Establishment of and Deposits to Escrow Account. The Seller shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇▇▇▇▇▇ Brothers Bank, FSB, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller in accordance with Section 4(g). The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A copy of such letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaser. The Seller shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of receipt, and retain therein: (i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and (ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g). The Seller shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Sources: Mortgage Loan Purchase Agreement (Lehman XS Trust Series 2007-15n), Mortgage Loan Purchase Agreement (Lehman XS Trust Series 2007-7n)
Establishment of and Deposits to Escrow Account. The Seller shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home GreenPoint Mortgage Corp.Funding Inc., in trust for L▇▇▇▇▇ Capital, A Division of L▇▇▇▇▇ Brothers Bank, FSB, purchaser of Conventional Holdings Inc. Residential Fixed and Adjustable and Fixed Rate Mortgage Loans, Group No. 2007No 2006-FLOW, and various Mortgagors”. The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller in accordance with Section 4(g)2.07. The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit 4 hereto, in the case of an account established with the Seller, or by a letter agreement in the form of Exhibit H. 5 hereto, in the case of an account held by a depository other than the Seller. A copy of such letter agreement certification shall be furnished to the Purchaser and, upon request, to any subsequent purchaserPurchaser. The Seller shall deposit in the Escrow Account or Accounts on a daily basis basis, within two (2) Business Days of receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)2.07. The Seller shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Sources: Flow Interim Servicing Agreement (Lehman XS Trust Series 2006-Gp2), Flow Interim Servicing Agreement (GreenPoint Mortgage Funding Trust 2006-Ar4)
Establishment of and Deposits to Escrow Account. The Seller shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp."BancMortgage, A Division of National Bank of Commerce, in trust for ▇▇▇▇▇▇ Brothers Bank, FSB, purchaser of Conventional FSB Residential Fixed and Adjustable and Fixed Rate Mortgage Loans, Group No. 20072003-FLOW2, and various Mortgagors”". The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller in accordance with Section 4(g)2.07. The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit 4 hereto, in the case of an account established with the Seller, or by a letter agreement in the form of Exhibit H. 5 hereto, in the case of an account held by a depository other than the Seller. A copy of such letter agreement certification shall be furnished to the Purchaser and, upon request, to any subsequent purchaserPurchaser. The Seller shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of receiptbasis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)2.07. The Seller shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Sources: Interim Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust), Interim Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust)
Establishment of and Deposits to Escrow Account. The Seller Interim Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp."Fremont Investment & Loan, in trust for Morgan Stanley Mortgage Capital Inc. as Purchaser of Mortgage Loans and ▇▇▇▇▇u▇ Brothers Bank, FSB, purchaser of Conventional Residential Adjustable ▇▇▇▇▇agors." The Interim Servicer and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”the Purchaser intend that the Escrow Account be a special deposit account. The Escrow Accounts Account shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account Accounts may be drawn on by the Seller Interim Servicer in accordance with Section 4(g)2.07. The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit 4 hereto, in the case of an account established with the Interim Servicer, or by a letter agreement in the form of Exhibit H. 5 hereto, in the case of an account held by a depository other than the Interim Servicer. A copy of such letter agreement certification shall be furnished to the Purchaser and, upon request, to any subsequent purchaserPurchaser. The Seller Interim Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) basis, on the Business Days of receipt, Day following receipt thereof and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Interim Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)2.07. The Seller Interim Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law or the applicable mortgage loan documents to be paid to the Mortgagor. To the extent required by law, the Seller Interim Servicer shall pay from its own funds interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He3), Pooling and Servicing Agreement (Morgan Stanley Home Equity Loan Trust 2007-1)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, titled “American Home HomeBanc Mortgage Corp., Corporation in trust for ▇▇▇▇▇▇ Brothers BankU.S. Bank National Association, FSBas Trustee, purchaser of Conventional Residential Adjustable and Fixed Rate for the HomeBanc Mortgage Loans, Group No. 2007Trust 2006-FLOW, and various Mortgagors”. 1 Mortgage Pass-Through Certificates.” The Escrow Accounts shall be established with an Eligible Account. Nothing herein shall require the Servicer to compel a Qualified Depository, Mortgagor to establish an Escrow Account in a manner which shall provide maximum available insurance thereunderviolation of applicable law. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g4.02(g). The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. D hereto. A copy of such certification or letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaserMaster Servicer. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days basis, and in the Escrow Account or Accounts no later than 48 hours after receipt of receiptfunds, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, if required, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; andAgreement to be paid by the related Mortgagor to the Servicer;
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g4.02(g). The Seller Servicer shall be entitled to retain any interest earnings paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that the interest earnings paid thereon is are insufficient for such purposes.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Homebanc Corp), Pooling and Servicing Agreement (HomeBanc 2006-1)
Establishment of and Deposits to Escrow Account. The Seller Company shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp."Wells Fargo Bank, N.A., in trust for ▇▇the Purchaser and/or subseq▇▇▇▇ Brothers Bank, FSB, purchaser purchasers of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. Mortgagors - T & I." The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Upon request of the Purchaser and within ten (10) days thereof, the Company shall provide the Purchaser with written confirmation of the existence of such Escrow Account. Funds deposited in the Escrow Account may be drawn on by the Seller Company in accordance with Section 4(g)4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A copy of such letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaser. The Seller Company shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of Company's receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and;
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all payments on account of Buydown Funds. The Seller Company shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)4.07. The Seller Company shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes. The Company shall reimburse the Escrow Account for any losses incurred as a result of the investment of amounts on deposit in the Escrow Account.
Appears in 2 contracts
Sources: Seller's Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-6ar), Seller's Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-7)
Establishment of and Deposits to Escrow Account. The Seller Company shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, . “American Home Mortgage Corp., in trust for ▇▇▇▇▇▇ Brothers BankFargo Home Mortgage, FSBInc., purchaser in trust for Banc of Conventional America Mortgage Capital Corporation and/or subsequent purchasers, Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. Mortgagors - T & I.” The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Upon request of the Purchaser and within ten (10) days thereof, the Company shall provide the Purchaser with written confirmation of the existence of such Escrow Account. Funds deposited in the Escrow Account may be drawn on by the Seller Company in accordance with Section 4(g)4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A copy of such letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaser. The Seller Company shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of Company’s receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Company shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)4.07. The Seller Company shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Sources: Servicing Agreement (Structured Asset Securities Corp. 2005-14), Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2005-10)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, titled “American Home Mortgage Corp., HomeBanc Corp. in trust for ▇▇▇▇▇▇ Brothers BankU.S. Bank National Association, FSBas Indenture Trustee, purchaser of Conventional Residential Adjustable and Fixed Rate for the HomeBanc Mortgage LoansTrust 2005-3,” provided that so long as HomeBanc Mortgage Corporation is the subservicer under the Subservicing Agreement, Group No. 2007each Escrow Account shall be titled “HomeBanc Mortgage Corporation in trust for U.S. Bank National Association, as Indenture Trustee, for the HomeBanc Mortgage Trust 2005-FLOW, and various Mortgagors”. 3 Mortgage Backed Notes.” The Escrow Accounts shall be established with an Eligible Account. Nothing herein shall require the Servicer to compel a Qualified Depository, Mortgagor to establish an Escrow Account in a manner which shall provide maximum available insurance thereunderviolation of applicable law. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g4.02(g). The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. E hereto. A copy of such certification or letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaserMaster Servicer. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days basis, and in the Escrow Account or Accounts no later than 48 hours after receipt of receiptfunds, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, if required, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; andAgreement to be paid by the related Mortgagor to the Servicer;
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g4.02(g). The Seller Servicer shall be entitled to retain any interest earnings paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that the interest earnings paid thereon is are insufficient for such purposes.
Appears in 2 contracts
Sources: Transfer and Servicing Agreement (Homebanc Corp), Transfer and Servicing Agreement (HomeBanc Mortgage Trust 2005-3)
Establishment of and Deposits to Escrow Account. The Seller shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home GreenPoint Mortgage Corp.Funding Inc., in trust for ▇▇▇▇▇▇ Capital, A Division of ▇▇▇▇▇▇ Brothers Bank, FSB, purchaser of Conventional Holdings Inc. Residential Fixed and Adjustable and Fixed Rate Mortgage Loans, Group No. 2007No 2006-FLOW, and various Mortgagors”. The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller in accordance with Section 4(g)2.07. The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit 4 hereto, in the case of an account established with the Seller, or by a letter agreement in the form of Exhibit H. 5 hereto, in the case of an account held by a depository other than the Seller. A copy of such letter agreement certification shall be furnished to the Purchaser and, upon request, to any subsequent purchaserPurchaser. The Seller shall deposit in the Escrow Account or Accounts on a daily basis basis, within two (2) Business Days of receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)2.07. The Seller shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Sources: Flow Interim Servicing Agreement (Lehman XS Trust Series 2006-Gp3), Flow Interim Servicing Agreement (Lehman XS Trust Series 2007-15n)
Establishment of and Deposits to Escrow Account. The Seller Company shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp."Wells Fargo Bank, N.A., in trust for the Purchaser and/or subseque▇▇ ▇▇▇▇▇▇ Brothers Bank, FSB, purchaser rchasers of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. Mortgagors - T & I." The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Upon request of the Purchaser and within ten (10) days thereof, the Company shall provide the Purchaser with written confirmation of the existence of such Escrow Account. Funds deposited in the Escrow Account may be drawn on by the Seller Company in accordance with Section 4(g)4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A copy of such letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaser. The Seller Company shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of Company's receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and;
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all payments on account of Buydown Funds. The Seller Company shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)4.07. The Seller Company shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes. The Company shall reimburse the Escrow Account for any losses incurred as a result of the investment of amounts on deposit in the Escrow Account.
Appears in 2 contracts
Sources: Seller's Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-8ar), Seller's Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-12xs)
Establishment of and Deposits to Escrow Account. The Seller Company shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇"▇▇▇▇▇ Brothers Fargo Bank, FSBN.A., purchaser in trust for the Purchaser and/or subsequent purchasers of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. Mortgagors - T & I." The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Company in accordance with Section 4(g)4.07. The creation of any Escrow Account shall be evidenced by a certification in the case of an account established with the Company, or by a letter agreement in the form case of an account held by a depository other than the Company each in the forms attached hereto as Exhibit H. E. A copy of such certification or letter agreement shall be furnished to the Purchaser andor any subsequent purchaser, upon request, to any subsequent purchaser. The Seller Company shall deposit in the Escrow Account or Accounts on a daily basis within two one (21) Business Days Day of Company's receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and;
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all payments on account of Buydown Funds. The Seller Company shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)4.07. The Seller Company shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Sources: Seller's Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-21), Seller's Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-23)
Establishment of and Deposits to Escrow Account. The Seller Company shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American "Wells Fargo Home Mortgage Corp.Mortgage, Inc., in trust for the Purchaser and/or subs▇▇▇▇▇▇ Brothers Bankt purchasers, FSB, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. Mortgagors - T & I." The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Upon request of the Purchaser and within ten (10) days thereof, the Company shall provide the Purchaser with written confirmation of the existence of such Escrow Account. Funds deposited in the Escrow Account may be drawn on by the Seller Company in accordance with Section 4(g)4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A copy of such letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaser. The Seller Company shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of the Company's receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Company shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)4.07. The Seller Company shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Sources: Trust Agreement (Gs Mortgage Securities Corp Mort Pas THR Cert Se 2002 Wf), Trust Agreement (Gs Mortgage Securities Corp Mort Pas THR Cert Se 2002 Wf)
Establishment of and Deposits to Escrow Account. The Seller Company shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇"▇▇▇▇▇ Brothers BankFargo Home Mortgage, FSBInc., purchaser in trust for Banc of Conventional America Mortgage Capital Corporation and/or subsequent purchasers, Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. Mortgagors - T & I." The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Upon request of the Purchaser and within ten (10) days thereof, the Company shall provide the Purchaser with written confirmation of the existence of such Escrow Account. Funds deposited in the Escrow Account may be drawn on by the Seller Company in accordance with Section 4(g)4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A copy of such letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaser. The Seller Company shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of Company's receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Company shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)4.07. The Seller Company shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Sources: Master Seller's Warranties and Servicing Agreement (Banc of America Funding 2006-3 Trust), Master Seller's Warranties and Servicing Agreement (Banc of America Funding 2006-2 Trust)
Establishment of and Deposits to Escrow Account. The Seller shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇▇▇▇▇▇ Brothers Bank, FSB, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. The Escrow Account or Accounts shall be established with a Qualified DepositoryDepositary, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account Accounts may be drawn on by the Seller in accordance with Section 4(g)2.07. The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit D hereto, in the case of an account established with the Seller, or by a letter agreement in the form of Exhibit H. E hereto, in the case of an account held by a depository other than the Seller. A copy of such letter agreement certification shall be furnished to the Purchaser and, upon request, to any subsequent purchaserPurchaser. The Seller shall deposit in the Escrow Account or Accounts on a daily basis within two (2) one Business Days Day of receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreementthe Mortgage Loan Documents; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged PropertyProperty in accordance with the Mortgage Loan Documents. The Seller shall make withdrawals from the Escrow Account only to effect such payments as are required under the Mortgage Loan Documents and this Agreement, Agreement as set forth in Section 4(g)2.07. The Seller shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller shall pay from its own funds interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest noninterest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Sources: Commercial Servicing Agreement (Peoples Preferred Capital Corp), Commercial Servicing Agreement (Peoples Preferred Capital Corp)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, titled “American Home Mortgage Corp., HomeBanc Corp. in trust for ▇▇▇▇▇▇ Brothers BankU.S. Bank National Association, FSBas Indenture Trustee, purchaser of Conventional Residential Adjustable and Fixed Rate for the HomeBanc Mortgage LoansTrust 2005-5,” provided that so long as HomeBanc Mortgage Corporation is the subservicer under the Subservicing Agreement, Group No. 2007each Escrow Account shall be titled “HomeBanc Mortgage Corporation in trust for U.S. Bank National Association, as Indenture Trustee, for the HomeBanc Mortgage Trust 2005-FLOW, and various Mortgagors”. 5 Mortgage Backed Notes.” The Escrow Accounts shall be established with an Eligible Account. Nothing herein shall require the Servicer to compel a Qualified Depository, Mortgagor to establish an Escrow Account in a manner which shall provide maximum available insurance thereunderviolation of applicable law. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g4.02(g). The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. E hereto. A copy of such certification or letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaserMaster Servicer. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days basis, and in the Escrow Account or Accounts no later than 48 hours after receipt of receiptfunds, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, if required, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; andAgreement to be paid by the related Mortgagor to the Servicer;
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g4.02(g). The Seller Servicer shall be entitled to retain any interest earnings paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that the interest earnings paid thereon is are insufficient for such purposes.
Appears in 2 contracts
Sources: Transfer and Servicing Agreement (Homebanc Corp), Transfer and Servicing Agreement (HomeBanc Mortgage Trust 2005-5)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp.Avelo Mortgage, L.L.C., in trust for Goldman Sachs Mortgage Company Residential Fixed and Adjustable Ra▇▇ ▇▇▇▇▇▇ Brothers Bank, FSB, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage gage Loans, Group No. 2007-FLOW, and various Mortgagors”. ." The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunderby the FDIC and as otherwise acceptable to the Rating Agencies. The Servicer and the Owner intend that the Escrow Accounts be Special Deposit Accounts. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)2.07. The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit 4 hereto, in the case of an account established with the Servicer, or by a letter agreement in the form of Exhibit H. 5 hereto, in the case of an account held by a depository other than the Servicer. A copy of such letter agreement certification shall be furnished to the Purchaser Owner and, upon request, to any subsequent purchaserOwner. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of receiptreceipt thereof, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)2.07. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Sources: Assignment, Assumption and Recognition Agreement (GSAA Home Equity Trust 2006-4), Assignment, Assumption and Recognition Agreement (GSAA Home Equity Trust 2006-3)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, titled “American Home Mortgage Corp., HomeBanc Corp. in trust for ▇▇▇▇▇▇ Brothers BankU.S. Bank National Association, FSBas Indenture Trustee, purchaser of Conventional Residential Adjustable and Fixed Rate for the HomeBanc Mortgage LoansTrust 2005-4,” provided that so long as HomeBanc Mortgage Corporation is the subservicer under the Subservicing Agreement, Group No. 2007each Escrow Account shall be titled “HomeBanc Mortgage Corporation in trust for U.S. Bank National Association, as Indenture Trustee, for the HomeBanc Mortgage Trust 2005-FLOW, and various Mortgagors”. 4 Mortgage Backed Notes.” The Escrow Accounts shall be established with an Eligible Account. Nothing herein shall require the Servicer to compel a Qualified Depository, Mortgagor to establish an Escrow Account in a manner which shall provide maximum available insurance thereunderviolation of applicable law. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g4.02(g). The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. E hereto. A copy of such certification or letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaserMaster Servicer. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days basis, and in the Escrow Account or Accounts no later than 48 hours after receipt of receiptfunds, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, if required, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; andAgreement to be paid by the related Mortgagor to the Servicer;
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g4.02(g). The Seller Servicer shall be entitled to retain any interest earnings paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that the interest earnings paid thereon is are insufficient for such purposes.
Appears in 2 contracts
Sources: Transfer and Servicing Agreement (Homebanc Corp), Transfer and Servicing Agreement (HomeBanc Mortgage Trust 2005-4)
Establishment of and Deposits to Escrow Account. The Seller Interim Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home "Greenpoint Mortgage Corp.Funding Inc., in trust for ▇▇▇▇▇▇ Brothers Bank, FSB, purchaser of Conventional FSB Residential Fixed and Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW2001- ____, and various Mortgagors”". The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Interim Servicer in accordance with Section 4(g)2.07. The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit 4 hereto, in the case of an account established with the Interim Servicer, or by a letter agreement in the form of Exhibit H. 5 hereto, in the case of an account held by a depository other than the Interim Servicer. A copy of such letter agreement certification shall be furnished to the Purchaser and, upon request, to any subsequent purchaserPurchaser. The Seller Interim Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of receiptbasis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Interim Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)2.07. The Seller Interim Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Interim Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Sources: Interim Servicing Agreement (Structured Asset Securities Corp Mort Pas-THR Cert Ser 2002-), Interim Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Ser 2002-8a)
Establishment of and Deposits to Escrow Account. The Seller Company shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇▇▇▇▇▇ Brothers Fargo Bank, FSBN.A., purchaser in trust for the Purchaser under the Amended and Restated Master Seller’s Warranties and Servicing Agreement dated as of Conventional Residential Adjustable and Fixed Rate March 1, 2006 and/or subsequent purchasers of Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. Mortgagors - T & I.” The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Upon request of the Purchaser and within ten (10) days thereof, the Company shall provide the Purchaser with written confirmation of the existence of such Escrow Account. Funds deposited in the Escrow Account may be drawn on by the Seller Company in accordance with Section 4(g)4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A copy of such letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaser. The Seller Company shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of the Company’s receipt, and retain therein:
(i1) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and;
(ii2) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property;
(3) all payments on account of Buydown Funds; and
(4) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient. The Seller Company shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)4.07. The Seller Company shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes. The Company shall reimburse the Escrow Account for any losses incurred as a result of the Company’s investment of any amount on deposit in the Escrow Account.
Appears in 2 contracts
Sources: Master Seller’s Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2007-Ar2), Master Seller’s Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2007-Ar1)
Establishment of and Deposits to Escrow Account. The Seller Company shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp."Wells Fargo Bank, N.A., in trust for the Purchaser under the Seller's W▇▇▇▇▇▇ Brothers Bankties and Servicing Agreement dated as of August 1, FSB, purchaser 2004 and/or subsequent purchasers of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. Mortgagors - T & I." The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Upon request of the Purchaser and within ten (10) days thereof, the Company shall provide the Purchaser with written confirmation of the existence of such Escrow Account. Funds deposited in the Escrow Account may be drawn on by the Seller Company in accordance with Section 4(g)4.7. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A copy of such letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaser. The Seller Company shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of the Company's receipt, and retain therein:
(i1) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and;
(ii2) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(3) all amounts representing proceeds of any Primary Mortgage Insurance Policy. The Seller Company shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)4.7. The Seller Company shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes. The Company shall reimburse the Escrow Account for any losses incurred as a result of the investment of amounts on deposit in the Escrow Account.
Appears in 2 contracts
Sources: Trust Agreement (GSAA Home Equity Trust 2005-3), Trust Agreement (GSAA Home Equity Trust 2005-3)
Establishment of and Deposits to Escrow Account. The Seller Company shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇"▇▇▇▇▇ Brothers Fargo Bank, FSBN.A., purchaser in trust for the Purchaser and/or subsequent purchasers of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. Mortgagors - T & I." The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Company in accordance with Section 4(g)4.07. The creation of any Escrow Account shall be evidenced by a certification in the case of an account established with the Company, or by a letter agreement in the form case of an account held by a depository other than the Company each in the forms attached hereto as Exhibit H. G. A copy of such certification or letter agreement shall be furnished to the Purchaser andor any subsequent purchaser, upon request, to any subsequent purchaser. The Seller Company shall deposit in the Escrow Account or Accounts on a daily basis within two one (21) Business Days Day of Company's receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and;
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all payments on account of Buydown Funds. The Seller Company shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)4.07. The Seller Company shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Sources: Seller's Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-2), Seller's Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-1)
Establishment of and Deposits to Escrow Account. The Seller Company shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇"▇▇▇▇▇ Brothers Fargo Bank, FSBN.A., purchaser in trust for the Purchaser and/or subsequent purchasers of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. Mortgagors - T & I." The Escrow Accounts shall be established with a Qualified Depositoryan Eligible Institution, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Company in accordance with Section 4(g)4.07. The creation of any Escrow Account shall be evidenced by a certification in the case of an account established with the Company, or by a letter agreement in the form case of an account held by a depository other than the Company each in the forms attached as Exhibit H. G. A copy of such certification or letter agreement shall be furnished to the Purchaser andor any subsequent purchaser, upon request, to any subsequent purchaser. The Seller Company shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of Company's receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and;
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property;
(iii) all payments on account of Buydown Funds or Subsidy Funds; and
(iv) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Seller Company shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)4.07. The Seller Company shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Sources: Servicing Agreement, Servicing Agreement
Establishment of and Deposits to Escrow Account. The Seller Company shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp."Wells Fargo Bank, N.A., in trust for ▇▇▇the Purchaser and/or subsequ▇▇▇ Brothers Bank, FSB, purchaser ▇urchasers of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. Mortgagors - T & I." The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Upon request of the Purchaser and within ten (10) days thereof, the Company shall provide the Purchaser with written confirmation of the existence of such Escrow Account. Funds deposited in the Escrow Account may be drawn on by the Seller Company in accordance with Section 4(g)4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A copy of such letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaser. The Seller Company shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of Company's receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and;
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all payments on account of Buydown Funds. The Seller Company shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)4.07. The Seller Company shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes. The Company shall reimburse the Escrow Account for any losses incurred as a result of the investment of amounts on deposit in the Escrow Account.
Appears in 2 contracts
Sources: Seller's Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-13arx), Seller's Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-11)
Establishment of and Deposits to Escrow Account. The Seller Company shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home "National City Mortgage Corp.Co., in trust for ▇▇▇▇▇▇ Brothers Bankthe Purchaser under the Flow Seller's Warranties and Servicing Agreement dated as of May 1, FSB, purchaser 2003 and/or subsequent purchasers of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. ." The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Upon request of the Purchaser and within ten (10) days thereof, the Company shall provide the Purchaser with written confirmation of the existence of such Escrow Account. Funds deposited in the Escrow Account may be drawn on by the Seller Company in accordance with Section 4(g)4.7. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A copy of such letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaser. The Seller Company shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of the Company's receipt, and retain therein:
(i1) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and;
(ii2) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(3) all amounts representing proceeds of any Primary Mortgage Insurance Policy. The Seller Company shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)4.7. The Seller Company shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes. Notwithstanding the forgoing, the Company shall be responsible to reimburse the Purchaser for any losses incurred as a result of the investment of amounts on deposit in the Escrow Account.
Appears in 2 contracts
Sources: Assignment, Assumption and Recognition Agreement (GSAA Home Equity Trust 2006-3), Assignment, Assumption and Recognition Agreement (GSAA Home Equity Trust 2006-3)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American ▇▇▇▇▇ Fargo Home Mortgage Corp.Mortgage, Inc. in trust for LaSalle Bank National Association, as Trustee for ▇▇▇▇▇▇ Brothers BankFargo Home Equity Trust Mortgage Pass-Through Certificates, FSB, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007Series 2004-FLOW, and various Mortgagors”. The 1.” Any Escrow Accounts Account shall be an Eligible Deposit Account established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunderan Eligible Institution. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement certification in the form of Exhibit H. D hereto. A copy of such letter agreement certification shall be furnished to the Purchaser and, upon request, to any subsequent purchaserMaster Servicer. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two one (21) Business Days Day of the Servicer’s receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Sources: Securitization Servicing Agreement (Wells Fargo Home Equity Trust Mort Pass Thru Cert Ser 2004-1), Securitization Servicing Agreement (Wells Fargo Home Equity Trust Mort Pass Thru Cert Ser 2004-1)
Establishment of and Deposits to Escrow Account. The Seller shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home GreenPoint Mortgage Corp.Funding Inc., in trust for ▇▇▇▇▇▇ Brothers Bank, FSB, purchaser of Conventional Residential Fixed and Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller in accordance with Section 4(g)2.07. The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit 4 hereto, in the case of an account established with the Seller, or by a letter agreement in the form of Exhibit H. 5 hereto, in the case of an account held by a depository other than the Seller. A copy of such letter agreement certification shall be furnished to the Purchaser and, upon request, to any subsequent purchaserPurchaser. The Seller shall deposit in the Escrow Account or Accounts on a daily basis basis, within two (2) Business Days of receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)2.07. The Seller shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Sources: Flow Interim Servicing Agreement (Lehman XS Trust Series 2007-15n), Flow Interim Servicing Agreement (Lehman XS Trust Series 2007-12n)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American National City Home Mortgage Corp.Loan Services, Inc. in trust for ▇▇▇▇▇▇ Brothers BankU.S. Bank National Association, FSBas Trustee for the First Franklin Mortgage Loan Trust, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007Series 2006-FLOW, and various Mortgagors”. FFB.” The Escrow Accounts shall be an Eligible Deposit Account established with a Qualified Depository, an Eligible Institution in a manner which that shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A C hereto. No later than 30 days after the Closing Date, a copy of such certification or letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaserMaster Servicer and the NIMS Insurer. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes; provided, that, the accounts are maintained at an Eligible Institution selected by the Servicer.
Appears in 1 contract
Sources: Securitization Servicing Agreement (First Franklin Mortgage Loan Trust 2006-FFB)
Establishment of and Deposits to Escrow Account. The Seller Company shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, accounts titled, “American Home Mortgage Corp."Boston Safe Deposit and Trust Company, in trust for ▇▇▇▇▇▇ Brothers BankNorwest Bank Minnesota, FSBN.A., purchaser of Conventional Residential Adjustable and Fixed Rate as Trustee, Structured Asset Securities Corporation Mortgage LoansPass-Through Certificates, Group No. 2007Series 1997-FLOW, and various Mortgagors”1," or such other designation as the Purchaser may direct. The Escrow Accounts Account shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Company in accordance with Section 4(g)4.07. The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit E-1 ----------- hereto, in the case of an account established with the Company, or by a letter agreement in the form of Exhibit H. E-2 hereto, in the case of an ----------- account held by a depository other than the Company. A copy of such letter agreement certification shall be furnished to the Purchaser and, upon request, to any subsequent purchaserPurchaser. The Seller Company shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of receiptbasis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Company shall make withdrawals from the Escrow Account only to effect such payments as are required or permitted under this Agreement, as set forth in Section 4(g)4.07. The Seller Company shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Mortgage Loan Sale, Warranties and Servicing Agreement (Structured Asset Securities Corporation)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Chase Home Mortgage Corp.Finance, LLC as subservicer for JPMorgan Chase Bank, National Association in trust for ▇▇W▇▇▇▇ Brothers Fargo Bank, FSBN.A., purchaser of Conventional Residential Adjustable and Fixed Rate as Trustee for the Structured Asset Securities Corporation Mortgage LoansPass Through Certificates, Group No. Series 2007-FLOW, BC1 and various Mortgagors”. mortgagors.” The Escrow Accounts shall be Eligible Accounts established with a Qualified Depository, an Eligible Institution in a manner which that shall provide maximum available insurance thereunder. Nothing herein shall require the Servicer to compel a mortgagor to establish an Escrow Account in violation of applicable law. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A C hereto. No later than 30 days after the Closing Date, a copy of such certification or letter agreement shall be furnished to the Purchaser Master Servicer and, upon requestif required, to any subsequent purchaserthe NIMS Insurer. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis Accounts, within two (2) Business Days of receiptreceipt by the Servicer, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Securitization Servicing Agreement (Structured Asset Securities CORP 2007-Bc1)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇▇▇▇▇▇ Brothers Fargo Bank, FSBN.A. in trust for U.S. Bank National Association, purchaser of Conventional Residential Adjustable and Fixed Rate as Trustee for the Structured Asset Securities Corporation Mortgage Loans, Group No. Loan Trust 2007-FLOW, and various Mortgagors”. BC3.” The Escrow Accounts shall be Eligible Deposit Accounts established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunderan Eligible Institution. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement certification in the form of Exhibit H. C hereto. A copy of such letter agreement certification shall be furnished to the Purchaser and, Master Servicer no later than 30 days after the first Servicing Transfer Date (and to the NIMS Insurer upon request, to any subsequent purchaser). The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of the Servicer’s receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., [ ] in trust for ▇▇▇▇▇▇ Brothers Bank[ ], FSB, purchaser of Conventional Residential Adjustable and Fixed Rate as Trustee for the Fieldstone Mortgage Loans, Group No. 2007-FLOW, and various MortgagorsInvestment Trust 2005-[ ]”. The Escrow Accounts shall be established with a Qualified Depository, Depository in a manner which that shall provide maximum available insurance thereunder. Nothing herein shall require the Servicer to compel a Mortgagor to establish an Escrow Account in violation of applicable law. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. C hereto. A copy of such certification or letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaserMaster Servicer and the NIMS Insurer. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of receiptbasis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Securitization Servicing Agreement (Fieldstone Mortgage Investment CORP)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇▇▇▇▇▇ Brothers Fargo Bank, FSBN.A. in trust for U.S. Bank National Association, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loansas Trustee for Structured Asset Investment Loan Trust, Group No. 2007Series 2006-FLOW, and various Mortgagors”. BNC2.” The Escrow Accounts shall be Eligible Deposit Accounts established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunderan Eligible Institution. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement certification in the form of Exhibit H. C hereto. A copy of such letter agreement certification shall be furnished to the Purchaser and, Master Servicer no later than 30 days after the Closing Date (and to the NIMS Insurer upon request, to any subsequent purchaser). The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of the Servicer’s receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Securitization Subservicing Agreement (Sail 2006-Bnc2)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., HomEq Servicing Corporation in trust for ▇▇▇▇▇▇ Brothers BankU.S. Bank National Association, FSBas Trustee for the Structured Asset Investment Loan Trust, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007Series 2005-FLOW, and various MortgagorsHE1”. The Escrow Accounts shall be Eligible Accounts established with a Qualified Depository, an Eligible Institution in a manner which that shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A C hereto. No later than 30 days after the Closing Date a copy of such certification or letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaserMaster Servicer and the NIMS Insurer. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis basis, within two (2) Business Days of receiptreceipt thereof, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Securitization Servicing Agreement (Structured Asset Investment Loan Trust 2005-He1)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American National City Home Mortgage Corp.Loan Services, Inc. in trust for ▇▇▇▇▇▇ Brothers BankU.S. Bank National Association, FSBas Trustee for the First Franklin Mortgage Loan Trust, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007Series 2006-FLOW, and various Mortgagors”. FFA.” The Escrow Accounts shall be an Eligible Deposit Account established with a Qualified Depository, an Eligible Institution in a manner which that shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A C hereto. No later than 30 days after the Closing Date, a copy of such certification or letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaserMaster Servicer and the NIMS Insurer. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes; provided, that, the accounts are maintained at an Eligible Institution selected by the Servicer.
Appears in 1 contract
Sources: Securitization Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ffa)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, titled “American Home Option One Mortgage Corp., Corporation in trust for ▇▇▇▇▇▇ Brothers BankU.S. Bank National Association, FSBas Trustee for Structured Asset Securities Corporation Mortgage Pass-Through Certificates, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007Series 2005-FLOW, and various Mortgagors”. OPT1.” The Escrow Accounts shall be established with a Qualified Depository, an Eligible Institution in a manner which that shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A C. Not later than 30 days after the Closing Date, a copy of such certification or letter agreement shall be furnished to the Purchaser Master Servicer and the NIMS Insurer and, upon request, to any subsequent purchaserowner of the Mortgage Loans. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) basis, on or prior to the Second Business Days of receiptDay following receipt thereof, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which that are to be applied to the restoration or repair of any Mortgaged Mortgage Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. Additionally, any other benefit derived from the Escrow Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage insurance, etc. shall accrue to the benefit of the Servicer. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Servicing Agreement (Structured Asset Securities Corporation, 2005 OPT-1)
Establishment of and Deposits to Escrow Account. The Seller Company shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇"▇▇▇▇▇ Brothers Fargo Bank, FSBN.A., purchaser in trust for the Purchaser and/or subsequent purchasers of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. Mortgagors - T & I." The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Company in accordance with Section 4(g)4.07. The creation of any Escrow Account shall be evidenced by a certification in the case of an account established with the Company, or by a letter agreement in the form case of an account held by a depository other than the Company each in the forms attached hereto as Exhibit H. E. A copy of such certification or letter agreement shall be furnished to the Purchaser andor any subsequent purchaser, upon request, to any subsequent purchaser. The Seller Company shall deposit in the Escrow Account or Accounts on a daily basis within two one (21) Business Days Day of Company’s receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Company shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)4.07. The Seller Company shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Servicing Agreement (Lehman Xs Trust Series 2005-3)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇▇▇▇▇▇ Brothers Fargo Bank, FSBN.A. in trust for U.S. Bank National Association, purchaser of Conventional Residential Adjustable and Fixed Rate as Trustee for Structured Asset Securities Corporation Mortgage LoansPass-Through Certificates, Group No. 2007Series 2006-FLOW, and various Mortgagors”. BC5.” The Escrow Accounts shall be Eligible Deposit Accounts established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunderan Eligible Institution. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement certification in the form of Exhibit H. C hereto. A copy of such letter agreement certification shall be furnished to the Purchaser and, Master Servicer no later than 30 days after the Closing Date (and to the NIMS Insurer upon request, to any subsequent purchaser). The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of the Servicer’s receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Chase Home Mortgage Corp.Finance, LLC as subservicer for JPMorgan Chase Bank, National Association in trust for ▇▇▇▇▇▇ Brothers BankU.S. Bank National Association, FSBas Trustee for the Structured Asset Securities Corporation Mortgage Pass Through Certificates, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007Series 2006-FLOW, BC6 and various Mortgagors”. mortgagors.” The Escrow Accounts shall be Eligible Accounts established with a Qualified Depository, an Eligible Institution in a manner which that shall provide maximum available insurance thereunder. Nothing herein shall require the Servicer to compel a mortgagor to establish an Escrow Account in violation of applicable law. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A C hereto. No later than 30 days after the Closing Date, a copy of such certification or letter agreement shall be furnished to the Purchaser Master Servicer and, upon requestif required, to any subsequent purchaserthe NIMS Insurer. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis Accounts, within two (2) Business Days of receiptreceipt by the Servicer, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Securitization Servicing Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2006-Bc6)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, titled “American Home Option One Mortgage Corp., Corporation in trust for ▇▇▇▇▇▇ Brothers BankLaSalle Bank National Association, FSBas Trustee for Structured Asset Investment Loan Trust, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 20072004-FLOW, and various Mortgagors”. 8.” The Escrow Accounts shall be Eligible Deposit Accounts established with a Qualified Depository, an Eligible Institution in a manner which that shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. C. A copy of such certification or letter agreement shall be furnished to the Purchaser Master Servicer and the NIMS Insurer and, upon request, to any subsequent purchaserowner of the Mortgage Loans. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of receiptbasis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which that are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. Additionally, any other benefit derived from the Escrow Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage insurance, etc. shall accrue to the benefit of the Servicer. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Subservicing Agreement (Structured Asset Investment Loan Trust 2004-8)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp."Wells Fargo Bank, N.A., in trust for Bank of America, National Ass▇▇▇▇▇▇ Brothers Bankion, FSB, purchaser its successors or assigns and/or subsequent Owners of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. Mortgagors - T & I." The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Upon request of the Owner and within ten (10) days thereof, the Servicer shall provide the Owner with written confirmation of the existence of such Escrow Account in the form attached hereto as Exhibit F. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A copy of such letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaser. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of Servicer's receipt, and retain therein:
(ia) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and;
(iib) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(c) all payments on account of Buydown Funds. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)4.07. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Servicing Agreement (Banc of America Funding 2006-5 Trust)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇▇▇▇▇▇ Brothers Fargo Bank, FSBN.A. in trust for U.S. Bank National Association, purchaser of Conventional Residential Adjustable and Fixed Rate as Trustee for Structured Asset Securities Corporation Mortgage LoansPass-Through Certificates, Group No. 2007Series 2005-FLOW, and various Mortgagors”. S2.” The Escrow Accounts shall be Eligible Deposit Accounts established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunderan Eligible Institution. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement certification in the form of Exhibit H. C hereto. A copy of such letter agreement certification shall be furnished to the Purchaser and, Master Servicer and upon requestrequest by the NIMs Insurer, to any subsequent purchaserthe NIMS Insurer. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two one (21) Business Days Day of the Servicer’s receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Securitization Subservicing Agreement (Structured Asset Securities Corp 2005-S2)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American "▇▇▇▇▇ Fargo Home Mortgage Corp.Mortgage, Inc. in trust for ▇▇▇▇▇▇ Brothers Bank, FSB, purchaser owner of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 20072003-FLOWSubflow, and various Mortgagors”". The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement certification in the form of Exhibit H. C hereto. A copy of such letter agreement certification shall be furnished to the Purchaser Owner and, upon request, to any subsequent purchaserowner of the Mortgage Loans. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two one (21) Business Days Day of the Servicer's receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Flow Subservicing Agreement (Structured Adjustable Rate Mortgage Loan Trust)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇▇▇▇▇▇ Brothers Fargo Bank, FSBN.A. in trust for U.S. Bank National Association, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loansas Trustee for Structured Asset Investment Loan Trust, Group No. 2007Series 2005-FLOW, and various Mortgagors”. 9.” The Escrow Accounts shall be Eligible Deposit Accounts established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunderan Eligible Institution. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement certification in the form of Exhibit H. C hereto. A copy of such letter agreement certification shall be furnished to the Purchaser and, Master Servicer no later than 30 days after the Closing Date (and to the NIMS Insurer upon request, to any subsequent purchaser). The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two one (21) Business Days Day of the Servicer’s receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Securitization Subservicing Agreement (Structured Asset Investment Loan Trust 2005-9)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, titled “American Home Option One Mortgage Corp., Corporation in trust for ▇▇▇▇▇▇ Brothers BankLaSalle Bank National Association, FSBas Trustee for Amortizing Residential Collateral Trust, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 20072004-FLOW, and various Mortgagors”. 1.” The Escrow Accounts shall be Eligible Deposit Accounts established with a Qualified Depository, an Eligible Institution in a manner which that shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. C. A copy of such certification or letter agreement shall be furnished to the Purchaser Master Servicer and the NIMS Insurer and, upon request, to any subsequent purchaserowner of the Mortgage Loans. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of receiptbasis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which that are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. Additionally, any other benefit derived from the Escrow Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage insurance, etc. shall accrue to the benefit of the Servicer. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Subservicing Agreement (Amortizing Residential Collateral Trust, Series 2004-1)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇▇▇▇▇▇ Brothers Fargo Bank, FSBN.A. in trust for U.S. Bank National Association, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loansas Trustee for Structured Asset Investment Loan Trust, Group No. 2007Series 2005-FLOW, and various Mortgagors”. HE2.” The Escrow Accounts shall be Eligible Deposit Accounts established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunderan Eligible Institution. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement certification in the form of Exhibit H. C hereto. A copy of such letter agreement certification shall be furnished to the Purchaser and, Master Servicer no later than 30 days after the Closing Date (and to the NIMS Insurer upon request, to any subsequent purchaser). The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two one (21) Business Days Day of the Servicer’s receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Securitization Subservicing Agreement (Structured Asset Investment Loan Trust 2005-He2)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Tay▇▇▇, ▇ean & Whi▇▇▇▇▇ ▇▇rtgage Corp., in trust for ▇▇▇▇▇▇ Brothers BankU.S. Bank National Association, FSBas Trustee for TBW Mortgage-Backed Trust, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007Series 2006-FLOW, and various Mortgagors”. 4.” The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunderEligible Deposit Accounts. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.07. The creation of any Escrow Account shall be evidenced by a letter agreement certification in the form of Exhibit H. C hereto. A copy of such letter agreement certification shall be furnished to the Purchaser and, upon request, to any subsequent purchaserMaster Servicer no later than 30 days after the Closing Date. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two one (21) Business Days Day of the Servicer’s receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.07. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Securitization Servicing Agreement (TBW Mortgage-Backed Trust Series 2006-4)
Establishment of and Deposits to Escrow Account. The Seller shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home GreenPoint Mortgage Corp.Funding Inc., in trust for ▇L▇▇▇▇▇ Brothers Bank, FSB, purchaser of Conventional Residential Fixed and Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller in accordance with Section 4(g)2.07. The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit 4 hereto, in the case of an account established with the Seller, or by a letter agreement in the form of Exhibit H. 5 hereto, in the case of an account held by a depository other than the Seller. A copy of such letter agreement certification shall be furnished to the Purchaser and, upon request, to any subsequent purchaserPurchaser. The Seller shall deposit in the Escrow Account or Accounts on a daily basis basis, within two (2) Business Days of receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)2.07. The Seller shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Flow Interim Servicing Agreement (Greenpoint Mortgage Funding Trust 2007-Ar2)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, as directed by the Master Servicer, “American Home Mortgage Corp., Aurora Loan Services LLC in trust for ▇▇▇▇▇▇ Brothers BankU.S. Bank National Association, FSB, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007as Trustee for the Structured Asset Securities Corporation 2005-FLOW, and various Mortgagors”. The GEL2 trust fund.” Each Escrow Accounts Account shall be an Eligible Deposit Account established with a Qualified Depository, an Eligible Institution in a manner which that shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A C. No later than 30 days after the Closing Date, a copy of such certification or letter agreement shall be furnished to the Purchaser Master Servicer and, upon request, to any subsequent purchaserowner of the Mortgage Loans. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of receiptbasis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which that are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. Additionally, any other benefit derived from the Escrow Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage insurance, etc. shall accrue to the Servicer. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Servicing Agreement (SASCO Mortgage Loan Trust Series 2005-Gel2)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titledtitled “U.S. Bank National Association, “American Home Mortgage Corp.as Trustee for the Structured Asset Investment Loan Trust, in trust for ▇▇▇▇▇▇ Brothers Bank, FSB, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 20072006-FLOW, and various Mortgagors”. The 3.” Each Escrow Accounts Account shall be an Eligible Deposit Account established with a Qualified Depository, an Eligible Institution in a manner which that shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. C. A copy of such certification or letter agreement shall be furnished to the Purchaser Master Servicer and the NIMS Insurer no later than 30 days after the Closing Date and, upon request, to any subsequent purchaserowner of the Mortgage Loans. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of receiptbasis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which that are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. Additionally, any other benefit derived from the Escrow Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage insurance, etc. shall accrue to the Servicer. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Servicing Agreement (Sail 2006-3)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇▇W▇▇▇▇ Brothers Fargo Bank, FSBN.A. in trust for U.S. Bank National Association, purchaser of Conventional Residential Adjustable and Fixed Rate as Trustee for Structured Asset Securities Corporation Mortgage LoansPass-Through Certificates, Group No. 2007Series 2006-FLOW, and various Mortgagors”. BC2.” The Escrow Accounts shall be Eligible Deposit Accounts established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunderan Eligible Institution. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement certification in the form of Exhibit H. C hereto. A copy of such letter agreement certification shall be furnished to the Purchaser and, Master Servicer no later than 30 days after the Closing Date (and to the NIMS Insurer upon request, to any subsequent purchaser). The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of the Servicer’s receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Securitization Subservicing Agreement (Sasco 2006-Bc2)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home titled "Option One Mortgage Corp., Corporation in trust for ▇▇▇▇▇▇ Brothers BankBank One, FSBNational Association, purchaser of Conventional as Trustee for Amortizing Residential Adjustable and Fixed Rate Mortgage LoansCollateral Trust, Group No. 20072002-FLOW, and various Mortgagors”. BC2." The Escrow Accounts shall be established with a Qualified Depository, Depository in a manner which that shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. C. A copy of such certification or letter agreement shall be furnished to the Purchaser Trustee, the Master Servicer and the NIMS Insurer and, upon request, to any subsequent purchaserowner of the Mortgage Loans. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of receiptbasis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which that are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. Additionally, any other benefit derived from the Escrow Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage insurance, etc. shall accrue to the benefit of the Servicer. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-Bc2)
Establishment of and Deposits to Escrow Account. The Seller shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp."IndyMac Bank, F.S.B., in trust for Sutton Funding LLC as Purchaser of Mortgage Loans." The Seller and the P▇▇▇▇▇▇ Brothers Bank, FSB, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”▇er intend that the Escrow Account be a special deposit account. The Escrow Accounts Account shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account Accounts may be drawn on by the Seller in accordance with Section 4(g)2.07. The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit 4 hereto, in the case of an account established with the Seller, or by a letter agreement in the form of Exhibit H. 5 hereto, in the case of an account held by a depository other than the Seller. A copy of such letter agreement certification shall be furnished to the Purchaser and, upon request, to any subsequent purchaserPurchaser. The Seller shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of receiptbasis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)2.07. The Seller shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law or the applicable mortgage loan documents to be paid to the Mortgagor. To the extent required by law, the Seller shall pay from its own funds interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Establishment of and Deposits to Escrow Account. The Seller shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home "Greenpoint Mortgage Corp.Funding Inc., in trust for ▇▇▇▇▇▇ Lehman Brothers Bank, FSB, purchaser of Conventional Residential Adjustable and Adjusta▇▇▇ ▇▇d Fixed Rate Mortgage Loans, Group No. 20072003-FLOW, and various Mortgagors”". The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller in accordance with Section 4(g)5.07. The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit E-1 hereto, in the case of an account established with the Seller, or by a letter agreement in the form of Exhibit H. E-2 hereto, in the case of an account held by a depository other than the Seller. A copy of such letter agreement certification shall be furnished to the Purchaser and, upon request, to any subsequent purchaser. The Seller shall deposit in the Escrow Account or Accounts on a daily basis within two (2) not later than one Business Days of receiptDate after receipt thereof, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)5.07. The Seller shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Establishment of and Deposits to Escrow Account. The Seller Company shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇"▇▇▇▇▇ Brothers Fargo Bank, FSBN.A., purchaser in trust for the Purchaser and/or subsequent purchasers of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. Mortgagors - T & I." The Escrow Accounts shall be established with a Qualified Depositoryan Eligible Institution, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Company in accordance with Section 4(g)4.07. The creation of any Escrow Account shall be evidenced by a certification in the case of an account established with the Company, or by a letter agreement in the form case of an account held by a depository other than the Company each in the forms attached hereto as Exhibit H. G. A copy of such certification or letter agreement shall be furnished to the Purchaser andor any subsequent purchaser, upon request, to any subsequent purchaser. The Seller Company shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of Company's receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and;
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property;
(iii) all payments on account of Subsidy Funds; and
(iv) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Seller Company shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)4.07. The Seller Company shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Seller's Warranties and Servicing Agreement (Lehman XS Trust Series 2006-10n)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇▇▇▇▇▇ Brothers Fargo Bank, FSBN.A. in trust for U.S. Bank National Association, purchaser of Conventional Residential Adjustable and Fixed Rate as Trustee for the BNC Mortgage Loans, Group No. Loan Trust 2007-FLOW, 1 and various Mortgagors”. mortgagors.” The Escrow Accounts shall be Eligible Deposit Accounts established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunderan Eligible Institution. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement certification in the form of Exhibit H. C hereto. A copy of such letter agreement certification shall be furnished to the Purchaser and, Master Servicer no later than 30 days after the Closing Date (and to the NIMS Insurer upon request, to any subsequent purchaser). The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of the Servicer’s receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Securitization Subservicing Agreement (BNC Mortgage Loan Trust 2007-1)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., HomEq Servicing Corporation in trust for ▇▇▇▇▇▇ Brothers BankU.S. Bank National Association, FSBas Trustee for the Structured Asset Investment Loan Trust, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007Series 2005-FLOW, and various Mortgagors7”. The Escrow Accounts shall be Eligible Accounts established with a Qualified Depository, an Eligible Institution in a manner which that shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A C hereto. No later than 30 days after the Closing Date a copy of such certification or letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaserMaster Servicer and the NIMS Insurer. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis basis, within two (2) Business Days of receiptreceipt thereof, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Securitization Servicing Agreement (Structured Asset Investment Loan Trust 2005-7)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, as directed by the Master Servicer, “American Home Mortgage Corp., Aurora Loan Services LLC in trust for ▇▇▇▇▇▇ Brothers BankU.S. Bank National Association, FSBas Trustee for the Structured Asset Securities Corporation, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 20072005-FLOW, and various Mortgagors”. The S2.” Each Escrow Accounts Account shall be an Eligible Deposit Account established with a Qualified Depository, an Eligible Institution in a manner which that shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. C. A copy of such certification or letter agreement shall be furnished to the Purchaser Master Servicer and the NIMS Insurer and, upon request, to any subsequent purchaserowner of the Mortgage Loans. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of receiptbasis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which that are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. Additionally, any other benefit derived from the Escrow Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage insurance, etc. shall accrue to the Servicer. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Servicing Agreement (Structured Asset Securities Corp 2005-S2)
Establishment of and Deposits to Escrow Account. The Seller Company shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American "Wells Fargo Home Mortgage Corp.Mortgage, Inc., in trust for the Purchaser and/or ▇▇▇▇▇▇ Brothers Bank, FSB, purchaser equent purchasers of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. Mortgagors - T & I." The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Company in accordance with Section 4(g)4.07. The creation of any Escrow Account shall be evidenced by a certification in the case of an account established with the Company, or by a letter agreement in the form case of an account held by a depository other than the Company each in the forms attached hereto as Exhibit H. E. A copy of such certification or letter agreement shall be furnished to the Purchaser andor any subsequent purchaser, upon request, to any subsequent purchaser. The Seller Company shall deposit in the Escrow Account or Accounts on a daily basis within two one (21) Business Days Day of receiptCompany's receipt , and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and;
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all payments on account of Buydown Funds. The Seller Company shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)4.07. The Seller Company shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇▇▇▇▇▇ Brothers Fargo Bank, FSBN.A. in trust for U.S. Bank National Association, purchaser of Conventional Residential Adjustable and Fixed Rate as Trustee for Structured Asset Securities Corporation Mortgage LoansPass-Through Certificates, Group No. 2007Series 2005-FLOW, and various Mortgagors”. S1.” The Escrow Accounts shall be Eligible Deposit Accounts established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunderan Eligible Institution. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement certification in the form of Exhibit H. C hereto. A copy of such letter agreement certification shall be furnished to the Purchaser and, Master Servicer and upon requestrequest by the NIMs Insurer, to any subsequent purchaserthe NIMS Insurer. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two one (21) Business Days Day of the Servicer’s receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Securitization Subservicing Agreement (Structured Asset Securities Corp 2005-S1)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American National City Home Mortgage Corp.Loan Services, Inc. in trust for ▇▇▇▇▇▇ Brothers BankU.S. Bank National Association, FSBas Trustee for the First Franklin Mortgage Loan Trust, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007Series 2006-FLOW, and various Mortgagors”. FF10.” The Escrow Accounts shall be an Eligible Deposit Account established with a Qualified Depository, an Eligible Institution in a manner which that shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A C hereto. No later than 30 days after the Closing Date, a copy of such certification or letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaserMaster Servicer and the NIMS Insurer. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes; provided, that, the accounts are maintained at an Eligible Institution selected by the Servicer.
Appears in 1 contract
Sources: Securitization Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ff10)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇▇▇▇▇▇ Brothers Fargo Bank, FSBN.A. in trust for U.S. Bank National Association, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loansas Trustee for Structured Asset Securities Corporation, Group No. 2007Series 2005-FLOW, and various Mortgagors”. GEL3 trust fund.” The Escrow Accounts shall be Eligible Deposit Accounts established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunderan Eligible Institution. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement certification in the form of Exhibit H. A C hereto. No later than 30 days after the Closing Date, a copy of such letter agreement certification shall be furnished to the Purchaser Master Servicer and, upon request, to any subsequent purchaserowner of the Mortgage Loans. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two one (21) Business Days Day of the Servicer’s receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Securitization Subservicing Agreement (SASCO Mortgage Loan Trust Series 2005-Gel3)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇▇▇▇▇▇ Brothers Fargo Bank, FSBN.A. in trust for U.S. Bank National Association, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loansas Trustee for Structured Asset Securities Corporation, Group No. 2007Series 2005-FLOW, and various Mortgagors”. RMS1.” The Escrow Accounts shall be Eligible Deposit Accounts established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunderan Eligible Institution. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement certification in the form of Exhibit H. C hereto. A copy of such letter agreement certification shall be furnished to the Purchaser and, Master Servicer no later than 30 days after the Closing Date (and to the NIMS Insurer upon request, to any subsequent purchaser). The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two one (21) Business Days Day of the Servicer’s receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Securitization Subservicing Agreement (Structured Asset Securities Corp. 2005-Rms1)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇▇▇▇▇▇ Brothers Fargo Bank, FSBN.A. in trust for U.S. Bank National Association, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loansas Trustee for Structured Asset Investment Loan Trust, Group No. 2007Series 2005-FLOW, and various Mortgagors”. 10.” The Escrow Accounts shall be Eligible Deposit Accounts established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunderan Eligible Institution. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement certification in the form of Exhibit H. C hereto. A copy of such letter agreement certification shall be furnished to the Purchaser and, Master Servicer no later than 30 days after the Closing Date (and to the NIMS Insurer upon request, to any subsequent purchaser). The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two one (21) Business Days Day of the Servicer’s receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Securitization Subservicing Agreement (Structured Asset Investment Loan Trust 2005-10)
Establishment of and Deposits to Escrow Account. The Seller Company shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp."[NAME OF COMPANY], in trust for SunTrust Robinson Humphrey Funding, LLC and/or subsequent purchasers of Resid▇▇▇▇▇▇ Brothers Bank, FSB, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW▇▇▇▇▇▇▇▇ ▇oans, and various Mortgagors”. Mortgagors - T & I." The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Upon request of the Purchaser and within ten (10) days thereof, the Company shall provide the Purchaser with written confirmation of the existence of such Escrow Account. Funds deposited in the Escrow Account may be drawn on by the Seller Company in accordance with Section 4(g)4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A copy of such letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaser. The Seller Company shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of Company's receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and;
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all payments on account of Buydown Funds. The Seller Company shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)4.07. The Seller Company shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Mortgage Loan Flow Purchase, Sale and Servicing Agreement (SunTrust Real Estate Trust, LLC)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇▇▇▇▇▇ Brothers Bank, FSB, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. The Escrow Account or Accounts shall be established with a Qualified DepositoryDepositary, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account Accounts may be drawn on by the Seller Servicer in accordance with Section 4(g)2.07. The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit 2 hereto, in the case of an account established with the Servicer, or by a letter agreement in the form of Exhibit H. 5 hereto, in the case of an account held by a depository other than the Servicer. A copy of such letter agreement certification shall be furnished to the Purchaser and, upon request, to any subsequent purchaserPurchaser. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) one Business Days Day of receipt, and retain therein:
(i) a. all Escrow Payments payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) b. all amounts representing Insurance Proceeds or Condemnation Proceeds proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)2.07. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay from its own funds interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest noninterest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Servicing Agreement (Chevy Chase Preferred Capital Corp)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American National City Home Mortgage Corp.Loan Services, Inc. in trust for ▇▇▇▇▇▇ Brothers BankU.S. Bank National Association, FSBas Trustee for the First Franklin Mortgage Loan Trust, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007Series 2006-FLOW, and various Mortgagors”. FF14.” The Escrow Accounts shall be an Eligible Deposit Account established with a Qualified Depository, an Eligible Institution in a manner which that shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A C hereto. No later than 30 days after the Closing Date, a copy of such certification or letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaserMaster Servicer and the NIMS Insurer. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes; provided, that, the accounts are maintained at an Eligible Institution selected by the Servicer.
Appears in 1 contract
Sources: Securitization Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ff14)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home ▇▇▇▇▇▇, Bean & ▇▇▇▇▇▇▇▇ Mortgage Corp., in trust for ▇▇▇▇▇▇ Brothers BankU.S. Bank National Association, FSBas Trustee for TBW Mortgage-Backed Trust, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007Series 2006-FLOW, and various Mortgagors”. 2.” The Escrow Accounts shall be Eligible Deposit Accounts established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunderan Eligible Institution. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement certification in the form of Exhibit H. C hereto. A copy of such letter agreement certification shall be furnished to the Purchaser and, upon request, to any subsequent purchaserMaster Servicer no later than 30 days after the Closing Date. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two one (21) Business Days Day of the Servicer’s receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, titled “American Home Option One Mortgage Corp., Corporation in trust for ▇▇▇▇▇▇ Brothers BankU.S. Bank National Association, FSBas Trustee for Structured Asset Securities Corporation Mortgage Pass-Through Certificates, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007Series 2006-FLOW, and various Mortgagors”. BC5.” The Escrow Accounts shall be Eligible Deposit Accounts established with a Qualified Depository, an Eligible Institution in a manner which that shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A C. Not later than 30 days after the Closing Date, a copy of such certification or letter agreement shall be furnished to the Purchaser Master Servicer and the NIMS Insurer and, upon request, to any subsequent purchaserowner of the Mortgage Loans. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) basis, on or prior to the Second Business Days of receipt, Day following receipt thereof and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which that are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. Additionally, any other benefit derived from the Escrow Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage insurance, etc. shall accrue to the benefit of the Servicer. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Subservicing Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2006-Bc5)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇▇▇▇▇▇ Brothers Fargo Bank, FSBN.A. in trust for U.S. Bank National Association, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loansas Trustee for Structured Asset Investment Loan Trust, Group No. 2007Series 2006-FLOW, and various Mortgagors”. 2.” The Escrow Accounts shall be Eligible Deposit Accounts established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunderan Eligible Institution. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement certification in the form of Exhibit H. C hereto. A copy of such letter agreement certification shall be furnished to the Purchaser and, Master Servicer no later than 30 days after the Closing Date (and to the NIMS Insurer upon request, to any subsequent purchaser). The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of the Servicer’s receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Securitization Subservicing Agreement (Sail 2006-2)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., HomEq Servicing Corporation in trust for ▇▇▇▇▇▇ Brothers BankU.S. Bank National Association, FSBas Trustee for the Structured Asset Investment Loan Trust, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007Series 2005-FLOW, and various MortgagorsHE2”. The Escrow Accounts shall be Eligible Accounts established with a Qualified Depository, an Eligible Institution in a manner which that shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A C hereto. No later than 30 days after the Closing Date a copy of such certification or letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaserMaster Servicer and the NIMS Insurer. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis basis, within two (2) Business Days of receiptreceipt thereof, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Securitization Servicing Agreement (Structured Asset Investment Loan Trust 2005-He2)
Establishment of and Deposits to Escrow Account. The Seller Company shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇"▇▇▇▇▇ Brothers BankFargo Home Mortgage, FSBInc., purchaser in trust for Banc of Conventional America Mortgage Capital Corporation and/or subsequent purchasers, Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. Mortgagors - T & I." The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Upon request of the Purchaser and within ten (10) days thereof, the Company shall provide the Purchaser with written confirmation of the existence of such Escrow Account. Funds deposited in the Escrow Account may be drawn on by the Seller Company in accordance with Section 4(g)4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A copy of such letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaser. The Seller Company shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of Company’s receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Company shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)4.07. The Seller Company shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-26)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Chase Home Mortgage Corp.Finance, LLC as subservicer for JPMorgan Chase Bank, National Association in trust for ▇▇▇▇▇▇ Brothers BankU.S. Bank National Association, FSB, purchaser of Conventional Residential Adjustable and Fixed Rate as Trustee for the BNC Mortgage Loans, Group No. Loan Trust 2007-FLOW, 2 and various Mortgagors”. mortgagors.” The Escrow Accounts shall be Eligible Deposit Accounts established with a Qualified Depository, an Eligible Institution in a manner which that shall provide maximum available insurance thereunder. Nothing herein shall require the Servicer to compel a mortgagor to establish an Escrow Account in violation of applicable law. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A C hereto. No later than 30 days after the Closing Date, a copy of such certification or letter agreement shall be furnished to the Purchaser Master Servicer and, upon requestif required, to any subsequent purchaserthe NIMS Insurer. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis Accounts, within two (2) Business Days of receiptreceipt by the Servicer, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Securitization Servicing Agreement (BNC Mortgage Loan Trust 2007-2)
Establishment of and Deposits to Escrow Account. The Seller Company shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home "Option One Mortgage Corp.Corporation, in trust for ▇▇▇▇▇▇ Brothers BankBank of America, FSB, purchaser National Association and/or subsequent purchasers of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. Mortgagors - T & I." The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Upon request of the Purchaser and within ten (10) days thereof, the Company shall provide the Purchaser with written confirmation of the existence of such Escrow Account. With respect to each Mortgage Loan, the Company may not waive (or permit a subservicer to waive) the requirement for an escrow deposit account unless (i) the Purchaser agrees in writing to the waiver or (ii) such waiver is required under state or federal law. Funds deposited in the Escrow Account may be drawn on by the Seller Company in accordance with Section 4(g)4.08. The creation of any Escrow Account Company shall deposit into a clearing account (which must be evidenced by established with a letter agreement Qualified Depository) in the form of Exhibit H. A copy of such letter agreement shall be furnished to the Purchaser andwhich it customarily deposits payments and collections on mortgage loans in connection with its mortgage loan servicing activities on a daily basis and in no event later than one (1) Business Day following receipt thereof, upon request, to any subsequent purchaser. The Seller and thereafter shall deposit in the Escrow Account or Accounts on a daily basis within two one (21) Business Days Day after the deposit of receiptsuch funds in the clearing account, and retain therein:
(i) all Escrow Payments collected on account of the escrowed Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Company shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)4.08. The Seller Company shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Flow Sale and Servicing Agreement (ABFC 2006-Opt3 Trust)
Establishment of and Deposits to Escrow Account. The Seller Company shall establish one or more Escrow Accounts for the deposit of Escrow Payments. Company shall segregate and hold all funds collected and received pursuant to a in connection with the Mortgage Loan constituting Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one from any other funds or more Escrow Accounts, in amounts collected or held by the form Company on behalf of time deposit or demand accounts, third parties titled, “American "Wells Fargo Home Mortgage Corp.Mortgage, Inc., in trust for the Purchaser and/or su▇▇▇▇▇▇ Brothers Bank, FSB, purchaser of Conventional ent purchasers Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. Mortgagors - T & I." The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Upon request of the Purchaser and within ten (10) days thereof, the Company shall provide the Purchaser with written confirmation of the existence of such Escrow Account in the form of the Escrow Account Certification attached as Exhibit F. Funds deposited in the Escrow Account may be drawn on by the Seller Company in accordance with Section 4(g)4.07. The creation of any Escrow Company shall transfer from the Payment Clearing Account shall be evidenced by a letter agreement in into the form of Exhibit H. A copy of such letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaser. The Seller shall deposit in the applicable Escrow Account or Accounts on a daily basis within two (2) Business Days of receiptCompany's receipt , and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. ; The Seller Company shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)4.07. The Seller Company shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Seller's Warranties and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)
Establishment of and Deposits to Escrow Account. The Seller Company shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp."Wells Fargo Bank, N.A., in trust for the Purchaser and/or subsequent pu▇▇▇▇▇▇ Brothers Bank, FSB, purchaser ers of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”Mortgagors - T & I." The Company and the Purchaser intend that the Escrow Account be a special deposit account. The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Upon request of the Purchaser and within ten (10) days thereof, the Company shall provide the Purchaser with written confirmation of the existence of such Escrow Account. Funds deposited in the Escrow Account may be drawn on by the Seller Company in accordance with Section 4(g)4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A copy of such letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaser. The Seller Company shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of Company's receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and;
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property;
(iii) all payments on account of Buydown Funds; and
(iv) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Seller Company shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)4.07. The Seller Company shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, as directed by the Master Servicer, “American Home Mortgage Corp., Aurora Loan Services LLC in trust for ▇▇▇▇▇▇ Brothers BankU.S. Bank National Association, FSBas Trustee for the Structured Asset Securities Corporation, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 20072005-FLOW, and various Mortgagors”. The S4.” Each Escrow Accounts Account shall be an Eligible Deposit Account established with a Qualified Depository, an Eligible Institution in a manner which that shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. C. A copy of such certification or letter agreement shall be furnished to the Purchaser Master Servicer and the NIMS Insurer and, upon request, to any subsequent purchaserowner of the Mortgage Loans. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of receiptbasis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which that are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. Additionally, any other benefit derived from the Escrow Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage insurance, etc. shall accrue to the Servicer. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Servicing Agreement (Structured Asset Securities Corp 2005-S4)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Chase Home Mortgage Corp.Finance, LLC as subservicer for JPMorgan Chase Bank, National Association in trust for ▇▇▇▇▇▇ Brothers BankU.S. Bank National Association, FSBas Trustee for the Structured Asset Securities Corporation Mortgage Loan Trust, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007Series 2006-FLOW, AM1 and various Mortgagors”. mortgagors.” The Escrow Accounts shall be Eligible Accounts established with a Qualified Depository, an Eligible Institution in a manner which that shall provide maximum available insurance thereunder. Nothing herein shall require the Servicer to compel a mortgagor to establish an Escrow Account in violation of applicable law. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A C hereto. No later than 30 days after the Closing Date, a copy of such certification or letter agreement shall be furnished to the Purchaser Master Servicer and, upon requestif required, to any subsequent purchaserthe NIMS Insurer. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of receiptbasis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Securitization Servicing Agreement (Sasco 2006-Am1)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇▇▇▇▇▇ Brothers Fargo Bank, FSBN.A. in trust for U.S. Bank National Association, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loansas Trustee for Structured Asset Investment Loan Trust, Group No. 2007Series 2005-FLOW, and various Mortgagors”. 4.” The Escrow Accounts shall be Eligible Deposit Accounts established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunderan Eligible Institution. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement certification in the form of Exhibit H. C hereto. A copy of such letter agreement certification shall be furnished to the Purchaser and, Master Servicer no later than 30 days after the Closing Date (and to the NIMS Insurer upon request, to any subsequent purchaser). The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two one (21) Business Days Day of the Servicer’s receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Securitization Subservicing Agreement (Structured Asset Investment Loan Trust 2005-4)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Chase Home Mortgage Corp.Finance, LLC as subservicer for JPMorgan Chase Bank, National Association in trust for ▇▇▇▇▇▇ Brothers Fargo Bank, FSBN.A., purchaser of Conventional Residential Adjustable and Fixed Rate as Trustee for the BNC Mortgage Loans, Group No. Loan Trust 2007-FLOW, 4 and various Mortgagors”. mortgagors.” The Escrow Accounts shall be Eligible Deposit Accounts established with a Qualified Depository, an Eligible Institution in a manner which that shall provide maximum available insurance thereunder. Nothing herein shall require the Servicer to compel a mortgagor to establish an Escrow Account in violation of applicable law. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A C hereto. No later than 30 days after the Closing Date, a copy of such certification or letter agreement shall be furnished to the Purchaser Master Servicer and, upon requestif required, to any subsequent purchaserthe NIMS Insurer. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis Accounts, within two (2) Business Days of receiptreceipt by the Servicer, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by applicable law to be paid to the Mortgagor. To the extent required by applicable law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Securitization Servicing Agreement (BNC CORP Mortgage Loan Trust 2007-Bnc4)
Establishment of and Deposits to Escrow Account. (a) The Seller Subservicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home PHH Mortgage Corp.Corporation, in trust for the ▇▇▇▇▇▇▇ Brothers Bank▇▇▇▇▇ Credit Corporation, FSB, purchaser its successors and assigns and/or subsequent Servicers of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOWand various Mortgagors — T & I.” The account agreement for the Escrow Account shall provide that such account is a special deposit required to be segregated and held by the Qualified Depository maintaining such account in a fiduciary capacity, separate and apart from the Qualified Depository’s own funds and general assets, and various Mortgagors”that the account shall not be held in any capacity that would create a debtor-creditor relationship between the Qualified Depository and the Subservicer or the Servicer. The Escrow Accounts shall be established with a Qualified Depository, in a manner which within ten (10) days of the establishment of the Escrow Account, the Subservicer shall provide maximum available insurance thereunder. the Servicer with written confirmation of the existence of such Escrow Account in the form attached hereto as Exhibit K. Funds deposited in the Escrow Account may be drawn on by the Seller Subservicer in accordance with Section 4(g). 2.11.
(b) The creation Subservicer shall deposit in a mortgage clearing account on a daily basis (such funds deposited and held in the clearing account may not be commingled with any funds owned by the Subservicer, but may be commingled with the proceeds of any Escrow Account shall be evidenced by a letter agreement in other mortgage loans or with funds serviced for other investors or for the form of Exhibit H. A copy of such letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaser. The Seller shall deposit Subservicer’s own portfolio) and in the Escrow Account or Accounts on a daily basis within two (2) Business Days of Subservicer’s receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. Restricted Proceeds.
(c) The Seller Subservicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)2.11. The Seller Subservicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Subservicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposesMortgagor.
Appears in 1 contract
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇▇▇▇▇▇ Brothers Fargo Bank, FSBN.A. in trust for U.S. Bank National Association, purchaser of Conventional Residential Adjustable and Fixed Rate as Trustee for Structured Asset Securities Corporation Mortgage LoansLoan Trust, Group No. 2007Series 2006-FLOW, and various Mortgagors”. NC1.” The Escrow Accounts shall be Eligible Deposit Accounts established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunderan Eligible Institution. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement certification in the form of Exhibit H. C hereto. A copy of such letter agreement certification shall be furnished to the Purchaser and, Master Servicer no later than 30 days after the Closing Date (and to the NIMS Insurer upon request, to any subsequent purchaser). The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of the Servicer’s receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Securitization Subservicing Agreement (Sasco 2006-Nc1)
Establishment of and Deposits to Escrow Account. The Seller Company shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp."Wells Fargo Bank, N.A., in trust for the Purchaser and/or subsequen▇ ▇▇▇▇▇▇ Brothers Bank, FSB, purchaser chasers of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. Mortgagors - T & I." The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Upon request of the Purchaser and within ten (10) days thereof, the Company shall provide the Purchaser with written confirmation of the existence of such Escrow Account. Funds deposited in the Escrow Account may be drawn on by the Seller Company in accordance with Section 4(g)4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A copy of such letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaser. The Seller Company shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of Company's receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and;
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all payments on account of Buydown Funds. The Seller Company shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)4.07. The Seller Company shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes. The Company shall reimburse the Escrow Account for any losses incurred as a result of the investment of amounts on deposit in the Escrow Account.
Appears in 1 contract
Sources: Seller's Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-9ar)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇▇▇▇▇▇ Brothers Bank, FSB, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. The Each Escrow Accounts Account shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunderan Eligible Account. Funds deposited in the Escrow Account may be drawn on withdrawn by the Seller Servicer in accordance with Section 4(g)3.07 of this Agreement. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. B attached hereto and incorporated herein. A copy of such letter agreement shall be furnished by the Servicer to the Purchaser and, upon request, Owner and to any subsequent purchaserOwner of the Mortgage Loans and the Certificate Insurer. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of receiptbasis, in accordance with its standard practice, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.07 of this Agreement. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor Mortgagor, notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-9sl)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇▇▇▇▇▇ Brothers Fargo Bank, FSBN.A. in trust for U.S. Bank National Association, purchaser of Conventional Residential Adjustable and Fixed Rate as Trustee for Structured Asset Securities Corporation Mortgage LoansLoan Trust, Group No. 2007Series 2006-FLOW, and various Mortgagors”. AM1.” The Escrow Accounts shall be Eligible Deposit Accounts established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunderan Eligible Institution. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement certification in the form of Exhibit H. C hereto. A copy of such letter agreement certification shall be furnished to the Purchaser and, Master Servicer no later than 30 days after the Closing Date (and to the NIMS Insurer upon request, to any subsequent purchaser). The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of the Servicer’s receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Securitization Subservicing Agreement (Sasco 2006-Am1)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇▇▇▇▇▇ Brothers Fargo Bank, FSBN.A. in trust for U.S. Bank National Association, purchaser of Conventional Residential Adjustable and Fixed Rate as Trustee for the Structured Asset Securities Corporation Mortgage Loans, Group No. Loan Trust 2007-FLOW, BNC1 and various Mortgagors”. mortgagors.” The Escrow Accounts shall be Eligible Deposit Accounts established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunderan Eligible Institution. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement certification in the form of Exhibit H. C hereto. A copy of such letter agreement certification shall be furnished to the Purchaser and, Master Servicer no later than 30 days after the Closing Date (and to the NIMS Insurer upon request, to any subsequent purchaser). The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of the Servicer’s receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Securitization Subservicing Agreement (Sasco 2007-Bnc1)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, titled “American Home Mortgage Corp., HomeBanc Corp. in trust for ▇▇▇▇▇▇ Brothers BankU.S. Bank National Association, FSBas Indenture Trustee, purchaser of Conventional Residential Adjustable and Fixed Rate for the HomeBanc Mortgage LoansTrust 2005-2,” provided that so long as HomeBanc Mortgage Corporation is the subservicer under the Subservicing Agreement, Group No. 2007each Escrow Account shall be titled “HomeBanc Mortgage Corporation in trust for U.S. Bank National Association, as Indenture Trustee, for the HomeBanc Mortgage Trust 2005-FLOW, and various Mortgagors”. 2 Mortgage Backed Notes.” The Escrow Accounts shall be established with an Eligible Account. Nothing herein shall require the Servicer to compel a Qualified Depository, Mortgagor to establish an Escrow Account in a manner which shall provide maximum available insurance thereunderviolation of applicable law. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g4.02(g). The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. E hereto. A copy of such certification or letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaserMaster Servicer. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days basis, and in the Escrow Account or Accounts no later than 48 hours after receipt of receiptfunds, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, if required, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; andAgreement to be paid by the related Mortgagor to the Servicer;
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g4.02(g). The Seller Servicer shall be entitled to retain any interest earnings paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that the interest earnings paid thereon is are insufficient for such purposes.
Appears in 1 contract
Sources: Transfer and Servicing Agreement (HomeBanc Mortgage Trust 2005-2)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Chase Home Mortgage Corp.Finance, LLC as subservicer for JPMorgan Chase Bank, National Association in trust for ▇▇▇▇▇▇ Brothers Fargo Bank, FSBN.A., purchaser of Conventional Residential Adjustable and Fixed Rate as Trustee for the Structured Asset Securities Corporation Mortgage LoansPass Through Certificates, Group No. Series 2007-FLOW, OSI and various Mortgagors”. mortgagors.” The Escrow Accounts shall be Eligible Accounts established with a Qualified Depository, an Eligible Institution in a manner which that shall provide maximum available insurance thereunder. Nothing herein shall require the Servicer to compel a mortgagor to establish an Escrow Account in violation of applicable law. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A C hereto. No later than 30 days after the Closing Date, a copy of such certification or letter agreement shall be furnished to the Purchaser Master Servicer and, upon requestif required, to any subsequent purchaserthe NIMS Insurer. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis Accounts, within two (2) Business Days of receiptreceipt by the Servicer, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Securitization Servicing Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Osi)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, titled “American Home Option One Mortgage Corp., Corporation in trust for ▇▇▇▇▇▇ Brothers BankU.S. Bank National Association, FSB, purchaser of Conventional Residential Adjustable and Fixed Rate as Trustee for BNC Mortgage Loans, Group No. Loan Trust 2007-FLOW, 1 and various Mortgagors”. mortgagors.” The Escrow Accounts shall be Eligible Deposit Accounts established with a Qualified Depository, an Eligible Institution in a manner which that shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A C. Not later than 30 days after the Closing Date, a copy of such certification or letter agreement shall be furnished to the Purchaser Master Servicer and the NIMS Insurer and, upon request, to any subsequent purchaserowner of the Mortgage Loans. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) basis, on or prior to the Second Business Days of receipt, Day following receipt thereof and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which that are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. Additionally, any other benefit derived from the Escrow Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage insurance, etc. shall accrue to the benefit of the Servicer. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Subservicing Agreement (BNC Mortgage Loan Trust 2007-1)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, as directed by the Master Servicer, “American Home Mortgage Corp., Aurora Loan Services LLC in trust for ▇▇▇▇▇▇ Brothers BankU.S. Bank National Association, FSB, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007as Trustee for the Structured Asset Securities Corporation 2005-FLOW, and various Mortgagors”. The GEL3 trust fund.” Each Escrow Accounts Account shall be an Eligible Deposit Account established with a Qualified Depository, an Eligible Institution in a manner which that shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A C. No later than 30 days after the Closing Date, a copy of such certification or letter agreement shall be furnished to the Purchaser Master Servicer and, upon request, to any subsequent purchaserowner of the Mortgage Loans. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of receiptbasis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which that are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. Additionally, any other benefit derived from the Escrow Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage insurance, etc. shall accrue to the Servicer. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Servicing Agreement (SASCO Mortgage Loan Trust Series 2005-Gel3)
Establishment of and Deposits to Escrow Account. The Seller Company shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American "Wells Fargo Home Mortgage Corp.Mortgage, Inc., in trust for the Purchaser and/or subs▇▇▇▇▇▇ Brothers Bankt purchasers, FSB, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. Mortgagors - T & I." The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Upon request of the Purchaser and within ten (10) days thereof, the Company shall provide the Purchaser with written confirmation of the existence of such Escrow Account. Funds deposited in the Escrow Account may be drawn on by the Seller Company in accordance with Section 4(g)4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A copy of such letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaser. The Seller Company shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of receiptCompany's receipt , and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Company shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)4.07. The Seller Company shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes. The Company shall reimburse the Escrow Account for any losses incurred as a result of the investment of amounts on deposit in the Escrow Account.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc Trust 2003-He2)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American National City Home Mortgage Corp.Loan Services, Inc. in trust for ▇▇W▇▇▇▇ Brothers Fargo Bank, FSBN.A. as Trustee for the First Franklin Mortgage Loan Trust, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007Series 2006-FLOW, and various Mortgagors”. FF17.” The Escrow Accounts shall be an Eligible Deposit Account established with a Qualified Depository, an Eligible Institution in a manner which that shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A C hereto. No later than 30 days after the Closing Date, a copy of such certification or letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaserMaster Servicer and the NIMS Insurer. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes; provided, that, the accounts are maintained at an Eligible Institution selected by the Servicer.
Appears in 1 contract
Sources: Securitization Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ff17)
Establishment of and Deposits to Escrow Account. The Seller Company shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp., in trust for ▇▇▇▇▇▇ Brothers Fargo Bank, FSBN.A., purchaser in trust for the Purchaser and/or subsequent purchasers of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. Mortgagors — T & I.” The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Company in accordance with Section 4(g)4.07. The creation of any Escrow Account shall be evidenced by a certification in the case of an account established with the Company, or by a letter agreement in the form case of an account held by a depository other than the Company each in the forms attached hereto as Exhibit H. G. A copy of such certification or letter agreement shall be furnished to the Purchaser andor any subsequent purchaser, upon request, to any subsequent purchaser. The Seller Company shall deposit in the Escrow Account or Accounts on a daily basis within two one (21) Business Days Day of Company’s receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and;
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all payments on account of Buydown Funds. The Seller Company shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)4.07. The Seller Company shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Servicing Agreement (Thornburg Mortgage Securities Trust 2005-4)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home ▇▇▇▇▇▇, Bean & ▇▇▇▇▇▇▇▇ Mortgage Corp., in trust for ▇▇▇▇▇▇ Brothers BankU.S. Bank National Association, FSBas Trustee for TBW Mortgage-Backed Trust, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007Series 2006-FLOW, and various Mortgagors”. 3.” The Escrow Accounts shall be Eligible Deposit Accounts established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunderan Eligible Institution. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement certification in the form of Exhibit H. C hereto. A copy of such letter agreement certification shall be furnished to the Purchaser and, upon request, to any subsequent purchaserMaster Servicer no later than 30 days after the Closing Date. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two one (21) Business Days Day of the Servicer’s receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Establishment of and Deposits to Escrow Account. The Seller shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home "Wachovia Mortgage Corp.Corporation, in trust for ▇▇▇▇▇▇ Brothers Bank, FSB, purchaser of Conventional Residential Fixed and Adjustable and Fixed Rate Mortgage Loans, Group No. 20072004-FLOW, and various Mortgagors”". The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller in accordance with Section 4(g)5.07. The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit E-1 hereto, in the case of an account established with the Seller, or by a letter agreement in the form of Exhibit H. E-2 hereto, in the case of an account held by a depository other than the Seller. A copy of such letter agreement certification shall be furnished to the Purchaser and, upon request, to any subsequent purchaser. The Seller shall deposit in the Escrow Account or Accounts on a daily basis within basis, not later than two (2) Business Days of receiptafter receipt thereof, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)5.07. The Seller shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home titled "Option One Mortgage Corp., Corporation in trust for ▇▇▇▇▇▇ Brothers BankBank One, FSBNational Association, purchaser of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007as Trustee for ARC 2001-FLOW, and various Mortgagors”. BC6 Trust." The Escrow Accounts shall be established with a Qualified Depository, Depository in a manner which that shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. C. A copy of such certification or letter agreement shall be furnished to the Purchaser Trustee, the Master Servicer and the NIMS Insurer and, upon request, to any subsequent purchaserowner of the Mortgage Loans. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of receiptbasis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which that are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. Additionally, any other benefit derived from the Escrow Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage insurance, etc. shall accrue to the Servicer. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Servicing Agreement (Structured Ass Sec Cor a R Col Tr MRT Ps THR CRT Ser 01-Bc6)
Establishment of and Deposits to Escrow Account. The Seller Company shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American "Wells Fargo Home Mortgage Corp.Mortgage, Inc., in trust for the Purchaser and/or s▇▇▇▇▇▇ Brothers Bank, FSB, purchaser uent purchasers of Conventional Residential Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”. Mortgagors - T & I." The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Seller Company in accordance with Section 4(g)4.07. The creation of any Escrow Account shall be evidenced by a certification in the case of an account established with the Company, or by a letter agreement in the form case of an account held by a depository other than the Company each in the forms attached hereto as Exhibit H. E. A copy of such certification or letter agreement shall be furnished to the Purchaser andor any subsequent purchaser, upon request, to any subsequent purchaser. The Seller Company shall deposit in the Escrow Account or Accounts on a daily basis within two one (21) Business Days Day of receiptCompany's receipt , and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and;
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all payments on account of Buydown Funds. The Seller Company shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)4.07. The Seller Company shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Seller's Warranties and Servicing Agreement (Mortgage Pass-Through Certificates Series 2003-37a)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Chase Home Mortgage Corp.Finance, LLC as subservicer for JPMorgan Chase Bank, National Association in trust for ▇▇▇▇▇▇ Brothers BankU.S. Bank National Association, FSB, purchaser of Conventional Residential Adjustable and Fixed Rate as Trustee for the BNC Mortgage Loans, Group No. Loan Trust 2007-FLOW, 1 and various Mortgagors”. mortgagors.” The Escrow Accounts shall be Eligible Deposit Accounts established with a Qualified Depository, an Eligible Institution in a manner which that shall provide maximum available insurance thereunder. Nothing herein shall require the Servicer to compel a mortgagor to establish an Escrow Account in violation of applicable law. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g)3.06. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A C hereto. No later than 30 days after the Closing Date, a copy of such certification or letter agreement shall be furnished to the Purchaser Master Servicer and, upon requestif required, to any subsequent purchaserthe NIMS Insurer. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis Accounts, within two (2) Business Days of receiptreceipt by the Servicer, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)3.06. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Securitization Servicing Agreement (BNC Mortgage Loan Trust 2007-1)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home "Saxon Mortgage Corp.Services, Inc., in trust for ▇▇▇▇▇▇ Brothers Bank, FSB, purchaser Purchasers of Conventional Residential Fixed and Adjustable and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and various Mortgagors”". The Escrow Accounts Account shall be established with a Qualified DepositoryDepository as a Special Deposit Account, in a manner which shall provide maximum available insurance thereunderby the FDIC and as otherwise acceptable to the Rating Agencies. Funds deposited in the Escrow Account Accounts may be drawn on by the Seller Servicer in accordance with Section 4(g)2.09. The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit 4 hereto, in the case of an account established with the Servicer, or by a letter agreement in the form of Exhibit H. 5 hereto, in the case of an account held by a depository other than the Servicer. A copy of such letter agreement certification shall be furnished to the Purchaser and, upon request, to any subsequent purchaserPurchaser. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within two (2) or prior to the second Business Days of receiptDay following receipt thereof, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)2.09. The Seller Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay from its own funds interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Sources: Servicing Rights Purchase and Servicing Agreement (GSAA Home Equity Trust 2006-2)
Establishment of and Deposits to Escrow Account. The Seller Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titledtitled “Fieldstone Servicing Corp. (or Chase Home Finance, “American Home Mortgage Corp.LLC as subservicer for JPMorgan Chase Bank, National Association, as Subservicer) in trust for ▇▇▇▇▇▇ Brothers BankHSBC Bank USA, FSBNational Association, purchaser of Conventional Residential Adjustable as Indenture Trustee, for the Fieldstone Mortgage Investment Trust, Series 2006-3 and Fixed Rate Mortgage Loans, Group No. 2007-FLOW, and for various Mortgagors”. mortgagors.” The Escrow Accounts shall be established with a Qualified Depository, an Eligible Institution in a manner which that shall provide maximum available insurance thereunder. Nothing herein shall require the Servicer to compel a Mortgagor to establish an Escrow Account in violation of applicable law. Funds deposited in the Escrow Account may be drawn on by the Seller Servicer in accordance with Section 4(g4.02(g). The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. F hereto. A copy of such certification or letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaserMaster Servicer. The Seller Servicer shall deposit in the Escrow Account or Accounts on a daily basis within but not more than two (2) Business Days of receiptafter receipt by the Servicer, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Seller Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g4.02(g). The Seller Servicer shall be entitled to retain any interest earnings paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that the interest earnings paid thereon is are insufficient for such purposes.
Appears in 1 contract
Sources: Transfer and Servicing Agreement (Fieldstone Mortgage Investment CORP)
Establishment of and Deposits to Escrow Account. The Seller Company shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, “American Home Mortgage Corp.SunTrust Mortgage, Inc., in trust for ▇▇▇▇▇▇ Brothers BankDeutsche Bank National Trust Company, FSB, purchaser as Trustee of Conventional Residential Adjustable and Fixed Rate the STARM Mortgage Loans, Group No. Loan Trust 2007-FLOW, and various Mortgagors”. 4.” The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Funds held in any Escrow Account may only be invested in Permitted Investments. Any such Permitted Investment shall mature no later than the Business Day immediately preceding the related Remittance Date. Upon request of the Purchaser and within ten (10) days thereof, the Company shall provide the Purchaser with written confirmation of the existence of such Escrow Account. Funds deposited in the Escrow Account may be drawn on by the Seller Company in accordance with Section 4(g)4.7. The creation of any Escrow Account shall be evidenced by a letter agreement in the form of Exhibit H. A copy of such letter agreement shall be furnished to the Purchaser and, upon request, to any subsequent purchaser. The Seller Company shall deposit in the Escrow Account or Accounts on a daily basis within two (2) Business Days of the Company’s receipt, and retain therein:
(i1) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and;
(ii2) all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(3) all amounts representing proceeds of any Primary Mortgage Insurance Policy. The Seller Company shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 4(g)4.7. The Seller Company shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Seller Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes. Notwithstanding the forgoing, the Company shall be responsible to reimburse the Purchaser for any losses incurred as a result of the investment of amounts on deposit in the Escrow Account.
Appears in 1 contract
Sources: Sale and Servicing Agreement (STARM Mortgage Loan Trust 2007-4)