Permitted Withdrawals from the Custodial Account for P&I. The Servicer may, from time to time, make withdrawals from the Custodial Account for P&I for the following purposes: (a) to reimburse itself for Advances made by it pursuant to Section 3.4 or 4.3, the Servicer's right to reimburse itself pursuant to this subclause (a) being limited to (i) amounts received on or in respect of particular Loans (including, for this purpose, Liquidation Proceeds and Insurance Proceeds which represent late recoveries of payments of principal and/or interest respecting which any such Advance was made and any net income received from the renting of REO Property pursuant to Section 3.7(c)) and (ii) amounts in the Custodial Account for P&I held for future distribution or withdrawal, such amounts referred to in clause (ii) of this subclause (a) to be replaced by the Servicer to the extent that funds in the Custodial Account for P&I on a future Withdrawal Date are less than the payment required to be made to the Certificate Account therefrom as of such future Distribution Date; (i) to reimburse itself from Liquidation Proceeds for Liquidation Expenses, (ii) for amounts expended by it pursuant to Section 3.7 in good faith in connection with the restoration of damaged property and (iii) to the extent that Liquidation Proceeds after such reimbursement are in excess of the Principal Balance of the related Loan together with accrued and unpaid interest thereon at the applicable Pass-Through Rate to the date of such liquidation, net of any related Advances which were unreimbursed prior to the receipt of such Liquidation Proceeds, to pay to itself any unpaid Servicing Fees, and any assumption fees, late payment charges or other Mortgage charges on the related Loan; (c) to pay to itself from any Mortgagor payment as to interest or other recovery with respect to a particular Loan, to the extent permitted by this Agreement, that portion of any payment as to interest in excess of interest at the applicable Pass-Through Rate which the Servicer is entitled to retain as Servicing Fees pursuant to Section 3.9 or otherwise; (d) to reimburse itself for expenses incurred by and recoverable by or reimbursable to it pursuant to Section 3.1 or 3.5 after the related Mortgagor has reimbursed the Trust Fund for such expenses or following liquidation of the related Loan, or pursuant to Section 6.3; (e) to pay to itself with respect to each Loan or property acquired in respect thereof that has been repurchased pursuant to Section 2.2 or 2.3 or purchased by the Class R Certificateholder pursuant to Section 9.1 all amounts received thereon and not distributed as of the date on which the related Principal Balance is determined; (f) to reimburse itself for any Nonrecoverable Advances; (g) to disburse to the Trustee in order that the Trustee may make payments to Certificateholders in the amounts and in the manner provided for in Section 4.1; (h) to pay itself any net interest or other income earned and received on or investment income received with respect to funds in the Custodial Account for P&I; and (i) to make payments to itself or others pursuant to any provision of this Agreement and to remove any amounts not required to be deposited therein and to clear and terminate the Custodial Account for P&I pursuant to Section 9.1. Since in connection with withdrawals pursuant to subclauses (a), (b), (c) and (e) the Servicer's entitlement thereto is limited to collections or other recoveries on the related Loan, the Servicer shall keep and maintain a separate accounting for each Loan for the purpose of justifying any withdrawal from the Custodial Account for P&I pursuant to such subclauses. The Servicer shall make the withdrawal referred to in subclause (g) above and shall deposit the amount so withdrawn into the Certificate Account prior to 4:00 P.M. New York City time on each related Withdrawal Date.
Appears in 10 contracts
Sources: Pooling and Servicing Agreement (Abnn Amro Mortgage Corp Series 2002-1), Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2001-7), Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2001-6)
Permitted Withdrawals from the Custodial Account for P&I. The Servicer may, from time to time, make withdrawals from the Custodial Account for P&I for the following purposes:
(a) to reimburse itself for Advances made by it pursuant to Section 3.4 or 4.3, the Servicer's right to reimburse itself pursuant to this subclause (a) being limited to (i) amounts received on or in respect of particular Loans (including, for this purpose, Liquidation Proceeds and Insurance Proceeds which represent late recoveries of payments of principal and/or interest respecting which any such Advance was made and any net income received from the renting of REO Property pursuant to Section 3.7(c)) and (ii) amounts or to reimburse itself for Advances from funds in the Custodial Account for P&I held for future distribution or withdrawal, such amounts referred to in clause (ii) of this subclause (a) funds to be replaced by the Servicer to the extent that funds in the Custodial Account for P&I on a future Withdrawal Date are less than the payment required to be made to the Certificate Account therefrom as of such future Distribution Date;
(i) to reimburse itself from Liquidation Proceeds for Liquidation Expenses, (ii) for amounts expended by it pursuant to Section 3.7 in good faith in connection with the restoration of damaged property and (iii) to the extent that Liquidation Proceeds after such reimbursement are in excess of the Principal Balance of the related Loan together with accrued and unpaid interest thereon at the applicable Pass-Through Rate to the date of such liquidation, net of any related Advances which were unreimbursed prior to the receipt of such Liquidation Proceeds, to pay to itself any unpaid Servicing Fees, and any assumption fees, late payment charges or other Mortgage charges on the related Loan;
(c) to pay to itself from any Mortgagor payment as to interest or other recovery with respect to a particular Loan, to the extent permitted by this Agreement, that portion of any payment as to interest in excess of interest at the applicable Pass-Through Rate which the Servicer is entitled to retain as Servicing Fees pursuant to Section 3.9 or otherwise;
(d) to reimburse itself for expenses incurred by and recoverable by or reimbursable to it pursuant to Section 3.1 or 3.5 after the related Mortgagor has reimbursed the Trust Fund for such expenses or following liquidation of the related Loan, or pursuant to Section 6.3;
(e) to pay to itself with respect to each Loan or property acquired in respect thereof that has been repurchased pursuant to Section 2.2 or 2.3 or purchased by the Class R Certificateholder pursuant to Section 9.1 all amounts received thereon and not distributed as of the date on which the related Principal Balance is determined;
(f) to reimburse itself for any Nonrecoverable Advances;
(g) to disburse to the Trustee in order that the Trustee may make payments to Certificateholders in the amounts and in the manner provided for in Section 4.1;
(h) to pay itself any net interest or other income earned and received on or investment income received with respect to funds in the Custodial Account for P&I; and
(i) to make payments to itself or others pursuant to any provision of this Agreement and to remove any amounts not required to be deposited therein and to clear and terminate the Custodial Account for P&I pursuant to Section 9.1. Since in connection with withdrawals pursuant to subclauses (a), (b), (c) and (e) the Servicer's entitlement thereto is limited to collections or other recoveries on the related Loan, the Servicer shall keep and maintain a separate accounting for each Loan for the purpose of justifying any withdrawal from the Custodial Account for P&I pursuant to such subclauses. The Servicer shall make the withdrawal referred to in subclause (g) above and shall deposit the amount so withdrawn into the Certificate Account prior to 4:00 P.M. New York City time on each related Withdrawal Date.
Appears in 9 contracts
Sources: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 1999-6), Pooling and Servicing Agreement (Abn Amro Mortgage Corp), Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 1999-7)
Permitted Withdrawals from the Custodial Account for P&I. The Servicer may, from time to time, make withdrawals from the Custodial Account for P&I and the Certificate Account for the following purposes:
(a) to reimburse itself for Advances made by it pursuant to Section 3.4 or 4.3, the Servicer's right to reimburse itself pursuant to this subclause (a) being limited to (i) amounts received on or in respect of particular Loans (including, for this purpose, Liquidation Proceeds and Insurance Proceeds which represent late recoveries of payments of principal and/or interest respecting which any such Advance was made and any net income received from the renting of REO Property pursuant to Section 3.7(c)) and (ii) amounts in the Custodial Account for P&I held for future distribution or withdrawal, such amounts referred to in clause (ii) of this subclause (a) to be replaced by the Servicer to the extent that funds in the Custodial Account for P&I on a future Withdrawal Date are less than the payment required to be made to the Certificate Account therefrom as of such future Distribution Date;
(i) to reimburse itself from Liquidation Proceeds for Liquidation Expenses, (ii) for amounts expended by it pursuant to Section 3.7 in good faith in connection with the restoration of damaged property and (iii) to the extent that Liquidation Proceeds after such reimbursement are in excess of the Principal Balance of the related Loan together with accrued and unpaid interest thereon at the applicable Pass-Through Rate to the date of such liquidation, net of any related Advances which were unreimbursed prior to the receipt of such Liquidation Proceeds, to pay to itself any unpaid Servicing Fees, and any assumption fees, late payment charges or other Mortgage charges on the related Loan;
(c) to pay to itself from any Mortgagor payment as to interest or other recovery with respect to a particular Loan, to the extent permitted by this Agreement, that portion of any payment as to interest in excess of interest at the applicable Pass-Through Rate which the Servicer is entitled to retain as Servicing Fees pursuant to Section 3.9 or otherwise;
(d) to reimburse itself for expenses incurred by and recoverable by or reimbursable to it pursuant to Section 3.1 or 3.5 after the related Mortgagor has reimbursed the Trust Fund for such expenses or following liquidation of the related Loan, or pursuant to Section 6.3;
(e) to pay to itself with respect to each Loan or property acquired in respect thereof that has been repurchased pursuant to Section 2.2 or 2.3 or purchased by the Class R Certificateholder pursuant to Section 9.1 all amounts received thereon and not distributed as of the date on which the related Principal Balance is determined;
(f) to reimburse itself for any Nonrecoverable Advances;
(g) to disburse to the Trustee in order that the Trustee may make payments to Certificateholders in the amounts and in the manner provided for in Section 4.1;
(h) to pay itself any net interest or other income earned and received on or investment income received with respect to funds in the Custodial Account for P&I; and
(i) to make payments to itself or others pursuant to any provision of this Agreement and to remove any amounts not required to be deposited therein and to clear and terminate the Custodial Account for P&I pursuant to Section 9.1. Since in connection with withdrawals pursuant to subclauses (a), (b), (c) and (e) the Servicer's entitlement thereto is limited to collections or other recoveries on the related Loan, the Servicer shall keep and maintain a separate accounting for each Loan for the purpose of justifying any withdrawal from the Custodial Account for P&I pursuant to such subclauses. The Servicer shall make the withdrawal referred to in subclause (g) above and shall deposit the amount so withdrawn into the Certificate Account prior to 4:00 P.M. New York City time on each related Withdrawal Date.
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2001-3), Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2001-2), Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2001-2)
Permitted Withdrawals from the Custodial Account for P&I. The Servicer may, from time to time, make withdrawals from the Custodial Account for P&I for the following purposes:
(a) to reimburse itself for Advances made by it pursuant to Section 3.4 or 4.3, the Servicer's right to reimburse itself pursuant to this subclause (a) being limited to (i) amounts received on or in respect of particular Loans (including, for this purpose, Liquidation Proceeds and Insurance Proceeds which represent late recoveries of payments of principal and/or interest respecting which any such Advance was made and any net income received from the renting of REO Property pursuant to Section 3.7(c)) and (ii) amounts in the Custodial Account for P&I held for future distribution or withdrawal, such amounts referred to in clause (ii) of this subclause (a) to be replaced by the Servicer to the extent that funds in the Custodial Account for P&I on a future Withdrawal Date are less than the payment required to be made to the Certificate Account therefrom as of such future Distribution Date;
(i) to reimburse itself from Liquidation Proceeds for Liquidation Expenses, (ii) for amounts expended by it pursuant to Section 3.7 in good faith in connection with the restoration of damaged property and (iii) to the extent that Liquidation Proceeds after such reimbursement are in excess of the Principal Balance of the related Loan together with accrued and unpaid interest thereon at the applicable Pass-Through Rate to the date of such liquidation, net of any related Advances which were unreimbursed prior to the receipt of such Liquidation Proceeds, to pay to itself any unpaid Servicing Fees, and any assumption fees, late payment charges or other Mortgage charges on the related Loan;
(c) to pay to itself from any Mortgagor payment as to interest or other recovery with respect to a particular Loan, to the extent permitted by this Agreement, that portion of any payment as to interest in excess of interest at the applicable Pass-Through Rate which the Servicer is entitled to retain as Servicing Fees pursuant to Section 3.9 or otherwise;
(d) to reimburse itself for expenses incurred by and recoverable by or reimbursable to it pursuant to Section 3.1 or 3.5 after the related Mortgagor has reimbursed the Trust Fund for such expenses or following liquidation of the related Loan, or pursuant to Section 6.3;
(e) to pay to itself with respect to each Loan or property acquired in respect thereof that has been repurchased pursuant to Section 2.2 or 2.3 or purchased by the Class R Certificateholder Servicer pursuant to Section 9.1 all amounts received thereon and not distributed as of the date on which the related Principal Balance is determined;
(f) to reimburse itself for any Nonrecoverable Advances;
(g) to disburse to the Trustee or its designee in order that the Trustee or its designee may make payments to Certificateholders in the amounts and in the manner provided for in Section 4.1;
(h) to pay itself any net interest or other income earned and received on or investment income received with respect to funds in the Custodial Account for P&I; and
(i) to make payments to itself or others pursuant to any provision of this Agreement and to remove any amounts not required to be deposited therein and to clear and terminate the Custodial Account for P&I pursuant to Section 9.1. Since in connection with withdrawals pursuant to subclauses (a), (b), (c) and (e) the Servicer's entitlement thereto is limited to collections or other recoveries on the related Loan, the Servicer shall keep and maintain a separate accounting for each Loan for the purpose of justifying any withdrawal from the Custodial Account for P&I pursuant to such subclauses. The Servicer shall make the withdrawal referred to in subclause (g) above and shall deposit the amount so withdrawn into the Certificate Account prior to 4:00 P.M. New York City time on each related Withdrawal Date.
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Mort Ps THR CRTS Ser 2003-7), Pooling and Servicing Agreement (Abn Amro Mortgage Corp Mort Ps THR CRTS Ser 2003-7), Pooling and Servicing Agreement (Multi-Class Mortgage Pass-Through Certificates Series 2003-9)
Permitted Withdrawals from the Custodial Account for P&I. The Servicer may, from time to time, make withdrawals from the Custodial Account for P&I for the following purposes:
(a) to reimburse itself for Advances made by it pursuant to Section 3.4 or 4.3, the Servicer's right to reimburse itself pursuant to this subclause (a) being limited to (i) amounts received on or in respect of particular Loans (including, for this purpose, Liquidation Proceeds and Insurance Proceeds which represent late recoveries of payments of principal and/or interest respecting which any such Advance was made and any net income received from the renting of REO Property pursuant to Section 3.7(c)) and (ii) amounts in the Custodial Account for P&I held for future distribution or withdrawal, such amounts referred to in clause (ii) of this subclause (a) to be replaced by the Servicer to the extent that funds in the Custodial Account for P&I on a future Withdrawal Date are less than the payment required to be made to the Certificate Account therefrom as of such future Distribution Date;
(i) to reimburse itself from Liquidation Proceeds for Liquidation Expenses, (ii) for amounts expended by it pursuant to Section 3.7 in good faith in connection with the restoration of damaged property and (iii) to the extent that Liquidation Proceeds after such reimbursement are in excess of the Principal Balance of the related Loan together with accrued and unpaid interest thereon at the applicable Pass-Through Rate to the date of such liquidation, net of any related Advances which were unreimbursed prior to the receipt of such Liquidation Proceeds, to pay to itself any unpaid Servicing Fees, and any assumption fees, late payment charges or other Mortgage charges on the related Loan;
(c) to pay to itself from any Mortgagor payment as to interest or other recovery with respect to a particular Loan, to the extent permitted by this Agreement, that portion of any payment as to interest in excess of interest at the applicable Pass-Through Rate which the Servicer is entitled to retain as Servicing Fees pursuant to Section 3.9 or otherwise;
(d) to reimburse itself for expenses incurred by and recoverable by or reimbursable to it pursuant to Section 3.1 or 3.5 after the related Mortgagor has reimbursed the Trust Fund for such expenses or following liquidation of the related Loan, or pursuant to Section 6.3;
(e) to pay to itself with respect to each Loan or property acquired in respect thereof that has been repurchased pursuant to Section 2.2 or 2.3 or purchased by the Class R Certificateholder Servicer pursuant to Section 9.1 all amounts received thereon and not distributed as of the date on which the related Principal Balance is determined;
(f) to reimburse itself for any Nonrecoverable Advances;
(g) to disburse to the Trustee in order that the Trustee may make payments to Certificateholders in the amounts and in the manner provided for in Section 4.1;
(h) to pay itself any net interest or other income earned and received on or investment income received with respect to funds in the Custodial Account for P&I; and
(i) to make payments to itself or others pursuant to any provision of this Agreement and to remove any amounts not required to be deposited therein and to clear and terminate the Custodial Account for P&I pursuant to Section 9.1. Since in connection with withdrawals pursuant to subclauses (a), (b), (c) and (e) the Servicer's entitlement thereto is limited to collections or other recoveries on the related Loan, the Servicer shall keep and maintain a separate accounting for each Loan for the purpose of justifying any withdrawal from the Custodial Account for P&I pursuant to such subclauses. The Servicer shall make the withdrawal referred to in subclause (g) above and shall deposit the amount so withdrawn into the Certificate Account prior to 4:00 P.M. New York City time on each related Withdrawal Date.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2002-3), Pooling and Servicing Agreement (Abn Amro Mort Corp Multi-Class Mort Pass-THR Cert Ser 2003-2)
Permitted Withdrawals from the Custodial Account for P&I. The Servicer may, from time to time, make withdrawals from the Custodial Account for P&I for the following purposes:
(a) to reimburse itself for Advances made by or on behalf of it pursuant to Section 3.4 or 4.3, the Servicer's right to reimburse itself pursuant to this subclause (a) being limited to (i) amounts received on or in respect of particular Loans (including, for this purpose, Liquidation Proceeds and Insurance Proceeds which represent late recoveries of payments of principal and/or interest respecting which any such Advance was made and any net income received from the renting of REO Property pursuant to Section 3.7(c)) and (ii) amounts in the Custodial Account for P&I held for future distribution or withdrawal, such amounts referred to in clause (ii) of this subclause (a) to be replaced by the Servicer to the extent that funds in the Custodial Account for P&I on a future Withdrawal Date are less than the payment required to be made to the Certificate Account therefrom as of such future Distribution Date;
(i) to reimburse itself from Liquidation Proceeds for Liquidation Expenses, (ii) for amounts expended by it pursuant to Section 3.7 in good faith in connection with the restoration of damaged property and (iii) to the extent that Liquidation Proceeds after such reimbursement are in excess of the Principal Balance of the related Loan together with accrued and unpaid interest thereon at the applicable Pass-Through Rate to the date of such liquidation, net of any related Advances which were unreimbursed prior to the receipt of such Liquidation Proceeds, to pay to itself any unpaid Servicing Fees, and any assumption fees, late payment charges or other Mortgage charges on the related Loan;
(c) to pay to itself from any Mortgagor payment as to interest or other recovery with respect to a particular Loan, to the extent permitted by this Agreement, that portion of any payment as to interest in excess of interest at the applicable Pass-Through Rate which the Servicer is entitled to retain as Servicing Fees pursuant to Section 3.9 or otherwise;
(d) to reimburse itself for expenses incurred by and recoverable by or reimbursable to it pursuant to Section 3.1 or 3.5 after the related Mortgagor has reimbursed the Trust Fund for such expenses or following liquidation of the related Loan, or pursuant to Section 6.3;
(e) to pay to itself with respect to each Loan or property acquired in respect thereof that has been repurchased pursuant to Section 2.2 or 2.3 or purchased by the Class R Certificateholder Certificateholders pursuant to Section 9.1 all amounts received thereon and not distributed as of the date on which the related Principal Balance is determined;
(f) to reimburse itself for any Nonrecoverable Advances;
(g) to disburse to the Trustee in order that the Trustee may make payments to Certificateholders in the amounts and in the manner provided for in Section 4.1;
(h) to pay itself any net interest or other income earned and received on or investment income received with respect to funds in the Custodial Account for P&IP & I; and
(i) to make payments to itself or others pursuant to any provision of this Agreement and to remove any amounts not required to be deposited therein and to clear and terminate the Custodial Account for P&I pursuant to Section 9.1. Since in connection with withdrawals pursuant to subclauses (a), (b), (c) and (e) the Servicer's entitlement thereto is limited to collections or other recoveries on the related Loan, the Servicer shall keep and maintain a separate accounting for each Loan for the purpose of justifying any withdrawal from the Custodial Account for P&I pursuant to such subclauses. The Servicer shall make the withdrawal referred to in subclause (g) above and shall deposit the amount so withdrawn into the Certificate Account prior to 4:00 P.M. New York City time on each related Withdrawal Date. The Servicer may establish, or cause to be established, two or more Custodial Accounts for P&I into which funds collected by the Servicer or its subservicers in connection with the Loans may be deposited. Funds collected in connection with mortgage loans other than the Loans may also be deposited in the Custodial Accounts for P&I and co-mingled with collections on the Loans. The 57 Servicer may, in its discretion, withdraw funds from one Custodial Account for P&I and deposit such funds into another Custodial Account for P&I prior to the date such funds must be deposited in the Certificate Account.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Abn Amro Mort Corp Multi Class Mort Pass THR Cert Ser 2003-4)
Permitted Withdrawals from the Custodial Account for P&I. The Servicer may, from time to time, make withdrawals from the Custodial Account for P&I for the following purposes:
(a) to reimburse itself for Advances made by or on behalf of it pursuant to Section 3.4 or 4.3, the Servicer's right to reimburse itself pursuant to this subclause (a) being limited to (i) amounts received on or in respect of particular Loans (including, for this purpose, Liquidation Proceeds and Insurance Proceeds which represent late recoveries of payments of principal and/or interest respecting which any such Advance was made and any net income received from the renting of REO Property pursuant to Section 3.7(c)) and (ii) amounts in the Custodial Account for P&I held for future distribution or withdrawal, such amounts referred to in clause (ii) of this subclause (a) to be replaced by the Servicer to the extent that funds in the Custodial Account for P&I on a future Withdrawal Date are less than the payment required to be made to the Certificate Account therefrom as of such future Distribution Date;
(i) to reimburse itself from Liquidation Proceeds for Liquidation Expenses, (ii) for amounts expended by it pursuant to Section 3.7 in good faith in connection with the restoration of damaged property and (iii) to the extent that Liquidation Proceeds after such reimbursement are in excess of the Principal Balance of the related Loan together with accrued and unpaid interest thereon at the applicable Pass-Through Rate to the date of such liquidation, net of any related Advances which were unreimbursed prior to the receipt of such Liquidation Proceeds, to pay to itself any unpaid Servicing Fees, and any assumption fees, late payment charges or other Mortgage charges on the related Loan;
(c) to pay to itself from any Mortgagor payment as to interest or other recovery with respect to a particular Loan, to the extent permitted by this Agreement, that portion of any payment as to interest in excess of interest at the applicable Pass-Through Rate which the Servicer is entitled to retain as Servicing Fees pursuant to Section 3.9 or otherwise;
(d) to reimburse itself for expenses incurred by and recoverable by or reimbursable to it pursuant to Section 3.1 or 3.5 after the related Mortgagor has reimbursed the Trust Fund for such expenses or following liquidation of the related Loan, or pursuant to Section 6.3;
(e) to pay to itself with respect to each Loan or property acquired in respect thereof that has been repurchased pursuant to Section 2.2 or 2.3 or purchased by the Class R Certificateholder Servicer pursuant to Section 9.1 all amounts received thereon and not distributed as of the date on which the related Principal Balance is determined;
(f) to reimburse itself for any Nonrecoverable Advances;
(g) to disburse to the Trustee in order that the Trustee may make payments to Certificateholders in the amounts and in the manner provided for in Section 4.1;
(h) to pay itself any net interest or other income earned and received on or investment income received with respect to funds in the Custodial Account for P&I; and
(i) to make payments to itself or others pursuant to any provision of this Agreement and to remove any amounts not required to be deposited therein and to clear and terminate the Custodial Account for P&I pursuant to Section 9.1. Since in connection with withdrawals pursuant to subclauses (a), (b), (c) and (e) the Servicer's entitlement thereto is limited to collections or other recoveries on the related Loan, the Servicer shall keep and maintain a separate accounting for each Loan for the purpose of justifying any withdrawal from the Custodial Account for P&I pursuant to such subclauses. The Servicer shall make the withdrawal referred to in subclause (g) above and shall deposit the amount so withdrawn into the Certificate Account prior to 4:00 P.M. New York City time on each related Withdrawal Date.. The Servicer may establish, or cause to be established, two or more Custodial Accounts for P&I into which funds collected by the Servicer or its subservicers in connection with the Loans may be
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Abn Amro Mort Sec Multi Class Mort PSTHR Certs Ser 2003-13)
Permitted Withdrawals from the Custodial Account for P&I. The Servicer may, from time to time, make withdrawals from the Custodial Account for P&I for the following purposes:
(a) to reimburse itself for Advances made by or on behalf of it pursuant to Section 3.4 or 4.3, the Servicer's right to reimburse itself pursuant to this subclause (a) being limited to (i) amounts received on or in respect of particular Loans (including, for this purpose, Liquidation Proceeds and Insurance Proceeds which represent late recoveries of payments of principal and/or interest respecting which any such Advance was made and any net income received from the renting of REO Property pursuant to Section 3.7(c)) and (ii) amounts in the Custodial Account for P&I held for future distribution or withdrawal, such amounts referred to in clause (ii) of this subclause (a) to be replaced by the Servicer to the extent that funds in the Custodial Account for P&I on a future Withdrawal Date are less than the payment required to be made to the Certificate Account therefrom as of such future Distribution Date;
(i) to reimburse itself from Liquidation Proceeds for Liquidation Expenses, (ii) for amounts expended by it pursuant to Section 3.7 in good faith in connection with the restoration of damaged property and (iii) to the extent that Liquidation Proceeds after such reimbursement are in excess of the Principal Balance of the related Loan together with accrued and unpaid interest thereon at the applicable Pass-Through Rate to the date of such liquidation, net of any related Advances which were unreimbursed prior to the receipt of such Liquidation Proceeds, to pay to itself any unpaid Servicing Fees, and any assumption fees, late payment charges or other Mortgage charges on the related Loan;
(c) to pay to itself from any Mortgagor payment as to interest or other recovery with respect to a particular Loan, to the extent permitted by this Agreement, that portion of any payment as to interest in excess of interest at the applicable Pass-Through Rate which the Servicer is entitled to retain as Servicing Fees pursuant to Section 3.9 or otherwise;
(d) to reimburse itself for expenses incurred by and recoverable by or reimbursable to it pursuant to Section 3.1 or 3.5 after the related Mortgagor has reimbursed the Trust Fund for such expenses or following liquidation of the related Loan, or pursuant to Section 6.3;
(e) to pay to itself with respect to each Loan or property acquired in respect thereof that has been repurchased pursuant to Section 2.2 or 2.3 or purchased by the Class R Certificateholder Certificateholders pursuant to Section 9.1 all amounts received thereon and not distributed as of the date on which the related Principal Balance is determined;
(f) to reimburse itself for any Nonrecoverable Advances;
(g) to disburse to the Trustee in order that the Trustee may make payments to Certificateholders in the amounts and in the manner provided for in Section 4.1;
(h) to pay itself any net interest or other income earned and received on or investment income received with respect to funds in the Custodial Account for P&I; and
(i) to make payments to itself or others pursuant to any provision of this Agreement and to remove any amounts not required to be deposited therein and to clear and terminate the Custodial Account for P&I pursuant to Section 9.1. Since in connection with withdrawals pursuant to subclauses (a), (b), (c) and (e) the Servicer's entitlement thereto is limited to collections or other recoveries on the related Loan, the Servicer shall keep and maintain a separate accounting for each Loan for the purpose of justifying any withdrawal from the Custodial Account for P&I pursuant to such subclauses. The Servicer shall make the withdrawal referred to in subclause (g) above and shall deposit the amount so withdrawn into the Certificate Account prior to 4:00 P.M. New York City time on each related Withdrawal Date.. The Servicer may establish, or cause to be established, two or more Custodial Accounts for P&I into which funds collected by the Servicer or its subservicers in connection with the Loans may be
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Abn Amro Mort Corp Multi Class Mort Pass THR Cert Ser 2003-3)
Permitted Withdrawals from the Custodial Account for P&I. The Servicer may, from time to time, make withdrawals from the Custodial Account for P&I and the Certificate Account for the following purposes:
(a) to reimburse itself for Advances made by or on behalf of it pursuant to Section 3.4 or 4.3, the Servicer's right to reimburse itself pursuant to this subclause (a) being limited to (i) amounts received on or in respect of particular Loans (including, for this purpose, Liquidation Proceeds and Insurance Proceeds which represent late recoveries of payments of principal and/or interest respecting which any such Advance was made and any net income received from the renting of REO Property pursuant to Section 3.7(c)) and (ii) amounts in the Custodial Account for P&I held for future distribution or withdrawal, such amounts referred to in clause (ii) of this subclause (a) to be replaced by the Servicer to the extent that funds in the Custodial Account for P&I on a future Withdrawal Date are less than the payment required to be made to the Certificate Account therefrom as of such future Distribution Date;
(i) to reimburse itself from Liquidation Proceeds for Liquidation Expenses, (ii) for amounts expended by it pursuant to Section 3.7 in good faith in connection with the restoration of damaged property and (iii) to the extent that Liquidation Proceeds after such reimbursement are in excess of the Principal Balance of the related Loan together with accrued and unpaid interest thereon at the applicable Pass-Through Rate to the date of such liquidation, net of any related Advances which were unreimbursed prior to the receipt of such Liquidation Proceeds, to pay to itself any unpaid Servicing Fees, and any assumption fees, late payment charges or other Mortgage charges on the related Loan;
(c) to pay to itself from any Mortgagor payment as to interest or other recovery with respect to a particular Loan, to the extent permitted by this Agreement, that portion of any payment as to interest in excess of interest at the applicable Pass-Through Rate which the Servicer is entitled to retain as Servicing Fees pursuant to Section 3.9 or otherwise;
(d) to reimburse itself for expenses incurred by and recoverable by or reimbursable to it pursuant to Section 3.1 or 3.5 after the related Mortgagor has reimbursed the Trust Fund for such expenses or following liquidation of the related Loan, or pursuant to Section 6.3;
(e) to pay to itself with respect to each Loan or property acquired in respect thereof that has been repurchased pursuant to Section 2.2 or 2.3 or purchased by the Class R Certificateholder Certificateholders pursuant to Section 9.1 all amounts received thereon and not distributed as of the date on which the related Principal Balance is determined;
(f) to reimburse itself for any Nonrecoverable Advances;
(g) to disburse to the Trustee in order that the Trustee may make payments to Certificateholders in the amounts and in the manner provided for in Section 4.1;
(h) to pay itself any net interest or other income earned and received on or investment income received with respect to funds in the Custodial Account for P&I; and
(i) to make payments to itself or others pursuant to any provision of this Agreement and to remove any amounts not required to be deposited therein and to clear and terminate the Custodial Account for P&I pursuant to Section 9.1. Since in connection with withdrawals pursuant to subclauses (a), (b), (c) and (e) the Servicer's entitlement thereto is limited to collections or other recoveries on the related Loan, the Servicer shall keep and maintain a separate accounting for each Loan for the purpose of justifying any withdrawal from the Custodial Account for P&I pursuant to such subclauses. The Servicer shall make the withdrawal referred to in subclause (g) above and shall deposit the amount so withdrawn into the Certificate Account prior to 4:00 P.M. New York City time on each related Withdrawal Date.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2001-1)
Permitted Withdrawals from the Custodial Account for P&I. The Servicer may, from time to time, make withdrawals from the Custodial Account for P&I for the following purposes:
(a) to reimburse itself for Advances made by it pursuant to Section 3.4 or 4.3, the Servicer's right to reimburse itself pursuant to this subclause (a) being limited to (i) amounts received on or in respect of particular Loans (including, for this purpose, Liquidation Proceeds and Insurance Proceeds which represent late recoveries of payments of principal and/or interest respecting which any such Advance was made and any net income received from the renting of REO Property pursuant to Section 3.7(c)) and (ii) amounts in the Custodial Account for P&I held for future distribution or withdrawal, such amounts referred to in clause (ii) of this subclause (a) to be replaced by the Servicer to the extent that funds in the Custodial Account for P&I on a future Withdrawal Date are less than the payment required to be made to the Certificate Account therefrom as of such future Distribution Date;
(i) to reimburse itself from Liquidation Proceeds for Liquidation Expenses, (ii) for amounts expended by it pursuant to Section 3.7 in good faith in connection with the restoration of damaged property and (iii) to the extent that Liquidation Proceeds after such reimbursement are in excess of the Principal Balance of the related Loan together with accrued and unpaid interest thereon at the applicable Pass-Through Rate to the date of such liquidation, net of any related Advances which were unreimbursed prior to the receipt of such Liquidation Proceeds, to pay to itself any unpaid Servicing Fees, and any assumption fees, late payment charges or other Mortgage charges on the related Loan;
(c) to pay to itself from any Mortgagor payment as to interest or other recovery with respect to a particular Loan, to the extent permitted by this Agreement, that portion of any payment as to interest in excess of interest at the applicable Pass-Through Rate which the Servicer is entitled to retain as Servicing Fees pursuant to Section 3.9 or otherwise;
(d) to reimburse itself for expenses incurred by and recoverable by or reimbursable to it pursuant to Section 3.1 or 3.5 after the related Mortgagor has 50 reimbursed the Trust Fund for such expenses or following liquidation of the related Loan, or pursuant to Section 6.3;
(e) to pay to itself with respect to each Loan or property acquired in respect thereof that has been repurchased pursuant to Section 2.2 or 2.3 or purchased by the Class R Certificateholder pursuant to Section 9.1 all amounts received thereon and not distributed as of the date on which the related Principal Balance is determined;
(f) to reimburse itself for any Nonrecoverable Advances;
(g) to disburse to the Trustee in order that the Trustee may make payments to Certificateholders in the amounts and in the manner provided for in Section 4.1;
(h) to pay itself any net interest or other income earned and received on or investment income received with respect to funds in the Custodial Account for P&I; and
(i) to make payments to itself or others pursuant to any provision of this Agreement and to remove any amounts not required to be deposited therein and to clear and terminate the Custodial Account for P&I pursuant to Section 9.1. Since in connection with withdrawals pursuant to subclauses (a), (b), (c) and (e) the Servicer's entitlement thereto is limited to collections or other recoveries on the related Loan, the Servicer shall keep and maintain a separate accounting for each Loan for the purpose of justifying any withdrawal from the Custodial Account for P&I pursuant to such subclauses. The Servicer shall make the withdrawal referred to in subclause (g) above and shall deposit the amount so withdrawn into the Certificate Account prior to 4:00 P.M. New York City time on each related Withdrawal Date.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2002-2)
Permitted Withdrawals from the Custodial Account for P&I. The Servicer may, from time to time, make withdrawals from the Custodial Account for P&I for the following purposes:
(a) to reimburse itself for Advances made by it pursuant to Section 3.4 or 4.3, the Servicer's right to reimburse itself pursuant to this subclause (a) being limited to (i) amounts received on or in respect of particular Mortgage Loans (including, for this purpose, Liquidation Proceeds and Insurance Proceeds which represent late recoveries of payments of principal and/or interest respecting which any such Advance was made and any net income received from the renting of REO Property pursuant to Section 3.7(c)) and (ii) amounts or to reimburse itself for Advances from funds in the Custodial Account for P&I held for future distribution or withdrawal, such amounts referred to in clause (ii) of this subclause (a) funds to be replaced by the Servicer to the extent that funds in the Custodial Account for P&I on a future Withdrawal Date are less than the payment required to be made to the Certificate Account therefrom as of such future Distribution Date;
(i) to reimburse itself from Liquidation Proceeds for Liquidation Expenses, (ii) for amounts expended by it pursuant to Section 3.7 in good faith in connection with the restoration of damaged property and (iii) to the extent that Liquidation Proceeds after such reimbursement are in excess of the Principal Balance of the related Mortgage Loan together with accrued and unpaid interest thereon at the applicable Pass-Through Rate to the date of such liquidation, net of any related Advances which were unreimbursed prior to the receipt of such Liquidation Proceeds, to pay to itself any unpaid Servicing Fees, and any assumption fees, late payment charges or other Mortgage charges on the related Mortgage Loan;
(c) to pay to itself from any Mortgagor payment as to interest or other recovery with respect to a particular Mortgage Loan, to the extent permitted by this Agreement, that portion of any payment as to interest in excess of interest at the applicable Pass-Through Rate which the Servicer is entitled to retain as Servicing Fees pursuant to Section 3.9 or otherwise;
(d) to reimburse itself for expenses incurred by and recoverable by or reimbursable to it pursuant to Section 3.1 or 3.5 after the related Mortgagor has reimbursed the Trust Fund for such expenses or following liquidation of the related Mortgage Loan, or pursuant to Section 6.3;
(e) to pay to itself with respect to each Mortgage Loan or property acquired in respect thereof that has been repurchased pursuant to Section 2.2 or 2.3 or purchased by the Class R Certificateholder pursuant to Section 9.1 all amounts received thereon and not distributed as of the date on which the related Principal Balance is determined;
(f) to reimburse itself for any Nonrecoverable Advances;
(g) to disburse to the Trustee in order that the Trustee may make payments to Certificateholders in the amounts and in the manner provided for in Section 4.1;
(h) to pay itself any net interest or other income earned and received on or investment income received with respect to funds in the Custodial Account for P&I; and
(i) to make payments to itself or others pursuant to any provision of this Agreement and to remove any amounts not required to be deposited therein and to clear and terminate the Custodial Account for P&I pursuant to Section 9.1. Since in connection with withdrawals pursuant to subclauses (a), (b), (c) and (e) the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain a separate accounting for each Mortgage Loan for the purpose of justifying any withdrawal from the Custodial Account for P&I pursuant to such subclauses. The Servicer shall make the withdrawal referred to in subclause (g) above and shall deposit the amount so withdrawn into the Certificate Account prior to 4:00 P.M. New York City time on each related Withdrawal Date.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Abn Amro Mortgage Corp)
Permitted Withdrawals from the Custodial Account for P&I. The Servicer may, from time to time, make withdrawals from the Custodial Account for P&I for the following purposes:
(a) to reimburse itself for Advances made by it pursuant to Section 3.4 or 4.3, the Servicer's right to reimburse itself pursuant to this subclause (a) being limited to (i) amounts received on or in respect of particular Mortgage Loans (including, for this purpose, Liquidation Proceeds and Insurance Proceeds which represent late recoveries of payments of principal and/or interest respecting which any such Advance was made and any net income received from the renting of REO Property pursuant to Section 3.7(c)) and (ii) amounts or to reimburse itself for Advances from funds in the Custodial Account for P&I held for future distribution or withdrawal, such amounts referred to in clause (ii) of this subclause (a) funds to be replaced by the Servicer to the extent that funds in the Custodial Account for P&I on a future Withdrawal Date are less than the payment required to be made to the Certificate Account therefrom as of such future Distribution Date;
(i) to reimburse itself from Liquidation Proceeds for Liquidation Expenses, (ii) for amounts expended by it pursuant to Section 3.7 in good faith in connection with the restoration of damaged property and (iii) to the extent that Liquidation Proceeds after such reimbursement are in excess of the Principal Balance of the related Mortgage Loan together with accrued and unpaid interest thereon at the applicable Pass-Through Rate to the date of such liquidation, net of any related Advances which were unreimbursed prior to the receipt of such Liquidation Proceeds, to pay to itself any unpaid Servicing Fees, and any assumption fees, late payment charges or other Mortgage charges on the related Mortgage Loan;
(c) to pay to itself from any Mortgagor payment as to interest or other recovery with respect to a particular Mortgage Loan, to the extent permitted by this Agreement, that portion of any payment as to interest in excess of interest at the applicable Pass-Through Rate which the Servicer is entitled to retain as Servicing Fees pursuant to Section 3.9 or otherwise;
(d) to reimburse itself for expenses incurred by and recoverable by or reimbursable to it pursuant to Section 3.1 or 3.5 after the related Mortgagor has reimbursed the Trust Fund for such expenses or following liquidation of the related Mortgage Loan, or pursuant to Section 6.3;
(e) to pay to itself with respect to each Mortgage Loan or property acquired in respect thereof that has been repurchased pursuant to Section 2.2 or 2.3 or purchased by the Class R Certificateholder pursuant to Section 9.1 all amounts received thereon and not distributed as of the date on which the related Principal Balance is determined;
(f) to reimburse itself for any Nonrecoverable Advances;
(g) to disburse to the Trustee in order that the Trustee may make payments to Certificateholders in the amounts and in the manner provided for in Section 4.1;
(h) to pay itself any net interest or other income earned and received on or investment income received with respect to funds in the Custodial Account for P&I; and
(i) to make payments to itself or others pursuant to any provision of this Agreement and to remove any amounts not required to be deposited therein and to clear and terminate the Custodial Account for P&I pursuant to Section 9.1. Since in connection with withdrawals pursuant to subclauses (a), (b), (c) and (e) the Servicer's entitlement thereto is limited to collections or other recoveries on the related Loan, the Servicer shall keep and maintain a separate accounting for each Loan for the purpose of justifying any withdrawal from the Custodial Account for P&I pursuant to such subclauses. The Servicer shall make the withdrawal referred to in subclause (g) above and shall deposit the amount so withdrawn into the Certificate Account prior to 4:00 P.M. New York City time on each related Withdrawal Date.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Abn Amro Mortgage Corp)
Permitted Withdrawals from the Custodial Account for P&I. The Servicer may, from time to time, make withdrawals from the Custodial Account for P&I for the following purposes:
(a) to reimburse itself for Advances made by it pursuant to Section 3.4 or 4.3, the Servicer's right to reimburse itself pursuant to this subclause (a) being limited to (i) amounts received on or in respect of particular Loans (including, for this purpose, Liquidation Proceeds and Insurance Proceeds which represent late recoveries of payments of principal and/or interest respecting which any such Advance was made and any net income received from the renting of REO Property pursuant to Section 3.7(c)) and (ii) amounts in the Custodial Account for P&I held for future distribution or withdrawal, such amounts referred to in clause (ii) of this subclause (a) to be replaced by the Servicer to the extent that funds in the Custodial Account for P&I on a future Withdrawal Date are less than the payment required to be made to the Certificate Account therefrom as of such future Distribution Date;
(i) to reimburse itself from Liquidation Proceeds for Liquidation Expenses, (ii) for amounts expended by it pursuant to Section 3.7 in good faith in connection with the restoration of damaged property and (iii) to the extent that Liquidation Proceeds after such reimbursement are in excess of the Principal Balance of the related Loan together with accrued and unpaid interest thereon at the applicable Pass-Through Rate to the date of such liquidation, net of any related Advances which were unreimbursed prior to the receipt of such Liquidation Proceeds, to pay to itself any unpaid Servicing Fees, and any assumption fees, late payment charges or other Mortgage charges on the related Loan;
(c) to pay to itself from any Mortgagor payment as to interest or other recovery with respect to a particular Loan, to the extent permitted by this Agreement, that portion of any payment as to interest in excess of interest at the applicable Pass-Through Rate which the Servicer is entitled to retain as Servicing Fees pursuant to Section 3.9 or otherwise;
(d) to reimburse itself for expenses incurred by and recoverable by or reimbursable to it pursuant to Section 3.1 or 3.5 after the related Mortgagor has reimbursed the Trust Fund for such expenses or following liquidation of the related Loan, or pursuant to Section 6.3;
(e) to pay to itself with respect to each Loan or property acquired in respect thereof that has been repurchased pursuant to Section 2.2 or 2.3 or purchased by the Class R Certificateholder Servicer pursuant to Section 9.1 all amounts received thereon and not distributed as of the date on which the related Principal Balance is determined;
(f) to reimburse itself for any Nonrecoverable Advances;
(g) to disburse to the Trustee or its designee in order that the Trustee or its designee may make payments to Certificateholders in the amounts and in the manner provided for in Section 4.1;
(h) to pay itself any net interest or other income earned and received on or investment income received with respect to funds in the Custodial Account for P&IP & I; and
(i) to make payments to itself or others pursuant to any provision of this Agreement and to remove any amounts not required to be deposited therein and to clear and terminate the Custodial Account for P&I pursuant to Section 9.1. Since in connection with withdrawals pursuant to subclauses (a), (b), (c) and (e) the Servicer's entitlement thereto is limited to collections or other recoveries on the related Loan, the Servicer shall keep and maintain a separate accounting for each Loan for the purpose of justifying any withdrawal from the Custodial Account for P&I pursuant to such subclauses. The Servicer shall make the withdrawal referred to in subclause (g) above and shall deposit the amount so withdrawn into the Certificate Account prior to 4:00 P.M. New York City time on each related Withdrawal Date.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Mul Class Mor Pass THR Ce Ser 2002-10)
Permitted Withdrawals from the Custodial Account for P&I. The Servicer may, from time to time, make withdrawals from the Custodial Account for P&I for the following purposes:
(a) to reimburse itself for Advances made by it pursuant to Section 3.4 or 4.3, the Servicer's right to reimburse itself pursuant to this subclause (a) being limited to (i) amounts received on or in respect of particular Loans (including, for this purpose, Liquidation Proceeds and Insurance Proceeds which represent late recoveries of payments of principal and/or interest respecting which any such Advance was made and any net income received from the renting of REO Property pursuant to Section 3.7(c)) and (ii) amounts in the Custodial Account for P&I held for future distribution or withdrawal, such amounts referred to in clause (ii) of this subclause (a) to be replaced by the Servicer to the extent that funds in the Custodial Account for P&I on a future Withdrawal Date are less than the payment required to be made to the Certificate Account therefrom as of such future Distribution Date;
(i) to reimburse itself from Liquidation Proceeds for Liquidation Expenses, (ii) for amounts expended by it pursuant to Section 3.7 in good faith in connection with the restoration of damaged property and (iii) to the extent that Liquidation Proceeds after such reimbursement are in excess of the Principal Balance of the related Loan together with accrued and unpaid interest thereon at the applicable Pass-Pass- Through Rate to the date of such liquidation, net of any related Advances which were unreimbursed prior to the receipt of such Liquidation Proceeds, to pay to itself any unpaid Servicing Fees, and any assumption fees, late payment charges or other Mortgage charges on the related Loan;
(c) to pay to itself from any Mortgagor payment as to interest or other recovery with respect to a particular Loan, to the extent permitted by this Agreement, that portion of any payment as to interest in excess of interest at the applicable Pass-Through Rate which the Servicer is entitled to retain as Servicing Fees pursuant to Section 3.9 or otherwise;
(d) to reimburse itself for expenses incurred by and recoverable by or reimbursable to it pursuant to Section 3.1 or 3.5 after the related Mortgagor has reimbursed the Trust Fund for such expenses or following liquidation of the related Loan, or pursuant to Section 6.3;
(e) to pay to itself with respect to each Loan or property acquired in respect thereof that has been repurchased pursuant to Section 2.2 or 2.3 or purchased by the Class R Certificateholder pursuant to Section 9.1 all amounts received thereon and not distributed as of the date on which the related Principal Balance is determined;
(f) to reimburse itself for any Nonrecoverable Advances;
(g) to disburse to the Trustee in order that the Trustee may make payments to Certificateholders in the amounts and in the manner provided for in Section 4.1;
(h) to pay itself any net interest or other income earned and received on or investment income received with respect to funds in the Custodial Account for P&I; and
(i) to make payments to itself or others pursuant to any provision of this Agreement and to remove any amounts not required to be deposited therein and to clear and terminate the Custodial Account for P&I pursuant to Section 9.1. Since in connection with withdrawals pursuant to subclauses (a), (b), (c) and (e) the Servicer's entitlement thereto is limited to collections or other recoveries on the related Loan, the Servicer shall keep and maintain a separate accounting for each Loan for the purpose of justifying any withdrawal from the Custodial Account for P&I pursuant to such subclauses. The Servicer shall make the withdrawal referred to in subclause (g) above and shall deposit the amount so withdrawn into the Certificate Account prior to 4:00 P.M. New York City time on each related Withdrawal Date.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2001-8)
Permitted Withdrawals from the Custodial Account for P&I. The Servicer may, from time to time, make withdrawals from the Custodial Account for P&I for the following purposes:
(a) to reimburse itself for Advances made by it pursuant to Section 3.4 or 4.3, the Servicer's right to reimburse itself pursuant to this subclause (a) being limited to (i) amounts received on or in respect of particular Loans (including, for this purpose, Liquidation Proceeds and Insurance Proceeds which represent late recoveries of payments of principal and/or interest respecting which any such Advance was made and any net income received from the renting of REO Property pursuant to Section 3.7(c)) and (ii) amounts or to reimburse itself for Advances from funds in the Custodial Account for P&I held for future distribution or withdrawal, such amounts referred to in clause (ii) of this subclause (a) funds to be replaced by the Servicer to the extent that funds in the Custodial Account for P&I on a future Withdrawal Date are less than the payment required to be made to the Certificate Account therefrom as of such future Distribution Date;
(b) (i) to reimburse itself from Liquidation Proceeds for Liquidation Expenses, (ii) for amounts expended by it pursuant to Section 3.7 in good faith in connection with the restoration of damaged property and (iii) to the extent that Liquidation Proceeds after such reimbursement are in excess of the Principal Balance of the related Loan together with accrued and unpaid interest thereon at the applicable Pass-Through Rate to the date of such liquidation, net of any related Advances which were unreimbursed prior to the receipt of such Liquidation Proceeds, to pay to itself any unpaid Servicing Fees, and any assumption fees, late payment charges or other Mortgage charges on the related Loan;
(c) to pay to itself from any Mortgagor payment as to interest or other recovery with respect to a particular Loan, to the extent permitted by this Agreement, that portion of any payment as to interest in excess of interest at the applicable Pass-Through Rate which the Servicer is entitled to retain as Servicing Fees pursuant to Section 3.9 or otherwise;
(d) to reimburse itself for expenses incurred by and recoverable by or reimbursable to it pursuant to Section 3.1 or 3.5 after the related Mortgagor has reimbursed the Trust Fund for such expenses or following liquidation of the related Loan, or pursuant to Section 6.3;
(e) to pay to itself with respect to each Loan or property acquired in respect thereof that has been repurchased pursuant to Section 2.2 or 2.3 or purchased by the Class R Certificateholder pursuant to Section 9.1 all amounts received thereon and not distributed as of the date on which the related Principal Balance is determined;
(f) to reimburse itself for any Nonrecoverable Advances;
(g) to disburse to the Trustee in order that the Trustee may make payments to Certificateholders in the amounts and in the manner provided for in Section 4.1;
(h) to pay itself any net interest or other income earned and received on or investment income received with respect to funds in the Custodial Account for P&I; and
(i) to make payments to itself or others pursuant to any provision of this Agreement and to remove any amounts not required to be deposited therein and to clear and terminate the Custodial Account for P&I pursuant to Section 9.1. Since in connection with withdrawals pursuant to subclauses (a), (b), (c) and (e) the Servicer's entitlement thereto is limited to collections or other recoveries on the related Loan, the Servicer shall keep and maintain a separate accounting for each Loan for the purpose of justifying any withdrawal from the Custodial Account for P&I pursuant to such subclauses. The Servicer shall make the withdrawal referred to in subclause (g) above and shall deposit the amount so withdrawn into the Certificate Account prior to 4:00 P.M. New York City time on each related Withdrawal Date.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Abn Amro Mortgage Corp)
Permitted Withdrawals from the Custodial Account for P&I. The Servicer may, from time to time, make withdrawals from the Custodial Account for P&I for the following purposes:
(a) to reimburse itself for Advances made by it pursuant to Section 3.4 or 4.3, the Servicer's right to reimburse itself pursuant to this subclause (a) being limited to (i) amounts received on or in respect of particular Loans (including, for this purpose, Liquidation Proceeds and Insurance Proceeds which represent late recoveries of payments of principal and/or interest respecting which any such Advance was made and any net income received from the renting of REO Property pursuant to Section 3.7(c)) and (ii) amounts or to reimburse itself for Advances from funds in the Custodial Account for P&I held for future distribution or withdrawal, such amounts referred to in clause (ii) of this subclause (a) funds to be replaced by the Servicer to the extent that funds in the Custodial Account for P&I on a future Withdrawal Date are less than the payment required to be made to the Certificate Account therefrom as of such future Distribution Date;
(i) to reimburse itself from Liquidation Proceeds for Liquidation Expenses, (ii) for amounts expended by it pursuant to Section 3.7 in good faith in connection with the restoration of damaged property and (iii) to the extent that Liquidation Proceeds after such reimbursement are in excess of the Principal Balance of the related Loan together with accrued and unpaid interest thereon at the applicable Pass-Pass- Through Rate to the date of such liquidation, net of any related Advances which were unreimbursed prior to the receipt of such Liquidation Proceeds, to pay to itself any unpaid Servicing Fees, and any assumption fees, late payment charges or other Mortgage charges on the related Loan;
(c) to pay to itself from any Mortgagor payment as to interest or other recovery with respect to a particular Loan, to the extent permitted by this Agreement, that portion of any payment as to interest in excess of interest at the applicable Pass-Through Rate which the Servicer is entitled to retain as Servicing Fees pursuant to Section 3.9 or otherwise;
(d) to reimburse itself for expenses incurred by and recoverable by or reimbursable to it pursuant to Section 3.1 or 3.5 after the related Mortgagor has reimbursed the Trust Fund for such expenses or following liquidation of the related Loan, or pursuant to Section 6.3;
(e) to pay to itself with respect to each Loan or property acquired in respect thereof that has been repurchased pursuant to Section 2.2 or 2.3 or purchased by the Class R Certificateholder pursuant to Section 9.1 all amounts received thereon and not distributed as of the date on which the related Principal Balance is determined;
(f) to reimburse itself for any Nonrecoverable Advances;
(g) to disburse to the Trustee in order that the Trustee may make payments to Certificateholders in the amounts and in the manner provided for in Section 4.1;
(h) to pay itself any net interest or other income earned and received on or investment income received with respect to funds in the Custodial Account for P&I; and
(i) to make payments to itself or others pursuant to any provision of this Agreement and to remove any amounts not required to be deposited therein and to clear and terminate the Custodial Account for P&I pursuant to Section 9.1. Since in connection with withdrawals pursuant to subclauses (a), (b), (c) and (e) the Servicer's entitlement thereto is limited to collections or other recoveries on the related Loan, the Servicer shall keep and maintain a separate accounting for each Loan for the purpose of justifying any withdrawal from the Custodial Account for P&I pursuant to such subclauses. The Servicer shall make the withdrawal referred to in subclause (g) above and shall deposit the amount so withdrawn into the Certificate Account prior to 4:00 P.M. New York City time on each related Withdrawal Date.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 1999-4)
Permitted Withdrawals from the Custodial Account for P&I. The Servicer may, from time to time, make withdrawals from the Custodial Account for P&I and the Certificate Account for the following purposes:
(a) to reimburse itself for Advances made by or on behalf of it pursuant to Section 3.4 or 4.3, the Servicer's right to reimburse itself pursuant to this subclause (a) being limited to (i) amounts received on or in respect of particular Loans (including, for this purpose, Liquidation Proceeds and Insurance Proceeds which represent late recoveries of payments of principal and/or interest respecting which any such Advance was made and any net income received from the renting of REO Property pursuant to Section 3.7(c)) and (ii) amounts in the Custodial Account for P&I held for future distribution or withdrawal, such amounts referred to in clause (ii) of this subclause (a) to be replaced by the Servicer to the extent that funds in the Custodial Account for P&I on a future Withdrawal Date are less than the payment required to be made to the Certificate Account therefrom as of such future Distribution Date;
(i) to reimburse itself from Liquidation Proceeds for Liquidation Expenses, (ii) for amounts expended by it pursuant to Section 3.7 in good faith in connection with the restoration of damaged property and (iii) to the extent that Liquidation Proceeds after such reimbursement are in excess of the Principal Balance of the related Loan together with accrued and unpaid interest thereon at the applicable Pass-Through Rate to the date of such liquidation, net of any related Advances which were unreimbursed prior to the receipt of such Liquidation Proceeds, to pay to itself any unpaid Servicing Fees, and any assumption fees, late payment charges or other Mortgage charges on the related Loan;
(c) to pay to itself from any Mortgagor payment as to interest or other recovery with respect to a particular Loan, to the extent permitted by this Agreement, that portion of any payment as to interest in excess of interest at the applicable Pass-Through Rate which the Servicer is entitled to retain as Servicing Fees pursuant to Section 3.9 or otherwise;
(d) to reimburse itself for expenses incurred by and recoverable by or reimbursable to it pursuant to Section 3.1 or 3.5 after the related Mortgagor has reimbursed the Trust Fund for such expenses or following liquidation of the related Loan, or pursuant to Section 6.3;
(e) to pay to itself with respect to each Loan or property acquired in respect thereof that has been repurchased pursuant to Section 2.2 or 2.3 or purchased by the Class R Certificateholder Certificateholders pursuant to Section 9.1 all amounts received thereon and not distributed as of the date on which the related Principal Balance is determined;
(f) to reimburse itself for any Nonrecoverable Advances;
(g) to disburse to the Trustee in order that the Trustee may make payments to Certificateholders in the amounts and in the manner provided for in Section 4.1;
(h) to pay itself any net interest or other income earned and received on or investment income received with respect to funds in the Custodial Account for P&I; and
(i) to make payments to itself or others pursuant to any provision of this Agreement and to remove any amounts not required to be deposited therein and to clear and terminate the Custodial Account for P&I pursuant to Section 9.1. Since in connection with withdrawals pursuant to subclauses (a), (b), (c) and (e) the Servicer's entitlement thereto is limited to collections or other recoveries on the related Loan, the Servicer shall keep and maintain a separate accounting for each Loan for the purpose of justifying any withdrawal from the Custodial Account for P&I pursuant to such subclauses. The Servicer shall make the withdrawal referred to in subclause (g) above and shall deposit the amount so withdrawn into the Certificate Account prior to 4:00 P.M. New York City time on each related Withdrawal Date. The Servicer may establish, or cause to be established, two or more Custodial Accounts for P&I into which funds collected by the Servicer or its subservicers in connection with the Loans may be deposited. Funds collected in connection with mortgage loans other than the Loans may also be deposited in the Custodial Accounts for P&I and co-mingled with collections on the Loans. The Servicer may, in its discretion, withdraw funds from one Custodial Account for P&I and deposit such funds into another Custodial Account for P&I prior to the date such funds must be deposited in the Certificate Account.
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Sources: Pooling and Servicing Agreement (Abn Amro Mortgage Corp Series 2001-4)