Common use of Permitted Withdrawals from the Collection Account Clause in Contracts

Permitted Withdrawals from the Collection Account. The Master Servicer may from time to time withdraw funds from the Collection Account for the following purposes: (i) to pay to the Trustee the annual Trustee Fee, on the Distribution Date in April of each year and to pay to the Program Administrator the Program Administration Fee on each Distribution Date; (ii) to the extent not previously retained, to reimburse itself for reasonable expenses and any indemnities to which it is owed pursuant to Section 3A.07 hereof, and earnings on or investment income with respect to funds in or credited to the Collection Account as master servicing compensation; (iii) to the extent not previously retained by the Master Servicer, to reimburse the Master Servicer (A) for unreimbursed Advances made by it, such right of reimbursement pursuant to this subclause (ii) being limited to amounts received on any Mortgage Loan in respect of which any such Advance was made and (B) for any Nonrecoverable Advance; (iv) to the extent not previously retained by the Servicer, to pay to the Servicer the servicing compensation to which it is entitled pursuant to Section 5.01; (v) reserved; (vi) to withdraw and return to the Servicer or itself, as applicable, any amount deposited in the Collection Account and not required to be deposited therein, including any amounts owed to the Servicer as part of the Servicing Fee, in accordance with the terms hereunder; (vii) on or prior to each Deposit Date, to withdraw an amount equal to the amount then on deposit in the Collection Account with respect to the related Distribution Date (minus any withdrawals permitted to be made by the Master Servicer pursuant to this Section 3A.13) and remit such amount to the Securities Administrator for deposit in the Distribution Account; and (viii) to clear and terminate the Collection Account upon termination of the Agreement.

Permitted Withdrawals from the Collection Account. The Master Servicer may may, from time to time time, withdraw funds from the Collection Account for the following purposes: (i) to pay remit to the Trustee the annual Trustee Fee, on for deposit in the Distribution Date in April of each year and Account the amounts required to pay be so remitted pursuant to Section 3.04(b) or permitted to be so remitted pursuant to the Program Administrator the Program Administration Fee on each Distribution Datefirst sentence of Section 3.04(d); (ii) to reimburse itself for Advances and Servicing Advances made pursuant to Section 3.01, 3.03 or 4.07, the extent not previously retained, Servicer's right to reimburse itself for reasonable expenses and any indemnities to which it is owed pursuant to Section 3A.07 hereof, and earnings on or investment income with respect to funds in or credited to the Collection Account as master servicing compensation; (iii) to the extent not previously retained by the Master Servicer, to reimburse the Master Servicer (A) for unreimbursed Advances made by it, such right of reimbursement pursuant to this subclause (ii) being limited to amounts received on any the related Mortgage Loan in respect which represent payments of principal and/or interest respecting which any such Advance advance was made; (iii) to reimburse itself for unreimbursed Servicing Advances, any unpaid Servicing Fees and for unreimbursed Advances made pursuant to Section 4.07 to the extent that such amounts are deemed to be Nonrecoverable Advances, and (B) to reimburse itself for any Nonrecoverable Advancesuch amounts to the extent that such amounts are nonrecoverable from the disposition of REO Property pursuant to Section 3.03 or Section 3.13 hereof; (iv) to the extent not previously retained by the Servicer, to pay to the Servicer the servicing compensation to which it is entitled reimburse itself for any amounts paid pursuant to Section 5.016.03 (and not otherwise previously reimbursed); (v) reserved; to pay to itself as servicing compensation (via) to withdraw and return to the Servicer or itself, as applicable, any amount deposited interest earned on funds in the Collection Account and not required (all such interest to be deposited therein, including withdrawn monthly not later than each Servicer Remittance Date) and (b) the Servicing Fee from that portion of any amounts owed payment or recovery as to interest to a particular Mortgage Loan to the Servicer as part of the Servicing Fee, in accordance with the terms hereunder; (vii) on or prior to each Deposit Date, to withdraw an amount equal to the amount then on deposit in the Collection Account with respect to the related Distribution Date (minus any withdrawals permitted to be made by the Master Servicer extent not retained pursuant to this Section 3A.13) and remit such amount to the Securities Administrator for deposit in the Distribution Account3.04(ii); and (viiivi) to clear and terminate the Collection Account upon the termination of this Agreement. The foregoing requirements for withdrawal from the AgreementCollection Account shall be exclusive. In the event the Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding.

Permitted Withdrawals from the Collection Account. The Master Servicer may from time to time withdraw funds make withdrawals from the Collection Account only as described below (the order set forth below not constituting an order of priority for the following purposes:such withdrawals): (i) to pay remit to the Trustee the annual Trustee FeeTrustee, on for deposit in the Distribution Date Account, the amounts required to be deposited in April of each year and the Distribution Account pursuant to pay to the Program Administrator the Program Administration Fee on each Distribution DateSection 4.5; (ii) to pay or reimburse the extent not previously retainedFiscal Agent, the Trustee or the Master Servicer, in that order of priority for Advances; provided, however, the right of the Master Servicer, the Trustee or the Fiscal Agent to reimburse itself for reasonable expenses and any indemnities to which it is owed pursuant to Section 3A.07 hereof, and earnings this clause (ii) being limited to either (x) any collections on or investment income with in respect to funds of the particular Mortgage Loan or REO Property respecting which each such Advance was made, or (y) any other amounts in or credited to the Collection Account as master servicing compensationin the event that such Advances have been deemed to be Nonrecoverable Advances or are not recovered from recoveries in respect of the related Mortgage Loan or REO Property after a Final Recovery Determination; (iii) to pay to the extent not previously retained by Fiscal Agent, the Trustee or the Master Servicer, to reimburse in that order of priority, the Master Servicer (A) for unreimbursed Advances made by it, such right Advance Interest Amount first out of reimbursement pursuant to this subclause (ii) being limited to amounts received on any Mortgage Loan Default Interest and late payment charges actually collected in respect of which the related Mortgage Loan and, to the extent such amounts are insufficient, in connection with or at any time following the reimbursement of such Advance was made and (B) for from any Nonrecoverable Advanceother amounts in the Collection Account; (iv) to pay on or before each Remittance Date to the extent not previously retained by the Master Servicer, Special Servicer and Trustee, as applicable, as compensation, the unpaid Master Servicing Fee, Special Servicing Fee, and Trustee Fee, respectively (in the case of the Master Servicer, reduced up to the amount of any Prepayment Interest Shortfalls with respect to such Distribution Date, in accordance with Section 3.25), to be paid, in the case of the Master Servicing Fee, from interest received or advanced on the related Mortgage Loans, and to pay to the Master Servicer or the servicing compensation to which it is entitled pursuant to Section 5.01Special Servicer, as applicable, any other amounts constituting Servicing Compensation; (v) reserved;to pay on or before each Distribution Date to the Depositor, the applicable Seller or the purchaser of any Specially Serviced Mortgage Loan or REO Property, as the case may be, with respect to each Mortgage Loan, Deleted Mortgage Loan or REO Property that has previously been repurchased, replaced or purchased by it pursuant to Section 2.3, Section 3.18 or Section 9.1, all amounts received thereon during the related Collection Period and subsequent to the effective date of such purchase or repurchase. (vi) to withdraw the extent not reimbursed or paid pursuant to any other clause of this Section 3.6, to reimburse or pay the Master Servicer, the Special Servicer, the Trustee, the Depositor and/or the Fiscal Agent for unpaid items incurred by or on behalf of such Person pursuant to Section 3.7(c), Section 3.10, Section 3.17(a), (b) and return (c), Section 3.18(a), 6.3, 7.4, 8.5(d), 9.1 or Section 11.7, or any other provision of this Agreement pursuant to which such Person is entitled to reimbursement or payment from the Trust Fund, in each case only to the Servicer extent reimbursable under such Section, it being acknowledged that this clause (vi) shall not be deemed to modify the substance of any such Section, including the provisions of such Section that set forth the extent to which one of the foregoing Persons is or itselfis not entitled to payment or reimbursement; (vii) to deposit in one or more separate, as applicablenon-interest bearing accounts any amount reasonably determined by the Trustee to be necessary to pay any applicable federal, state or local taxes imposed on REMIC I, REMIC II and REMIC III under the circumstances and to the extent described in Section 10.3; (viii) to withdraw any amount deposited in into the Collection Account and that was not required to be deposited therein, including any amounts owed to the Servicer as part of the Servicing Fee, in accordance with the terms hereunder; (vii) on or prior to each Deposit Date, to withdraw an amount equal to the amount then on deposit in the Collection Account with respect to the related Distribution Date (minus any withdrawals permitted to be made by the Master Servicer pursuant to this Section 3A.13) and remit such amount to the Securities Administrator for deposit in the Distribution Account; and (viiiix) to clear and terminate the Collection Account pursuant to Section 9. 1. The Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan-by-Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to subclauses (ii) - (viii) above. The Master Servicer shall pay to the Trustee, the Fiscal Agent or the Special Servicer from the Collection Account (to the extent permitted by clauses (i)-(viii) above) amounts permitted to be paid to the Trustee, the Fiscal Agent or the Special Servicer therefrom, promptly upon termination receipt of a certificate of a Responsible Officer of the Trustee, an officer of the Fiscal Agent or a Servicing Officer of the Special Servicer, as applicable, describing the item and amount to which the Trustee, the Fiscal Agent or the Special Servicer is entitled. The Master Servicer may rely conclusively on any such certificate and shall have no duty to recalculate the amounts stated therein. The Trustee, the Fiscal Agent, the Special Servicer and the Master Servicer shall in all cases have a right prior to the Certificateholders to any funds on deposit in the Collection Account from time to time for the reimbursement or payment of unpaid or unreimbursed Trustee Fees, Servicing Compensation, Advances (subject to the limitation set forth in Section 3.6(ii)) and their respective expenses (including Advance Interest Amounts) hereunder to the extent such expenses, fees, compensation and Advances are to be reimbursed or paid from amounts on deposit in the Collection Account pursuant to this Agreement. The Trustee shall, upon receipt, deposit in the Distribution Account any and all amounts received by the Trustee in accordance with Section 3.6(i). If, as of 3:00 p.m., New York City time, on any Remittance Date or on such other date as any amount referred to in Section 3.6(i) is required to be delivered hereunder, the Master Servicer shall not have delivered to the Trustee for deposit in the Distribution Account the amounts required to be deposited therein pursuant to Section 3.6(i), then the Trustee shall, to the extent that a Responsible Officer of the Trustee has such knowledge, provide notice of such failure to the Master Servicer by facsimile transmission sent to telecopy no. (▇▇▇) ▇▇▇-▇▇▇▇ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (816) 435- 5000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 5:00 p.m., New York City time, on such day.