; Collection of Taxes, Assessments and Similar Items. (a) With respect to the Mortgage Loans Investments described in the Mortgage Loan Schedule and Lease Schedule, and subject to and as required by the terms of the related Mortgage Loan Investment Documents, the Master Servicer shall establish and maintain one or more Eligible Accounts (each, an “"Escrow Account”") into which any or all Escrow Payments shall be deposited promptly after receipt and identification. Escrow Accounts shall be denominated “Escrow Account, "Midland Loan Services, a Division of PNC Bank, National Association Inc. in Trust for the benefit of PennyMac Corp. and Various Borrowers” Spirit Finance Corporation" or in such other manner as the Owner prescribes. The Master Servicer shall notify the Owner in writing of the location and account number of each Escrow Account it establishes and shall notify the Owner prior to any change thereof. Withdrawals of amounts from an Escrow Account may be made, subject to any express provisions to the contrary herein, applicable laws, and to the terms of the related Mortgage Loan Investment Documents governing the use of the Escrow Payments, only: (i) to effect payment of taxes, assessments, insurance premiums, ground rents and other items required or permitted to be paid from escrow; (ii) to refund to the Borrowers Obligors any sums determined to be in excess of the amounts required to be deposited therein; (iii) to pay interest, if required under the Mortgage Loan DocumentsInvestment Documents or relevant law, to the Borrowers Obligors on balances in the Escrow Accounts; (iv) to pay to the Master Servicer from time to time any interest or investment income earned on funds deposited therein pursuant to Section 3.04; (v) to apply funds to the indebtedness of or lease amounts due with respect to the Mortgage Loan Investment in accordance with the terms thereof; (vi) to reimburse the Owner or Servicer for any Servicing Expense for which Escrow Payments should have been made by the BorrowersObligors, but only from amounts received on the Mortgage Loan Investment which represent late collections of Escrow Payments thereunder; (vii) to withdraw any amount deposited in the Escrow Accounts which was not required to be deposited therein; or (viii) to clear and terminate the Escrow Accounts at the termination of this Agreement.
(b) The Master Servicer shall maintain accurate records with respect to each Mortgaged Investment Property reflecting the status of taxes, assessments and other similar items that are or may become a lien thereon and the status of insurance premiums payable with respect thereto as well as the payment of ground rents with respect to each ground lease (to the extent such information is reasonably available). To the extent that the related Mortgage Loan Investment Documents require Escrow Payments to be made by a Borroweran Obligor, the Master Servicer shall use Reasonable Efforts to obtain, from time to time, all bills for the payment of such items, and shall effect payment prior to the applicable penalty or termination date, employing for such purpose Escrow Payments paid by the Borrower Obligor pursuant to the terms of the Mortgage Loan Investment and deposited in the related Escrow Account by the Master Servicer. To the extent that the Investment does not require an Obligor to make Escrow Payments, the Servicer shall use its Reasonable Efforts to require that any such payment be made by the Obligors prior to the applicable penalty or termination date. Subject to Section 3.05 with respect to the payment of insurance premiums, if a Borrower an Obligor fails to make any such payment on a timely basis or collections from the Borrower Obligor are insufficient to pay any such item when due, the amount of any shortfall shall be paid by the Master Servicer as a Servicing Expense in accordance with Sections 3.03 and 5.02Expense, provided that the Master Servicer has consulted with the Owner regarding the timing for payment of taxes, assessments and other similar items.
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Escrow Accounts; Collection of Taxes, Assessments and Similar Items. (a) With respect to the Mortgage Loans described in the Mortgage Loan Schedule, and subject Subject to and as required by the terms of the related Mortgage Loan Documents, the Master Servicer shall establish and maintain one or more Eligible Accounts (each, an “Escrow Account”) into which any or all Escrow Payments shall be deposited promptly after receipt and identification. Escrow Accounts shall be denominated “Escrow AccountTrimont Real Estate Advisors, Midland Loan ServicesLLC, a Division as Servicer, on behalf of PNC BankWilmington Trust, National Association Association, as trustee, for the benefit of PennyMac Corp. the Holders of the GPMT 2021-FL4 Notes, the other Secured Parties and Various Borrowers” or in such other manner as the Owner prescribesrelated Companion Participation Holders”. The Master Servicer shall notify the Owner Issuer, the Collateral Manager, the Special Servicer, the Note Administrator and the Trustee in writing of the location and account number of each Escrow Account it establishes and shall notify the Owner prior to Issuer, the Collateral Manager, the Special Servicer, the Note Administrator and the Trustee promptly after any change thereof. Withdrawals Except as provided herein (including without limitation, the withdrawals described in the following sentence, which may be made without Issuer, Special Servicer or Collateral Manager (or, with respect to a Non-CLO Controlled Collateral Interest, the holder of the related Controlling Companion Participation) consent), withdrawals of amounts from an Escrow Account may be mademade only following notice to, and consent of, the Special Servicer subject to the consent and consultation provisions set forth in Section 3.23. Subject to any express provisions to the contrary herein, to applicable laws, and to the terms of the related Mortgage Loan Documents governing the use of the Escrow Payments, onlywithdrawals of amounts from an Escrow Account may only be made: (i) to effect payment of taxes, assessments, assessments and insurance premiums, ; (ii) to effect payment of ground rents and other items required or permitted to be paid from escrow; (iiiii) to refund to the Borrowers related Obligors any sums determined to be in excess of the amounts required to be deposited therein; (iiiiv) to pay interest, if required under the Mortgage Loan Documents, to the Borrowers Obligors on balances in the Escrow Accounts; (ivv) to pay to the Master Servicer from time to time any interest or investment income earned on funds deposited therein pursuant to Section 3.04; (vvi) to apply funds to the indebtedness of the Mortgage Serviced Commercial Real Estate Loan in accordance with the terms thereof; (vivii) to reimburse the Owner Servicer or the Special Servicer, the Collateral Manager or the Advancing Agent, as the case may be, for any Servicing Expense Advance or Servicing Expense, as the case may be, for which Escrow Payments should have been made by the BorrowersObligors, but only from amounts received on the Mortgage Serviced Commercial Real Estate Loan which represent late collections of Escrow Payments thereunder; (viiviii) to withdraw any amount deposited in the Escrow Accounts which was not required to be deposited therein; or (viiiix) to clear and terminate the Escrow Accounts at the termination of this Agreement.
(b) The Master Servicer shall maintain accurate records with respect to each Mortgaged Property securing a Serviced Commercial Real Estate Loan, reflecting the status of taxes, assessments and other similar items that are or may become a lien thereon and the status of insurance premiums payable with respect thereto as well as the payment of ground rents with respect to each ground lease (to the extent such information is reasonably available). To the extent that the related Mortgage Loan Documents require Escrow Payments to be made by an Obligor under a BorrowerServiced Commercial Real Estate Loan, the Master Servicer shall use Reasonable Efforts reasonable efforts to obtain, from time to time, all bills for the payment of such items, and shall effect payment prior to the applicable penalty or termination date, employing for such purpose Escrow Payments paid by the Borrower such Obligor under a Serviced Commercial Real Estate Loan pursuant to the terms of the Mortgage Loan Documents and deposited in the related Escrow Account by the Master Servicer. To the extent that the Loan Documents do not require an Obligor under a Serviced Commercial Real Estate Loan to make Escrow Payments (and no other loan secured by the Mortgaged Property requires escrows or reserves for such amounts), the Servicer shall use its reasonable efforts to require that any tax, insurance or other payment referenced in the definition of Escrow Payment be made by such Obligors prior to the applicable penalty or termination date (to the extent that the holder of the related Serviced Commercial Real Estate Loan has the right to so require). Subject to Section 3.05 with respect to the payment of insurance premiums, if an Obligor under a Borrower Serviced Commercial Real Estate Loan fails to make any such payment on a timely basis or collections from the Borrower such Obligor are insufficient to pay any such item when duedue and the holder of the related Serviced Commercial Real Estate Loan has the right to pay such premiums on behalf of such Obligor pursuant to the terms of the related Loan Documents, the amount of any shortfall shall be paid by the Master Servicer Advancing Agent, subject to Section 5.02, as a Servicing Expense in accordance with Sections 3.03 and 5.02, provided that the Master Servicer has consulted with the Owner regarding the timing for payment of taxes, assessments and other similar itemsAdvance.
Appears in 1 contract
Sources: Servicing Agreement (Granite Point Mortgage Trust Inc.)
Escrow Accounts; Collection of Taxes, Assessments and Similar Items. (a) 3.2.1 With respect to the Mortgage Loans described in the Mortgage Loan ScheduleInvestments, and subject to and as required by the terms of the related Mortgage Loan DocumentsInvestment File, the Master Servicer shall establish and maintain one or more Eligible Accounts segregated accounts with Buyer (each, an “"Escrow Account”") into which any or all Escrow Payments shall be deposited promptly within two Business Days after receipt and identification. Escrow Accounts shall be denominated “Escrow Accounteither "Ares Commercial Real Estate Servicer LLC as agent for ACRC Lender W LLC, Midland Loan Servicestogether with its respective successors or assigns" or "[insert name of appropriate borrower] Ares Commercial Real Estate Servicer LLC as agent for ACRC Lender W LLC, a Division of PNC Bank, National Association for the benefit of PennyMac Corp. and Various Borrowers” together with its respective successors or in such other manner as the Owner prescribesassigns". The Master Servicer shall notify the Owner Buyer in writing of the location and account number of each Escrow Account it establishes and shall notify the Owner Buyer prior to any change thereof, and Servicer shall maintain such account at a branch of Buyer, in any event. Withdrawals of amounts from an Escrow Account may be made, subject to any express provisions to the contrary herein, applicable laws, and to the terms of the related Mortgage Loan Documents Investment File governing the use of the Escrow Payments, only: (i) to effect payment of taxes, assessments, insurance premiums, ground rents and other items required or permitted to be paid from escrow; (ii) to refund to the Borrowers Underlying Obligors any sums determined to be in excess of the amounts required to be deposited therein; (iii) to pay interest, if required under the Mortgage Loan DocumentsInvestment File, to the Borrowers Underlying Obligors on balances in the Escrow Accounts; (iv) to pay to the Master Servicer from time to time any interest or investment income earned on funds deposited therein pursuant to Section 3.043.4; (v) to apply funds to the indebtedness of the Mortgage Loan Investment in accordance with the terms thereof; (vi) to reimburse the Owner Servicer or Special Servicer for any Servicing Expense for which Escrow Payments should have been made by the BorrowersUnderlying Obligors, but only from amounts received on the Mortgage Loan which Investment that represent late collections of Escrow Payments thereunder; (vii) to withdraw any amount deposited in the Escrow Accounts which that was not required to be deposited therein; or (viii) to clear and terminate the Escrow Accounts at the termination of this Agreement.
(b) The Master 3.2.2 Servicer shall maintain accurate records with respect to each Mortgaged Property reflecting the status of taxes, assessments and other similar items that are or may become a lien thereon and the status of insurance premiums payable with respect thereto as well as the payment of ground rents with respect to each ground lease (to the extent such information is reasonably available). To the extent that the related Mortgage Loan Documents require Investment File requires Escrow Payments to be made by a BorrowerUnderlying Obligor, the Master Servicer shall use Reasonable Best Efforts to obtain, from time to time, all bills for the payment of such items, and shall effect payment prior to the applicable penalty or termination date, employing for such purpose Escrow Payments paid by the Borrower Underlying Obligor pursuant to the terms of the Mortgage Loan Investment and deposited in the related Escrow Account by Servicer. To the Master Servicerextent that the Investment does not require an Underlying Obligor to make Escrow Payments, Servicer shall use its Best Efforts to require that any such payment be made by Underlying Obligors prior to the applicable penalty or termination date. Subject to Section 3.05 3.5 with respect to the payment of insurance premiums, if a Borrower Underlying Obligor fails to make any such payment on a timely basis or collections from the Borrower Underlying Obligor are insufficient to pay any such item when due, the amount of any shortfall shall be paid by the Master Servicer as a Servicing Expense in accordance with Sections 3.03 and 5.02, provided that the Master Servicer has consulted with the Owner regarding the timing for payment of taxes, assessments and other similar itemsExpense.
Appears in 1 contract
Sources: Interim Servicing Agreement (Ares Commercial Real Estate Corp)
Escrow Accounts; Collection of Taxes, Assessments and Similar Items. (a) With respect to the Mortgage Loans described in the Mortgage Loan Schedule, and subject Subject to and as required by the terms of the related Mortgage Loan Documents, the Master Servicer shall establish and maintain one or more Eligible Accounts (each, an “Escrow Account”) into which any or all Escrow Payments shall be deposited promptly after receipt and identification. Escrow Accounts shall be denominated “Escrow AccountSitus Asset Management LLC, Midland Loan Servicesas Servicer, a Division on behalf of PNC BankWilmington Trust, National Association Association, as trustee, for the benefit of PennyMac Corp. the Holders of the TRTX 2025-FL6 Notes, the other Secured Parties and Various Borrowersthe related Companion Interest Holders” or in such other manner as the Owner prescribesIssuer (or the Collateral Manager on behalf of the Issuer) prescribes (subject to any changes in the identities of the Servicer and/or the Trustee). The Master Servicer shall notify the Owner Issuer, the Collateral Manager, the Special Servicer, the Note Administrator and the Trustee in writing of the location and account number of each Escrow Account it establishes and shall notify the Owner prior to Issuer, the Collateral Manager, the Special Servicer, the Note Administrator and the Trustee promptly after any change thereof. Withdrawals Except as provided herein (including without limitation, the withdrawals described in the following sentence, which may be made without Issuer, Special Servicer or the Collateral Manager consent), withdrawals of amounts from an Escrow Account may be mademade only following notice to, and consent of, the Special Servicer subject to consent and consultation provisions set forth in Section 3.23). Subject to any express provisions to the contrary herein, to applicable laws, and to the terms of the related Mortgage Loan Documents governing the use of the Escrow Payments, onlywithdrawals of amounts from an Escrow Account may only be made: (i) to effect payment of taxes, assessments, assessments and insurance premiums, (ii) to effect payment of ground rents and other items required or permitted to be paid from escrow; , (iiiii) to refund to the Borrowers related Obligors any sums determined to be in excess of the amounts required to be deposited therein; , (iiiiv) to pay interest, if required under the Mortgage Loan Documents, to the Borrowers Obligors on balances in the Escrow Accounts; , (ivv) to pay to the Master Servicer from time to time any interest or investment income earned on funds deposited therein pursuant to Section 3.04; , (vvi) to apply funds to the indebtedness of the Mortgage Loan in accordance with the terms thereof; , (vivii) to reimburse the Owner Servicer or the Special Servicer, the Collateral Manager or the Advancing Agent, as the case may be, for any Servicing Expense Advance or Servicing Expense, as the case may be, for which Escrow Payments should have been made by the BorrowersObligors, but only from amounts received on the Mortgage Loan which represent late collections of Escrow Payments thereunder; , (viiviii) to withdraw any amount deposited in the Escrow Accounts which was not required to be deposited therein; therein or (viiiix) to clear and terminate the Escrow Accounts at the termination of this Agreement.
(b) The Master Servicer shall maintain accurate records with respect to each Mortgaged Property securing a Serviced Loan, reflecting the status of taxes, assessments and other similar items that are or may become a lien thereon and the status of insurance premiums payable with respect thereto as well as the payment of ground rents with respect to each ground lease (to the extent such information is reasonably available). To the extent that the related Mortgage Loan Documents require Escrow Payments to be made by an Obligor under a BorrowerServiced Loan, the Master Servicer shall use Reasonable Efforts reasonable efforts to obtain, from time to time, all bills for the payment of such items, and shall effect payment prior to the applicable penalty or termination date, employing for such purpose Escrow Payments paid by the Borrower such Obligor under a Serviced Loan pursuant to the terms of the Mortgage Loan Documents and deposited in the related Escrow Account by the Master Servicer. To the extent that the Loan Documents do not require an Obligor to make Escrow Payments (and no other loan secured by the Mortgaged Property requires escrows or reserves for such amounts), the Servicer shall use its reasonable efforts to require that any tax, insurance or other payment referenced in the definition of Escrow Payment be made by such Obligors prior to the applicable penalty or termination date (to the extent that the holder of the related Loan has the right to so require). Subject to Section 3.05 with respect to the payment of insurance premiums, if an Obligor under a Borrower Serviced Loan fails to make any such payment on a timely basis or collections from the Borrower such Obligor are insufficient to pay any such item when duedue and the holder of the related Loan has the right to pay such premiums on behalf of such Obligor pursuant to the terms of the related Loan Documents, the amount of any shortfall shall be paid by the Master Servicer Advancing Agent, subject to Section 5.02, as a Servicing Expense in accordance with Sections 3.03 and 5.02, provided that the Master Servicer has consulted with the Owner regarding the timing for payment of taxes, assessments and other similar itemsAdvance.
Appears in 1 contract
Escrow Accounts; Collection of Taxes, Assessments and Similar Items. (a) With respect to the Mortgage Loans described in the Mortgage Loan Schedule, and subject to to, and as required by by, the terms of the related Mortgage Loan Asset Documents, the Master Servicer has caused to be established and maintained with Subservicers, or shall establish cause to be established and maintain maintained, one or more Eligible Accounts custodial accounts (each, an “Escrow Account”) into which any or all Escrow Payments shall be deposited promptly after receipt and identificationidentification if Escrow Funds are delivered in immediately available funds, or as soon as such payments constitute collected funds (if Borrower pays by check). Escrow Accounts shall be Eligible Accounts denominated “Escrow Account, Midland Loan Services, a Division [Name of PNC Bank, National Association Subservicer] in Trust for the benefit Sun Life Assurance Company of PennyMac Corp. and Various BorrowersCanada (U.S.)” or in such other manner as the Owner prescribes. Each Escrow Account shall only hold funds related to a Loan Asset, which may be commingled funds with respect to the Owner’s other Loan Assets, but which may not be commingled with other funds of Subservicer, Servicer or owners of other loan assets. The Master Servicer shall notify the Owner in writing of the location and account number of each Escrow Account it establishes and shall notify the Owner prior to any change thereof. Withdrawals of amounts from an Escrow Account may be made, subject to any express provisions to the contrary herein, applicable laws, and to the terms of the related Mortgage Loan Asset Documents governing the use of the Escrow Payments, only: (i) to effect payment of taxes, assessments, insurance premiums, ground rents and other items required or permitted to be paid from escrow; (ii) to refund to the Borrowers any sums determined to be in excess of the amounts required to be deposited therein; (iii) to pay interest, if required under the Mortgage Loan Asset Documents, to the Borrowers on balances in the Escrow Accounts; (iv) to pay to the Master Servicer Owner from time to time any interest or investment income earned on funds deposited therein pursuant to Section 3.04; (v) to apply funds to the indebtedness of the Mortgage Loan Asset in accordance with the terms thereofof the Loan Asset Documents; (vi) to reimburse the Owner for any Servicing Expense or Servicing Advance for which Escrow Payments should have been made by the Borrowers, but only from amounts received on the Mortgage Loan which represent late collections of Escrow Payments thereunder; (vii) to withdraw any amount deposited in the Escrow Accounts which was not required to be deposited therein; or (viii) to clear and terminate the Escrow Accounts at the termination of this Agreement; or (ix) to pay or reimburse tenant improvement costs or leasing commissions or to return good faith deposits or other holdbacks to Borrowers in accordance with the applicable Loan Asset Documents.
(b) The Master Servicer shall maintain accurate records with respect to each Mortgaged Property reflecting the status of taxes, assessments and other similar items that are or may become a lien thereon and the status of insurance premiums payable with respect thereto as well as the payment of ground rents with respect to each ground lease (to the extent such information is reasonably available). To the extent that the related Loan Asset Documents for a Mortgage Loan Documents require Escrow Payments to be made by a Borrower, the Master Servicer shall use Reasonable Efforts to obtainobtain from such Borrower, from time to time, all bills for the payment of such items, and shall use Best Efforts to effect payment prior to the applicable penalty or termination date, employing for such purpose Escrow Payments paid by the Borrower pursuant to the terms of the Mortgage Loan and deposited in the related Escrow Account by the Master Servicer. To the extent that the Mortgage Loan does not require a Borrower to make Escrow Payments, the Servicer shall use its Best Efforts to require that any such payment be made by the Borrowers prior to the applicable penalty or termination date. Subject to Section 3.05 with respect to the payment of insurance premiums, if a Borrower fails to make any such payment on a timely basis or collections from the Borrower are insufficient to pay any such item when due, the amount of any shortfall shall may be paid by the Master Servicer as a Servicing Expense in accordance with Sections 3.03 and 5.02, provided that the Master Servicer has consulted with the Owner regarding the timing for payment of taxes, assessments and other similar itemsAdvance.
Appears in 1 contract
Escrow Accounts; Collection of Taxes, Assessments and Similar Items. (a) With respect to the Mortgage Loans described in the Mortgage Loan Schedule, and subject Subject to and as required by the terms of the related Mortgage Loan DocumentsUnderlying Instruments, the Master Servicer shall establish and maintain one or more Eligible Accounts (each, an “Escrow Account”) into which any or all Escrow Payments shall be deposited promptly after receipt and identificationidentification to the extent such Escrow Payments are provided for under such Underlying Instruments. Escrow Accounts shall be denominated “Escrow Account, Midland Loan Services, a Division in the name of PNC Bank, National Association for the benefit of PennyMac Corp. and Various Borrowers” Issuer or in such other manner as the Owner Issuer (or the Collateral Manager on behalf of the Issuer) prescribes. The Master Servicer shall notify the Owner Issuer, the Trustee and the Collateral Manager in writing of the location and account number of each Escrow Account it establishes and shall notify the Owner Issuer, the Trustee and the Collateral Manager prior to any change thereof. Withdrawals Except as provided herein, withdrawals of amounts from an Escrow Account may be mademade only following notice to, subject and consent of, the Issuer (or the Collateral Manager on behalf of the Issuer). Subject to any express provisions to the contrary herein, to applicable laws, and to the terms of the related Mortgage Loan Documents Underlying Instruments governing the use of the Escrow Payments, onlywithdrawals of amounts from an Escrow Account may only be made: (i) to effect payment of taxes, assessments, assessments and insurance premiums, ; (ii) to effect payment of ground rents and other items required or permitted to be paid from escrow; (iiiii) to refund to the Borrowers Obligors any sums determined to be in excess of the amounts required to be deposited therein; (iiiiv) to pay interest, if required under the Mortgage Loan DocumentsUnderlying Instruments, to the Borrowers Obligors on balances in the Escrow Accounts; (ivv) to pay to the Master Servicer from time to time any interest or investment income earned on funds deposited therein pursuant to Section 3.04; (vvi) to apply funds to the indebtedness of the Mortgage Loan Collateral Obligation in accordance with the terms thereof; (vivii) to reimburse the Owner Servicer or the Special Servicer, or the Collateral Manager or the Issuer, as the case may be, for any Servicing Expense Advance or Servicing Expense, as the case may be, for which Escrow Payments should have been made by the BorrowersObligors, but only from amounts received on the Mortgage Loan Collateral Obligation which represent late collections of Escrow Payments thereunder; (viiviii) to withdraw any amount deposited in the Escrow Accounts which was not required to be deposited therein; or (viiiix) to clear and terminate the Escrow Accounts at the termination of this Agreement; or (x) as otherwise permitted pursuant to the Underlying Instruments. Without the prior consent of the Issuer or the Collateral Manager, the Servicer may make withdrawals from the Escrow Accounts to pay items 3.02(a)(i) and (v) above; provided, however, the Servicer shall give the Issuer notice of such payments.
(b) The Master Servicer shall maintain accurate records with respect to each Mortgaged Property Underlying Mortgage Property, reflecting the status of taxes, assessments and other similar items that are or may become a lien thereon and the status of insurance premiums payable with respect thereto as well as the payment of ground rents with respect to each ground lease (to the extent (i) such information is reasonably availableavailable and (ii) in the case of B Notes, Participations and Mezzanine Loans, such information is not otherwise provided to the Issuer pursuant to a related intercreditor or participation agreement). To the extent that the related Mortgage Loan Documents Underlying Instruments require Escrow Payments to be made by a Borroweran Obligor, the Master Servicer shall use Reasonable Efforts reasonable efforts to obtain, from time to time, all bills for the payment of such items, and shall effect payment prior to the applicable penalty or termination date, employing for such purpose Escrow Payments paid by the Borrower Obligor pursuant to the terms of the Mortgage Loan Underlying Instruments and deposited in the related Escrow Account by the Master Servicer. To the extent that the Underlying Instruments do not require an Obligor to make Escrow Payments (and no other loan secured by the related Underlying Mortgage Property requires escrows or reserves for such amounts), the Servicer shall use its reasonable efforts to require that any tax, insurance or other payment referenced in the definition of Escrow Payment be made by the Obligors prior to the applicable penalty or termination date (to the extent that the holder of the related Collateral Obligation has the right to so require). Subject to Section 3.05 with respect to the payment of insurance premiums, if a Borrower an Obligor fails to make any such payment on a timely basis or collections from the Borrower Obligor are insufficient to pay any such item when duedue and the holder of the related Collateral Obligation has the right to pay such premiums on behalf of the Obligor pursuant to the terms of the related Underlying Instruments, the amount of any shortfall shall be paid by the Master Servicer to the extent required in accordance with Accepted Servicing Practices (or, if the Servicer fails to pay such shortfall, the Collateral Manager), subject to Section 5.02, as a Servicing Expense in accordance with Sections 3.03 and 5.02Advance, provided that the Master Servicer or the Collateral Manager, as the case may be, has consulted with the Owner Issuer regarding the timing for payment of taxes, assessments and other similar items.
Appears in 1 contract
Escrow Accounts; Collection of Taxes, Assessments and Similar Items. (a) With respect to the Mortgage Loans described in the Mortgage Loan Schedule, and subject Subject to and as required by the terms of the related Mortgage Loan Documents, the Master Servicer shall establish and maintain one or more Eligible Accounts (each, an “Escrow Account”) into which any or all Escrow Payments shall be deposited promptly after receipt and identification. Escrow Accounts shall be denominated “Escrow Account, Midland Loan Services, a Division of PNC ▇▇▇▇▇ Fargo Bank, National Association Association, as Servicer, on behalf of Wilmington Trust, National Association, as trustee, for the benefit of PennyMac Corp. the Holders of the GPMT 2021-FL3 Notes, the other Secured Parties and Various Borrowersthe related Companion Participation Holders” or in such other manner as the Owner Issuer (or the Special Servicer on behalf of the Issuer) prescribes. The Master Servicer shall notify the Owner Issuer, the Special Servicer, the Note Administrator and the Trustee in writing of the location and account number of each Escrow Account it establishes and shall notify the Owner prior to Issuer, the Special Servicer, the Note Administrator and the Trustee promptly after any change thereof. Withdrawals Except as provided herein (including without limitation, the withdrawals described in the following sentence, which may be made without Issuer, Special Servicer or the Subordinate Class Representative (or, with respect to a Non-CLO Controlled Collateral Interest, the holder of the related Directing Holder) consent), withdrawals of amounts from an Escrow Account may be mademade only following notice to, and consent of, the Special Servicer subject to the consent and consultation provisions set forth in Section 3.23. Subject to any express provisions to the contrary herein, to applicable laws, and to the terms of the related Mortgage Loan Documents governing the use of the Escrow Payments, onlywithdrawals of amounts from an Escrow Account may only be made: (i) to effect payment of taxes, assessments, assessments and insurance premiums, ; (ii) to effect payment of ground rents and other items required or permitted to be paid from escrow; (iiiii) to refund to the Borrowers related Obligors any sums determined to be in excess of the amounts required to be deposited therein; (iiiiv) to pay interest, if required under the Mortgage Loan Documents, to the Borrowers Obligors on balances in the Escrow Accounts; (ivv) to pay to the Master Servicer from time to time any interest or investment income earned on funds deposited therein pursuant to Section 3.04; (vvi) to apply funds to the indebtedness of the Mortgage Serviced Commercial Real Estate Loan in accordance with the terms thereof; (vivii) to reimburse the Owner Servicer or the Special Servicer, or the Advancing Agent, as the case may be, for any Servicing Expense Advance or Servicing Expense, as the case may be, for which Escrow Payments should have been made by the BorrowersObligors, but only from amounts received on the Mortgage Serviced Commercial Real Estate Loan which represent late collections of Escrow Payments thereunder; (viiviii) to withdraw any amount deposited in the Escrow Accounts which was not required to be deposited therein; or (viiiix) to clear and terminate the Escrow Accounts at the termination of this Agreement.
(b) The Master Servicer shall maintain accurate records with respect to each Mortgaged Property securing a Serviced Commercial Real Estate Loan, reflecting the status of taxes, assessments and other similar items that are or may become a lien thereon and the status of insurance premiums payable with respect thereto as well as the payment of ground rents with respect to each ground lease (to the extent such information is reasonably available). To the extent that the related Mortgage Loan Documents require Escrow Payments to be made by an Obligor under a BorrowerServiced Commercial Real Estate Loan, the Master Servicer shall use Reasonable Efforts reasonable efforts to obtain, from time to time, all bills for the payment of such items, and shall effect payment prior to the applicable penalty or termination date, employing for such purpose Escrow Payments paid by the Borrower such Obligor under a Serviced Commercial Real Estate Loan pursuant to the terms of the Mortgage Loan Documents and deposited in the related Escrow Account by the Master Servicer. To the extent that the Loan Documents do not require an Obligor under a Serviced Commercial Real Estate Loan to make Escrow Payments (and no other loan secured by the Mortgaged Property requires escrows or reserves for such amounts), the Servicer shall use its reasonable efforts to require that any tax, insurance or other payment referenced in the definition of Escrow Payment be made by such Obligors prior to the applicable penalty or termination date (to the extent that the holder of the related Serviced Commercial Real Estate Loan has the right to so require). Subject to Section 3.05 with respect to the payment of insurance premiums, if an Obligor under a Borrower Serviced Commercial Real Estate Loan fails to make any such payment on a timely basis or collections from the Borrower such Obligor are insufficient to pay any such item when duedue and the holder of the related Serviced Commercial Real Estate Loan has the right to pay such premiums on behalf of such Obligor pursuant to the terms of the related Loan Documents, the amount of any shortfall shall be paid by the Master Servicer Advancing Agent, subject to Section 5.02, as a Servicing Expense in accordance with Sections 3.03 and 5.02, provided that the Master Servicer has consulted with the Owner regarding the timing for payment of taxes, assessments and other similar itemsAdvance.
Appears in 1 contract
Sources: Servicing Agreement (Granite Point Mortgage Trust Inc.)
Escrow Accounts; Collection of Taxes, Assessments and Similar Items. (a) With respect to the Mortgage Loans described in the Mortgage Loan Schedule, and subject Subject to and as required by the terms of the related Mortgage Loan Documents, the Master Servicer shall establish and maintain one or more Eligible Accounts segregated custodial accounts (each, an “"Escrow Account”") into which any or all Escrow Payments shall be deposited promptly after receipt and identification. Escrow Accounts shall be Eligible Accounts and shall be denominated “"Escrow Account, Midland Loan Services[Servicer] in trust for Wilmington Trust Company, a Division of PNC Bankas Owner Trustee, National Association for the benefit of PennyMac Corp. the FINOVA Commercial Mortgage Loan Asset-Backed Certificates 1998-1 and Various certain Borrowers” or in such other manner as the Owner prescribes. ." The Master Servicer shall notify the Owner Initial Class A Certificateholder in writing of the location and account number of each Escrow Account it establishes and shall notify the Owner Initial Class A Certificateholder prior to any change thereof. Withdrawals of amounts from an Escrow Account may be made, subject to any express provisions to the contrary herein, applicable laws, and to the terms of the related Mortgage Loan Documents governing the use of the Escrow Payments, only: (i) to effect payment of taxes, assessments, insurance premiums, ground rents and other items required or permitted to be paid from escrow; (ii) to refund to the Borrowers any sums determined to be in excess of the amounts required to be deposited therein; (iii) to pay interest, if required under the Mortgage Loan Documents, to the Borrowers on balances in the Escrow Accounts; (iv) to pay to the Master Servicer from time to time any interest or investment income earned on funds deposited therein pursuant to Section 3.04provided such funds are invested in Permitted Investments; (v) to apply funds to the indebtedness or outstanding capital contribution, as applicable, of the Mortgage Loan in accordance with the terms thereof; (vi) to reimburse the Owner Servicer for any Servicing Expense or Servicing Advance for which Escrow Payments should have been made by the Borrowers, but only from amounts received on the Mortgage Loan which represent late collections of Escrow Payments thereunder; (vii) to withdraw any amount deposited in the Escrow Accounts which was not required to be deposited therein; or (viii) to clear and terminate the Escrow Accounts at the termination of this Agreement.
(b) The Master Servicer shall maintain accurate records with respect to each Mortgaged Property reflecting the status of taxes, assessments and other similar items that are or may become a lien thereon and the status of insurance premiums payable with respect thereto as well as the payment of ground rents with respect to each ground lease Ground Lease (to the extent such information is reasonably available). To the extent that the related Mortgage Loan Documents require Escrow Payments to be made by a Borrower, the Master Servicer shall use Reasonable Efforts to obtain, from time to time, all bills for the payment of such items, and shall effect payment prior to the applicable penalty or -80- 88 termination date, employing for such purpose Escrow Payments paid by the Borrower pursuant to the terms of the Mortgage Loan and deposited in the related Escrow Account by the Master Servicer. To the extent that the Loan does not require a Borrower to make Escrow Payments, the Servicer shall use its best efforts to require that any such payment be made by the Borrowers prior to the applicable penalty or termination date. Subject to Section 3.05 5.05 with respect to the payment of insurance premiums, if a Borrower fails to make any such payment on a timely basis or collections from the Borrower are insufficient to pay any such item when due, the amount of any shortfall shall be paid by the Master Servicer as a Servicing Expense in accordance with Sections 3.03 and 5.02, provided that the Master Servicer has consulted with the Owner regarding the timing for payment of taxes, assessments and other similar itemsAdvance.
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Escrow Accounts; Collection of Taxes, Assessments and Similar Items. (a) With respect to the Mortgage Loans described in the Mortgage Loan Schedule, and subject Subject to and as required by the terms of the related Mortgage Loan Documents, the Master Servicer shall establish and maintain one or more Eligible Accounts (each, an “Escrow Account”) into which any or all Escrow Payments shall be deposited promptly after receipt and identification. Escrow Accounts shall be denominated “Escrow Account, Midland Loan Services, a Division of PNC ▇▇▇▇▇ Fargo Bank, National Association Association, as Servicer, on behalf of Wilmington Trust, National Association, as trustee, for the benefit of PennyMac Corp. the Holders of the GPMT 2019-FL2 Notes, the other Secured Parties and Various Borrowers” or in such other manner as the Owner prescribesrelated Companion Participation Holders”. The Master Servicer shall notify the Owner Issuer, the Collateral Manager, the Special Servicer, the Note Administrator and the Trustee in writing of the location and account number of each Escrow Account it establishes and shall notify the Owner prior to Issuer, the Collateral Manager, the Special Servicer, the Note Administrator and the Trustee promptly after any change thereof. Withdrawals Except as provided herein (including without limitation, the withdrawals described in the following sentence, which may be made without Issuer, Special Servicer or Collateral Manager (or, with respect to a Non-CLO Controlled Collateral Interest, the holder of the related Controlling Companion Participation) consent), withdrawals of amounts from an Escrow Account may be mademade only following notice to, and consent of, the Special Servicer subject to the consent and consultation provisions set forth in Section 3.23. Subject to any express provisions to the contrary herein, to applicable laws, and to the terms of the related Mortgage Loan Documents governing the use of the Escrow Payments, onlywithdrawals of amounts from an Escrow Account may only be made: (i) to effect payment of taxes, assessments, assessments and insurance premiums, ; (ii) to effect payment of ground rents and other items required or permitted to be paid from escrow; (iiiii) to refund to the Borrowers related Obligors any sums determined to be in excess of the amounts required to be deposited therein; (iiiiv) to pay interest, if required under the Mortgage Loan Documents, to the Borrowers Obligors on balances in the Escrow Accounts; (ivv) to pay to the Master Servicer from time to time any interest or investment income earned on funds deposited therein pursuant to Section 3.04; (vvi) to apply funds to the indebtedness of the Mortgage Serviced Commercial Real Estate Loan in accordance with the terms thereof; (vivii) to reimburse the Owner Servicer or the Special Servicer, the Collateral Manager or the Advancing Agent, as the case may be, for any Servicing Expense Advance or Servicing Expense, as the case may be, for which Escrow Payments should have been made by the BorrowersObligors, but only from amounts received on the Mortgage Serviced Commercial Real Estate Loan which represent late collections of Escrow Payments thereunder; (viiviii) to withdraw any amount deposited in the Escrow Accounts which was not required to be deposited therein; or (viiiix) to clear and terminate the Escrow Accounts at the termination of this Agreement.
(b) The Master Servicer shall maintain accurate records with respect to each Mortgaged Property securing a Serviced Commercial Real Estate Loan, reflecting the status of taxes, assessments and other similar items that are or may become a lien thereon and the status of insurance premiums payable with respect thereto as well as the payment of ground rents with respect to each ground lease (to the extent such information is reasonably available). To the extent that the related Mortgage Loan Documents require Escrow Payments to be made by an Obligor under a BorrowerServiced Commercial Real Estate Loan, the Master Servicer shall use Reasonable Efforts reasonable efforts to obtain, from time to time, all bills for the payment of such items, and shall effect payment prior to the applicable penalty or termination date, employing for such purpose Escrow Payments paid by the Borrower such Obligor under a Serviced Commercial Real Estate Loan pursuant to the terms of the Mortgage Loan Documents and deposited in the related Escrow Account by the Master Servicer. To the extent that the Loan Documents do not require an Obligor under a Serviced Commercial Real Estate Loan to make Escrow Payments (and no other loan secured by the Mortgaged Property requires escrows or reserves for such amounts), the Servicer shall use its reasonable efforts to require that any tax, insurance or other payment referenced in the definition of Escrow Payment be made by such Obligors prior to the applicable penalty or termination date (to the extent that the holder of the related Serviced Commercial Real Estate Loan has the right to so require). Subject to Section 3.05 with respect to the payment of insurance premiums, if an Obligor under a Borrower Serviced Commercial Real Estate Loan fails to make any such payment on a timely basis or collections from the Borrower such Obligor are insufficient to pay any such item when duedue and the holder of the related Serviced Commercial Real Estate Loan has the right to pay such premiums on behalf of such Obligor pursuant to the terms of the related Loan Documents, the amount of any shortfall shall be paid by the Master Servicer Advancing Agent, subject to Section 5.02, as a Servicing Expense in accordance with Sections 3.03 and 5.02, provided that the Master Servicer has consulted with the Owner regarding the timing for payment of taxes, assessments and other similar itemsAdvance.
Appears in 1 contract
Sources: Servicing Agreement (Granite Point Mortgage Trust Inc.)
Escrow Accounts; Collection of Taxes, Assessments and Similar Items. (a) With respect to the Mortgage Loans described in the Mortgage Loan Schedule, and subject Subject to and as required by the terms of the related Mortgage Loan Asset Documents, the Master Servicer shall establish and maintain one or more Eligible Accounts (each, an “Escrow Account”) into which any or all Escrow Payments shall be deposited promptly after receipt and identification. Escrow Accounts shall be denominated “Escrow AccountSitus Asset Management LLC, Midland Loan Servicesas Servicer, a Division on behalf of PNC BankWilmington Trust, National Association Association, as trustee, for the benefit of PennyMac Corp. the Holders of the TRTX 2019-FL3 Notes, the other Secured Parties and Various Borrowersthe related Companion Participation Holders” or in such other manner as the Owner Issuer (or the Collateral Manager on behalf of the Issuer) prescribes. The Master Servicer shall notify the Owner Issuer, the Collateral Manager, the Special Servicer, the Note Administrator and the Trustee in writing of the location and account number of each Escrow Account it establishes and shall notify the Owner prior to Issuer, the Collateral Manager, the Special Servicer, the Note Administrator and the Trustee promptly after any change thereof. Withdrawals Except as provided herein (including without limitation, the withdrawals described in the following sentence, which may be made without Issuer, Special Servicer or the Collateral Manager (or, with respect to a Non-Controlled Collateral Interest, the holder of the related controlling Companion Participation) consent), withdrawals of amounts from an Escrow Account may be mademade only following notice to, and consent of, the Special Servicer subject to consent and consultation provisions set forth in Section 3.23). Subject to any express provisions to the contrary herein, to applicable laws, and to the terms of the related Mortgage Loan Asset Documents governing the use of the Escrow Payments, onlywithdrawals of amounts from an Escrow Account may only be made: (i) to effect payment of taxes, assessments, assessments and insurance premiums, (ii) to effect payment of ground rents and other items required or permitted to be paid from escrow; , (iiiii) to refund to the Borrowers related Obligors any sums determined to be in excess of the amounts required to be deposited therein; , (iiiiv) to pay interest, if required under the Mortgage Loan Asset Documents, to the Borrowers Obligors on balances in the Escrow Accounts; , (ivv) to pay to the Master Servicer from time to time any interest or investment income earned on funds deposited therein pursuant to Section 3.04; , (vvi) to apply funds to the indebtedness of the Mortgage Commercial Real Estate Loan in accordance with the terms thereof; , (vivii) to reimburse the Owner Servicer or the Special Servicer, the Collateral Manager or the Advancing Agent, as the case may be, for any Servicing Expense Advance or Servicing Expense, as the case may be, for which Escrow Payments should have been made by the BorrowersObligors, but only from amounts received on the Mortgage Commercial Real Estate Loan which represent late collections of Escrow Payments thereunder; , (viiviii) to withdraw any amount deposited in the Escrow Accounts which was not required to be deposited therein; therein or (viiiix) to clear and terminate the Escrow Accounts at the termination of this Agreement.
(b) The Master Servicer shall maintain accurate records with respect to each Mortgaged Property securing a Serviced Loan, reflecting the status of taxes, assessments and other similar items that are or may become a lien thereon and the status of insurance premiums payable with respect thereto as well as the payment of ground rents with respect to each ground lease (to the extent such information is reasonably available). To the extent that the related Mortgage Loan Asset Documents require Escrow Payments to be made by an Obligor under a BorrowerServiced Loan, the Master Servicer shall use Reasonable Efforts reasonable efforts to obtain, from time to time, all bills for the payment of such items, and shall effect payment prior to the applicable penalty or termination date, employing for such purpose Escrow Payments paid by the Borrower such Obligor under a Serviced Loan pursuant to the terms of the Mortgage Loan Asset Documents and deposited in the related Escrow Account by the Master Servicer. To the extent that the Asset Documents do not require an Obligor to make Escrow Payments (and no other loan secured by the Mortgaged Property requires escrows or reserves for such amounts), the Servicer shall use its reasonable efforts to require that any tax, insurance or other payment referenced in the definition of Escrow Payment be made by such Obligors prior to the applicable penalty or termination date (to the extent that the holder of the related Commercial Real Estate Loan has the right to so require). Subject to Section 3.05 with respect to the payment of insurance premiums, if an Obligor under a Borrower Serviced Loan fails to make any such payment on a timely basis or collections from the Borrower such Obligor are insufficient to pay any such item when duedue and the holder of the related Commercial Real Estate Loan has the right to pay such premiums on behalf of such Obligor pursuant to the terms of the related Asset Documents, the amount of any shortfall shall be paid by the Master Servicer Advancing Agent, subject to Section 5.02, as a Servicing Expense in accordance with Sections 3.03 and 5.02, provided that the Master Servicer has consulted with the Owner regarding the timing for payment of taxes, assessments and other similar itemsAdvance.
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Escrow Accounts; Collection of Taxes, Assessments and Similar Items. (a) 3.2.1 With respect to the Mortgage Loans described in the Mortgage Loan ScheduleInvestments, and subject to and as required by the terms of the related Mortgage Loan DocumentsInvestment File, the Master Servicer shall establish and maintain one or more Eligible Accounts segregated interest bearing accounts in the name of Owner and at the bank approved by Owner (each, an “"Escrow Account”") into which any or all Escrow Payments shall be deposited promptly within two Business Days after receipt and identification. Escrow Accounts shall be denominated “Escrow Accounteither "Ares Commercial Real Estate Servicer LLC as agent for ACRC Lender C LLC, Midland Loan Servicestogether with its respective successors or assigns" or "[insert name of appropriate Mortgagor] Ares Commercial Real Estate Servicer LLC as agent for ACRC Lender C LLC, a Division of PNC Bank, National Association for the benefit of PennyMac Corp. and Various Borrowers” together with its respective successors or in such other manner as the Owner prescribesassigns". The Master Servicer shall notify the Owner in writing of the location and account number of each Escrow Account it establishes and shall notify the Owner prior to any change thereof. Withdrawals of amounts from an Escrow Account may be made, subject to any express provisions to the contrary herein, applicable laws, and to the terms of the related Mortgage Loan Documents Investment File governing the use of the Escrow Payments, only: (i) to effect payment of taxes, assessments, insurance premiums, ground rents and other items required or permitted to be paid from escrow; (ii) to refund to the Borrowers Mortgagors any sums determined to be in excess of the amounts required to be deposited therein; (iii) to pay interest, if required under the Mortgage Loan DocumentsInvestment File, to the Borrowers Mortgagors on balances in the Escrow Accounts; (iv) to pay to the Master Servicer from time to time any interest or investment income earned on funds deposited therein pursuant to Section 3.043.4; (v) to apply funds to the indebtedness of the Mortgage Loan Investment in accordance with the terms thereof; (vi) to reimburse the Owner Servicer or Special Servicer for any Servicing Expense for which Escrow Payments should have been made by the BorrowersMortgagors, but only from amounts received on the Mortgage Loan which Investment that represent late collections of Escrow Payments thereunder; (vii) to withdraw any amount deposited in the Escrow Accounts which that was not required to be deposited therein; or (viii) to clear and terminate the Escrow Accounts at the termination of this Agreement.
(b) The Master 3.2.2 Servicer shall maintain accurate records with respect to each Mortgaged Property reflecting the status of taxes, assessments and other similar items that are or may become a lien thereon and the status of insurance premiums payable with respect thereto as well as the payment of ground rents with respect to each ground lease (to the extent such information is reasonably available). To the extent that the related Mortgage Loan Documents require Investment File requires Escrow Payments to be made by a BorrowerMortgagor, the Master Servicer shall use Reasonable Best Efforts to obtain, from time to time, all bills for the payment of such items, and shall effect payment prior to the applicable penalty or termination date, employing for such purpose Escrow Payments paid by the Borrower Mortgagor pursuant to the terms of the Mortgage Loan Investment and deposited in the related Escrow Account by Servicer. To the Master Servicerextent that the Investment does not require a Mortgagor to make Escrow Payments, Servicer shall use its Best Efforts to require that any such payment be made by Mortgagors prior to the applicable penalty or termination date. Subject to Section 3.05 3.5 with respect to the payment of insurance premiums, if a Borrower Mortgagor fails to make any such payment on a timely basis or collections from the Borrower Mortgagor are insufficient to pay any such item when due, the amount of any shortfall shall be paid by the Master Servicer as a Servicing Expense in accordance with Sections 3.03 and 5.02, provided that the Master Servicer has consulted with the Owner regarding the timing for payment of taxes, assessments and other similar itemsExpense.
Appears in 1 contract
Sources: Interim Servicing Agreement (Ares Commercial Real Estate Corp)
Escrow Accounts; Collection of Taxes, Assessments and Similar Items. (a) With respect to the Mortgage Loans described in the Mortgage Loan Schedule, and subject Subject to and as required by the terms of the related Mortgage Loan Documents, the Master Servicer shall establish and maintain one or more Eligible Accounts (each, an “Escrow Account”) into which any or all Escrow Payments shall be deposited promptly after receipt and identification. Escrow Accounts shall be denominated “Escrow Account, Midland Loan Services, a Division of PNC ▇▇▇▇▇ Fargo Bank, National Association Association, as Servicer, on behalf of Wilmington Trust, National Association, as trustee, for the benefit of PennyMac Corp. the Holders of the GPMT 2018-FL1 Notes, the other Secured Parties and Various Borrowersthe related Companion Participation Holders” or in such other manner as the Owner Issuer (or the Special Servicer on behalf of the Issuer) prescribes. The Master Servicer shall notify the Owner Issuer, the Special Servicer, the Note Administrator and the Trustee in writing of the location and account number of each Escrow Account it establishes and shall notify the Owner prior to Issuer, the Special Servicer, the Note Administrator and the Trustee promptly after any change thereof. Withdrawals Except as provided herein (including without limitation, the withdrawals described in the following sentence, which may be made without Issuer, Special Servicer or Directing Holder consent), withdrawals of amounts from an Escrow Account may be mademade only following notice to, and consent of, the Special Servicer subject to the consent and consultation provisions set forth in Section 3.23. Subject to any express provisions to the contrary herein, to applicable laws, and to the terms of the related Mortgage Loan Documents governing the use of the Escrow Payments, onlywithdrawals of amounts from an Escrow Account may only be made: (i) to effect payment of taxes, assessments, assessments and insurance premiums, ; (ii) to effect payment of ground rents and other items required or permitted to be paid from escrow; (iiiii) to refund to the Borrowers related Obligors any sums determined to be in excess of the amounts required to be deposited therein; (iiiiv) to pay interest, if required under the Mortgage Loan Documents, to the Borrowers Obligors on balances in the Escrow Accounts; (ivv) to pay to the Master Servicer from time to time any interest or investment income earned on funds deposited therein pursuant to Section 3.04; (vvi) to apply funds to the indebtedness of the Mortgage Commercial Real Estate Loan in accordance with the terms thereof; (vivii) to reimburse the Owner Servicer or the Special Servicer, or the Advancing Agent, as the case may be, for any Servicing Expense Advance or Servicing Expense, as the case may be, for which Escrow Payments should have been made by the BorrowersObligors, but only from amounts received on the Mortgage Commercial Real Estate Loan which represent late collections of Escrow Payments thereunder; (viiviii) to withdraw any amount deposited in the Escrow Accounts which was not required to be deposited therein; or (viiiix) to clear and terminate the Escrow Accounts at the termination of this Agreement.
(b) The Master Servicer shall maintain accurate records with respect to each Mortgaged Property securing a Commercial Real Estate Loan, reflecting the status of taxes, assessments and other similar items that are or may become a lien thereon and the status of insurance premiums payable with respect thereto as well as the payment of ground rents with respect to each ground lease (to the extent such information is reasonably available). To the extent that the related Mortgage Loan Documents require Escrow Payments to be made by a Borroweran Obligor, the Master Servicer shall use Reasonable Efforts reasonable efforts to obtain, from time to time, all bills for the payment of such items, and shall effect payment prior to the applicable penalty or termination date, employing for such purpose Escrow Payments paid by the Borrower pursuant to the terms of the Mortgage Loan and deposited in the related Escrow Account by the Master Servicer. Subject to Section 3.05 with respect to the payment of insurance premiums, if a Borrower fails to make any such payment on a timely basis or collections from the Borrower are insufficient to pay any such item when due, the amount of any shortfall shall be paid by the Master Servicer as a Servicing Expense in accordance with Sections 3.03 and 5.02, provided that the Master Servicer has consulted with the Owner regarding the timing for payment of taxes, assessments and other similar items▇▇▇▇▇▇▇▇.
Appears in 1 contract
Sources: Servicing Agreement (Granite Point Mortgage Trust Inc.)
Escrow Accounts; Collection of Taxes, Assessments and Similar Items. (a) With respect to the Mortgage Loans described in the Mortgage Loan Schedule, and subject Subject to and as required by the terms of the related Mortgage Loan Asset Documents, the Master Servicer shall establish and maintain one or more Eligible Accounts (each, an “Escrow Account”) into which any or all Escrow Payments shall be deposited promptly after receipt and identification. Escrow Accounts shall be denominated “Escrow AccountSitus Asset Management LLC, Midland Loan Servicesas Servicer, a Division on behalf of PNC BankWilmington Trust, National Association Association, as trustee, for the benefit of PennyMac Corp. the Holders of the TRTX 2018-FL2 Notes, the other Secured Parties and Various Borrowersthe related Companion Participation Holders” or in such other manner as the Owner Issuer (or the Collateral Manager on behalf of the Issuer) prescribes. The Master Servicer shall notify the Owner Issuer, the Collateral Manager, the Special Servicer, the Note Administrator and the Trustee in writing of the location and account number of each Escrow Account it establishes and shall notify the Owner prior to Issuer, the Collateral Manager, the Special Servicer, the Note Administrator and the Trustee promptly after any change thereof. Withdrawals Except as provided herein (including without limitation, the withdrawals described in the following sentence, which may be made without Issuer, Special Servicer or the Collateral Manager (or, with respect to a Non-CLO Controlled Mortgage Asset, the holder of the related controlling Companion Participation) consent), withdrawals of amounts from an Escrow Account may be mademade only following notice to, and consent of, the Special Servicer subject to consent and consultation provisions set forth in Section 3.23). Subject to any express provisions to the contrary herein, to applicable laws, and to the terms of the related Mortgage Loan Asset Documents governing the use of the Escrow Payments, onlywithdrawals of amounts from an Escrow Account may only be made: (i) to effect payment of taxes, assessments, assessments and insurance premiums, ; (ii) to effect payment of ground rents and other items required or permitted to be paid from escrow; (iiiii) to refund to the Borrowers related Obligors any sums determined to be in excess of the amounts required to be deposited therein; (iiiiv) to pay interest, if required under the Mortgage Loan Asset Documents, to the Borrowers Obligors on balances in the Escrow Accounts; (ivv) to pay to the Master Servicer from time to time any interest or investment income earned on funds deposited therein pursuant to Section 3.04; (vvi) to apply funds to the indebtedness of the Mortgage Loan in accordance with the terms thereof; (vivii) to reimburse the Owner Servicer or the Special Servicer, the Collateral Manager or the Advancing Agent, as the case may be, for any Servicing Expense Advance or Servicing Expense, as the case may be, for which Escrow Payments should have been made by the BorrowersObligors, but only from amounts received on the Mortgage Loan which represent late collections of Escrow Payments thereunder; (viiviii) to withdraw any amount deposited in the Escrow Accounts which was not required to be deposited therein; or (viiiix) to clear and terminate the Escrow Accounts at the termination of this Agreement.
(b) The Master Servicer shall maintain accurate records with respect to each Mortgaged Property securing a Serviced Mortgage Loan, reflecting the status of taxes, assessments and other similar items that are or may become a lien thereon and the status of insurance premiums payable with respect thereto as well as the payment of ground rents with respect to each ground lease (to the extent such information is reasonably available). To the extent that the related Mortgage Loan Asset Documents require Escrow Payments to be made by an Obligor under a BorrowerServiced Mortgage Loan, the Master Servicer shall use Reasonable Efforts reasonable efforts to obtain, from time to time, all bills for the payment of such items, and shall effect payment prior to the applicable penalty or termination date, employing for such purpose Escrow Payments paid by the Borrower such Obligor under a Serviced Mortgage Loan pursuant to the terms of the Mortgage Loan Asset Documents and deposited in the related Escrow Account by the Master Servicer. To the extent that the Asset Documents do not require an Obligor to make Escrow Payments (and no other loan secured by the Mortgaged Property requires escrows or reserves for such amounts), the Servicer shall use its reasonable efforts to require that any tax, insurance or other payment referenced in the definition of Escrow Payment be made by such Obligors prior to the applicable penalty or termination date (to the extent that the holder of the related Mortgage Loan has the right to so require). Subject to Section 3.05 with respect to the payment of insurance premiums, if an Obligor under a Borrower Serviced Mortgage Loan fails to make any such payment on a timely basis or collections from the Borrower such Obligor are insufficient to pay any such item when duedue and the holder of the related Mortgage Loan has the right to pay such premiums on behalf of such Obligor pursuant to the terms of the related Asset Documents, the amount of any shortfall shall be paid by the Master Servicer Advancing Agent, subject to Section 5.02, as a Servicing Expense in accordance with Sections 3.03 and 5.02, provided that the Master Servicer has consulted with the Owner regarding the timing for payment of taxes, assessments and other similar itemsAdvance.
Appears in 1 contract
Escrow Accounts; Collection of Taxes, Assessments and Similar Items. (a) With respect to the Mortgage Loans described in the Mortgage Loan Schedule, and subject to and as required by the terms of the related Mortgage Loan Documents, the Master Servicer shall establish and maintain one or more Eligible Accounts (each, an “Escrow Account”) into which any or all Escrow Payments shall be deposited promptly within one Business Day after receipt and identification. Escrow Accounts shall be denominated “Escrow Account, Midland Loan Services, a Division of PNC Bank, National Association Inc. in Trust for [the benefit of PennyMac Corp. applicable owner] and Various Borrowers” or in such other manner as the Owner Master Servicer prescribes. The Master Servicer shall notify the Owner Master Servicer in writing of the location and account number of each Escrow Account it establishes and shall notify the Owner Master Servicer prior to any change thereof. Withdrawals of amounts from an Escrow Account may be made, subject to any express provisions to the contrary herein, applicable laws, and to the terms of the related Mortgage Loan Documents governing the use of the Escrow Payments, only: (i) to effect payment of taxes, assessments, insurance premiums, ground rents and other items required or permitted to be paid from escrow; (ii) to refund to the Borrowers any sums determined to be in excess of the amounts required to be deposited therein; (iii) to pay interest, if required under the Mortgage Loan Documents, to the Borrowers on balances in the Escrow Accounts; (iv) to pay to the Master Servicer from time to time any interest or investment income earned on funds deposited therein pursuant to Section 3.04; (v) to apply funds to the indebtedness of the Mortgage Loan in accordance with the terms thereof; (vi) to reimburse the Owner Servicer for any Servicing Expense Advance (including interest thereon at the Advance Rate) for which Escrow Payments should have been made by the Borrowers, but only from amounts received on the Mortgage Loan which represent late collections of Escrow Payments thereunder; (vii) to withdraw any amount deposited in the Escrow Accounts which was not required to be deposited therein; or (viii) to clear and terminate the Escrow Accounts at the termination of this Agreement.
(b) The Master Servicer shall maintain accurate records with respect to each Mortgaged Property reflecting the status of taxes, assessments and other similar items that are or may become a lien thereon and the status of insurance premiums payable with respect thereto as well as the payment of ground rents with respect to each ground lease (to the extent such information is reasonably available). To the extent that the related Mortgage Loan Documents require Escrow Payments to be made by a Borrower, the Master Servicer shall use Reasonable Efforts to obtain, from time to time, all bills for the payment of such items, and shall effect payment prior to the applicable penalty or termination date, employing for such purpose Escrow Payments paid by the Borrower pursuant to the terms of the Mortgage Loan and deposited in the related Escrow Account by the Master Servicer. To the extent that the Mortgage Loan does not require a Borrower to make Escrow Payments, the Servicer shall use its Reasonable Efforts to require that any such payment be made by the Borrower prior to the applicable penalty or termination date. Subject to Section 3.05 with respect to the payment of insurance premiums, if a Borrower fails to make any such payment on a timely basis or collections from the Borrower are insufficient to pay any such item when duedue and the Servicer determines that an advance of such funds would constitute a Recoverable Servicing Advance, the amount of any shortfall Servicer shall be paid by consult with the Master Servicer as a Servicing Expense in accordance with Sections 3.03 and 5.02, provided that the Master Servicer has consulted with the Owner regarding the timing for payment of taxes, assessments and other similar items and upon receipt of approval from the Master Servicer, make a Servicing Advance prior to the applicable penalty or termination date, as allowed under the terms of the related Mortgage Loan and, in any event, consistent with Accepted Servicing Practices. Notwithstanding anything to the contrary in the preceding sentence, with respect to Mortgage Loans that do not provide for escrows for the payment taxes and assessments, the Servicer shall, subject to prompt receipt of approval from the Master Servicer, make a Servicing Advance for the payment of such items upon the earlier of (i) five Business Days after the Servicer has received confirmation that such item has not been paid and (ii) the earlier of (A) 30 days after the date such payments first become due and (B) five Business Days before the scheduled date of foreclosure of any lien arising from nonpayment of such items. In no event shall the Servicer be required to make any such Servicing Advance that would not, if made, be a Recoverable Servicing Advance.
(c) In accordance with Accepted Servicing Practices and for all Mortgage Loans, the Servicer shall consult with the Master Servicer regarding any Servicing Advance and upon receipt of approval from the Master Servicer make a Servicing Advance with respect to each related Mortgaged Property (including any REO Property) of all such funds as are necessary for the purpose of effecting the payment of (without duplication) (i) ground rents (if applicable), (ii) premiums on insurance policies, (iii) operating, leasing, managing and liquidation expenses for REO Properties, (iv) environmental inspections, (v) real estate taxes, assessments and other similar items that are or may become a lien thereon and (vi) any other amount specifically required to be paid as a Servicing Advance hereunder, if and to the extent monies in the Servicing Accounts are insufficient to pay such item when due and the related Borrower has failed to pay such item on a timely basis, provided that the Servicer shall only be required to make any such Servicing Advance that would, if made, constitute a Recoverable Servicing Advance.
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Escrow Accounts; Collection of Taxes, Assessments and Similar Items. (a) With respect to the Mortgage Loans described in the Mortgage Loan Schedule, and subject Subject to and as required by the terms of the related Mortgage Loan Asset Documents, the Master Servicer shall establish and maintain one or more Eligible Accounts (each, an “Escrow Account”) into which any or all Escrow Payments shall be deposited promptly after receipt and identification. Escrow Accounts shall be denominated “Escrow AccountSitus Asset Management LLC, Midland Loan Servicesas Servicer, a Division on behalf of PNC BankWilmington Trust, National Association Association, as trustee, for the benefit of PennyMac Corp. the Holders of the TRTX 2021-FL4 Notes, the other Secured Parties and Various Borrowersthe related Companion Participation Holders” or in such other manner as the Owner Issuer (or the Collateral Manager on behalf of the Issuer) prescribes. The Master Servicer shall notify the Owner Issuer, the Collateral Manager, the Special Servicer, the Note Administrator and the Trustee in writing of the location and account number of each Escrow Account it establishes and shall notify the Owner prior to Issuer, the Collateral Manager, the Special Servicer, the Note Administrator and the Trustee promptly after any change thereof. Withdrawals Except as provided herein (including without limitation, the withdrawals described in the following sentence, which may be made without Issuer, Special Servicer or the Collateral Manager (or, with respect to a Non-Controlled Collateral Interest, the holder of the related controlling Companion Participation) consent), withdrawals of amounts from an Escrow Account may be mademade only following notice to, and consent of, the Special Servicer subject to consent and consultation provisions set forth in Section 3.23). Subject to any express provisions to the contrary herein, to applicable laws, and to the terms of the related Mortgage Loan Asset Documents governing the use of the Escrow Payments, onlywithdrawals of amounts from an Escrow Account may only be made: (i) to effect payment of taxes, assessments, assessments and insurance premiums, (ii) to effect payment of ground rents and other items required or permitted to be paid from escrow; , (iiiii) to refund to the Borrowers related Obligors any sums determined to be in excess of the amounts required to be deposited therein; , (iiiiv) to pay interest, if required under the Mortgage Loan Asset Documents, to the Borrowers Obligors on balances in the Escrow Accounts; , (ivv) to pay to the Master Servicer from time to time any interest or investment income earned on funds deposited therein pursuant to Section 3.04; , (vvi) to apply funds to the indebtedness of the Mortgage Commercial Real Estate Loan in accordance with the terms thereof; , (vivii) to reimburse the Owner Servicer or the Special Servicer, the Collateral Manager or the Advancing Agent, as the case may be, for any Servicing Expense Advance or Servicing Expense, as the case may be, for which Escrow Payments should have been made by the BorrowersObligors, but only from amounts received on the Mortgage Commercial Real Estate Loan which represent late collections of Escrow Payments thereunder; , (viiviii) to withdraw any amount deposited in the Escrow Accounts which was not required to be deposited therein; therein or (viiiix) to clear and terminate the Escrow Accounts at the termination of this Agreement.
(b) The Master Servicer shall maintain accurate records with respect to each Mortgaged Property securing a Serviced Loan, reflecting the status of taxes, assessments and other similar items that are or may become a lien thereon and the status of insurance premiums payable with respect thereto as well as the payment of ground rents with respect to each ground lease (to the extent such information is reasonably available). To the extent that the related Mortgage Loan Asset Documents require Escrow Payments to be made by an Obligor under a BorrowerServiced Loan, the Master Servicer shall use Reasonable Efforts reasonable efforts to obtain, from time to time, all bills for the payment of such items, and shall effect payment prior to the applicable penalty or termination date, employing for such purpose Escrow Payments paid by the Borrower such Obligor under a Serviced Loan pursuant to the terms of the Mortgage Loan Asset Documents and deposited in the related Escrow Account by the Master Servicer. To the extent that the Asset Documents do not require an Obligor to make Escrow Payments (and no other loan secured by the Mortgaged Property requires escrows or reserves for such amounts), the Servicer shall use its reasonable efforts to require that any tax, insurance or other payment referenced in the definition of Escrow Payment be made by such Obligors prior to the applicable penalty or termination date (to the extent that the holder of the related Commercial Real Estate Loan has the right to so require). Subject to Section 3.05 with respect to the payment of insurance premiums, if an Obligor under a Borrower Serviced Loan fails to make any such payment on a timely basis or collections from the Borrower such Obligor are insufficient to pay any such item when duedue and the holder of the related Commercial Real Estate Loan has the right to pay such premiums on behalf of such Obligor pursuant to the terms of the related Asset Documents, the amount of any shortfall shall be paid by the Master Servicer Advancing Agent, subject to Section 5.02, as a Servicing Expense in accordance with Sections 3.03 and 5.02, provided that the Master Servicer has consulted with the Owner regarding the timing for payment of taxes, assessments and other similar itemsAdvance.
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Escrow Accounts; Collection of Taxes, Assessments and Similar Items. (a) With respect to the Mortgage Loans described in the Mortgage Loan Schedule, and subject Subject to and as required by the terms of the related Mortgage Loan Documents, the Master Servicer shall establish and maintain one or more Eligible Accounts (each, an “Escrow Account”) into which any or all Escrow Payments shall be deposited promptly after receipt and identification. Escrow Accounts shall be denominated “Escrow AccountKeyBank National Association, Midland Loan Servicesas Servicer, a Division of PNC Bank, National Association for the benefit of PennyMac Corp. Wilmington Trust, National Association, as trustee, for the benefit of the Holders of the INCREF 2025-FL1 Notes, the other Secured Parties and Various Borrowersthe related Companion Interest Holders” or in such other manner as the Owner prescribesIssuer (or the Collateral Manager on behalf of the Issuer) and Servicer agree. The Master Servicer shall notify the Owner Issuer, the Collateral Manager, the Special Servicer, the Note Administrator and the Trustee in writing of the location and account number of each Escrow Account it establishes and shall notify the Owner prior to Issuer, the Collateral Manager, the Special Servicer, the Note Administrator and the Trustee promptly after any change thereof. Withdrawals Except as provided herein (including without limitation, the withdrawals described in the following sentence, which may be made without Issuer or Special Servicer consent), withdrawals of amounts from an Escrow Account may be mademade only following notice to, subject and consent of, the Issuer (or the Special Servicer on behalf of the Issuer). Subject to any express provisions to the contrary herein, to applicable laws, and to the terms of the related Mortgage Loan Documents governing the use of the Escrow Payments, onlywithdrawals of amounts from an Escrow Account may only be made: (i) to effect payment of taxes, assessments, assessments and insurance premiums, ; (ii) to effect payment of ground rents and other items required or permitted to be paid from escrow; (iiiii) to refund to the Borrowers related Obligors any sums determined to be in excess of the amounts required to be deposited therein; (iiiiv) to pay interest, if required under the Mortgage Loan Documents, to the Borrowers Obligors on balances in the Escrow Accounts; (ivv) to pay to the Master Servicer from time to time any interest or investment income earned on funds deposited therein pursuant to Section 3.04; (vvi) to apply funds to the indebtedness of the Mortgage Loan in accordance with the terms thereof; (vivii) to reimburse the Owner Servicer, the Special Servicer, the Collateral Manager or the Advancing Agent, as the case may be, for any Servicing Expense Advance or Servicing Expense, as the case may be, for which Escrow Payments should have been made by the BorrowersObligors, but only from amounts received on the Mortgage Loan which represent late collections of Escrow Payments thereunder; (viiviii) to withdraw any amount deposited in the Escrow Accounts which was not required to be deposited therein; or (viiiix) to clear and terminate the Escrow Accounts at the termination of this Agreement.
(ba) The Master Servicer shall maintain accurate records with respect to each Mortgaged Property securing a Serviced Loan, reflecting the status of taxes, assessments and other similar items that are or may become a lien thereon and the status of insurance premiums payable with respect thereto as well as the payment of ground rents with respect to each ground lease (to the extent such information is reasonably available). To the extent that the related Mortgage Loan Documents require Escrow Payments to be made by an Obligor under a BorrowerServiced Loan, the Master Servicer shall use Reasonable Efforts reasonable efforts to obtain, from time to time, all bills for the payment of such items, and shall effect payment prior to the applicable penalty or termination date, employing for such purpose Escrow Payments paid by the Borrower such Obligor pursuant to the terms of the Mortgage Loan Documents and deposited in the related Escrow Account by the Master Servicer. To the extent that the Loan Documents do not require an Obligor under a Serviced Loan to make Escrow Payments (and no other loan secured by the Mortgaged Property requires escrows or reserves for such amounts), the Servicer shall use its reasonable efforts to require that any tax, insurance or other payment referenced in the definition of Escrow Payment be made by such Obligors prior to the applicable penalty or termination date (to the extent that the holder of the related Loan has the right to so require). Subject to Section 3.05 with respect to the payment of insurance premiums, if an Obligor under a Borrower Serviced Loan fails to make any such payment on a timely basis or collections from the Borrower such Obligor are insufficient to pay any such item when duedue and the holder of the related Loan has the right to pay such premiums on behalf of such Obligor pursuant to the terms of the related Loan Documents, the amount of any shortfall shall be paid by the Master Servicer as a Servicing Expense or, if the amount in accordance with Sections 3.03 and 5.02the Collection Account or the Partitioned Loan Collection Account, provided that the Master Servicer has consulted with the Owner regarding the timing for payment of taxesas applicable, assessments and other similar items.is insufficient
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Sources: Servicing Agreement (Invesco Commercial Real Estate Finance Trust, Inc.)