Presentment of Claims and Collection of Proceeds. The Master Servicer shall cause the Servicer or the Subservicer (to the extent provided in the Servicing Agreement) to, prepare and present on behalf of the Trustee and the Certificateholders all claims under the Insurance Policies with respect to the Mortgage Loans, and take such actions (including the negotiation, settlement, compromise or enforcement of the insured’s claim) as shall be necessary to realize recovery under such policies. Any proceeds disbursed to the Master Servicer (or disbursed to the Servicer or the Subservicer and remitted to the Master Servicer) in respect of such policies or bonds shall be promptly deposited in the Collection Account or the Custodial Account upon receipt, except that any amounts realized that are to be applied to the repair or restoration of the related Mortgaged Property as a condition requisite to the presentation of claims on the related Mortgage Loan to the insurer under any applicable Insurance Policy need not be so deposited (or remitted).
Appears in 3 contracts
Sources: Trust Agreement (Fieldstone Mortgage Investment CORP), Trust Agreement (NYMT Securities CORP), Trust Agreement (Fieldstone Mortgage Investment CORP)
Presentment of Claims and Collection of Proceeds. The Master Servicer shall cause the Servicer or the Subservicer (to the extent provided in the Servicing this Agreement) cause the Company to, prepare and present on behalf of the Trustee and the Certificateholders all claims under the Insurance Policies with respect to the Mortgage Loans, and take such actions (including the negotiation, settlement, compromise or enforcement of the insured’s claim) as shall be necessary to realize recovery under such policies. Any proceeds disbursed to the Master Servicer (or disbursed to the Servicer or the Subservicer Company and remitted to the Master Servicer) in respect of such policies policies, bonds or bonds contracts shall be promptly deposited in the Master Servicer Collection Account or the Custodial Account upon receipt, except that any amounts realized that are to be applied to the repair or restoration of the related Mortgaged Property, which repair or restoration the owner of such Mortgaged Property or EMC, as applicable, has agreed to make as a condition requisite precedent to the presentation of claims on the related Mortgage Loan to the insurer under any applicable Insurance Policy need not be so deposited (or remitted).
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He6), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He6), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He7)
Presentment of Claims and Collection of Proceeds. The Master Servicer shall cause the Servicer or the Subservicer (to the extent provided in this Agreement and the Servicing Agreement) enforce the obligation of the Company or the related Servicer to, prepare and present on behalf of the Trustee and the Certificateholders all claims under the Insurance Policies with respect to the Mortgage Loans, and take such actions (including the negotiation, settlement, compromise or enforcement of the insured’s claim) as shall be necessary to realize recovery under such policies. Any proceeds disbursed to the Master Servicer (or disbursed to the Servicer Company or the Subservicer related Servicer and remitted to the Master Servicer) in respect of such policies policies, bonds or bonds contracts shall be promptly deposited in the Master Servicer Collection Account or the Custodial Account upon receipt, except that any amounts realized that are to be applied to the repair or restoration of the related Mortgaged Property as a condition requisite precedent to the presentation of claims on the related Mortgage Loan to the insurer under any applicable Insurance Policy need not be so deposited (or remitted).
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (SACO I Trust 2006-5), Pooling and Servicing Agreement (SACO I Trust 2006-5), Pooling and Servicing Agreement
Presentment of Claims and Collection of Proceeds. The Master Servicer shall cause the Servicer or the Subservicer (subject to Section 4.01 and to the extent provided in the applicable Servicing Agreement) to, cause the related Servicer to prepare and present on behalf of the Indenture Trustee and the Certificateholders Securityholders all claims under the Insurance Policies with respect to the Mortgage Loans, and take such actions (including the negotiation, settlement, compromise or enforcement of the insured’s claimclaim and compliance with any applicable requirements of FHA or VA) as shall be necessary to realize recovery under such policies. Any proceeds disbursed to the Master Servicer (or disbursed to the a Servicer or the Subservicer and remitted to the Master Servicer) in respect of such policies policies, bonds or bonds contracts shall be promptly deposited in the Collection Account or the Custodial Account upon receipt, except that any amounts realized that are to be applied to the repair or restoration of the related Mortgaged Property as a condition requisite precedent to the presentation of claims on the related Mortgage Loan to the insurer under any applicable Insurance Policy need not be so deposited (or remitted).
Appears in 3 contracts
Sources: Transfer and Servicing Agreement (Bayview Financial Securities Co LLC), Transfer and Servicing Agreement (Bayview Financial Securities Co LLC), Transfer and Servicing Agreement (BLG Securities Company, LLC)
Presentment of Claims and Collection of Proceeds. The WF Master Servicer shall cause the Servicer or the Subservicer (to the extent provided in the applicable Servicing Agreement) cause the related WF Servicer to, prepare and present on behalf of the Trustee and the Certificateholders all claims under the Insurance Policies with respect to the Mortgage Loans, and take such actions (including the negotiation, settlement, compromise or enforcement of the insured’s 's claim) as shall be necessary to realize recovery under such policies. Any proceeds disbursed to the WF Master Servicer (or disbursed to the a WF Servicer or the Subservicer and remitted to the WF Master Servicer) in respect of such policies policies, bonds or bonds contracts shall be promptly deposited in the Collection Account or the WF Master Servicer Custodial Account upon receipt, except that any amounts realized that are to be applied to the repair or restoration of the related Mortgaged Property as a condition requisite precedent to the presentation of claims on the related Mortgage Loan to the insurer under any applicable Insurance Policy need not be so deposited (or remitted).
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Banc of America Funding Corp. 2005-1 Trust), Pooling and Servicing Agreement (Banc of America Funding Corp. Mortgage Pass-Through Certificates Series 2004-4)
Presentment of Claims and Collection of Proceeds. The Master Servicer shall cause the Servicer or the Subservicer (to the extent provided in the ▇▇▇▇▇ Fargo Servicing Agreement) to, cause the Servicer to prepare and present on behalf of the Depositor, the Grantor Trustee and the Grantor Trust Certificateholders all claims under the Insurance Policies with respect to the Mortgage Loans, and take such actions (including the negotiation, settlement, compromise or enforcement of the insured’s 's claim) as shall be necessary to realize recovery under such policies. Any proceeds disbursed to the Master Servicer (or disbursed to the Servicer or the Subservicer and remitted to the Master Servicer) in respect of such policies policies, bonds or bonds contracts shall be promptly deposited in the Master Servicer Collection Account or the Custodial Account upon receipt, except that any amounts realized that are to be applied to the repair or restoration of the related Mortgaged Property as a condition requisite precedent to the presentation of claims on the related Mortgage Loan to the insurer under any applicable Insurance Policy need not be so deposited (or remitted).
Appears in 2 contracts
Sources: Servicing Agreement (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-2), Servicing Agreement (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-2)
Presentment of Claims and Collection of Proceeds. The Master Servicer shall cause the Servicer or the Subservicer (to the extent provided in the applicable Servicing Agreement) cause the related Servicer to, prepare and present on behalf of the Trustee and the Certificateholders all claims under the Insurance Policies Policies, including claims for FHA contracts of insurance with respect to the Mortgage LoansLoans and any claims under any VA guarantee, and take such actions (including the negotiation, settlement, compromise or enforcement of the insured’s 's claim) as shall be necessary to realize recovery under such policies. Any proceeds disbursed to the Master Servicer (or disbursed to the a Servicer or the Subservicer and remitted to the Master Servicer) in respect of such policies policies, bonds or bonds contracts shall be promptly deposited in the Collection Account or the Custodial Protected Account upon receipt, except that any amounts realized that are to be applied to the repair or restoration of the related Mortgaged Property as a condition requisite precedent to the presentation of claims on the related Mortgage Loan to the insurer under any applicable Insurance Policy need not be so deposited (or remitted).
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc), Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Presentment of Claims and Collection of Proceeds. The Master Servicer shall (subject to Section 5.01) cause the Servicer or the Subservicer (to the extent provided in the Servicing Agreement) to, prepare and present on behalf of the Indenture Trustee and the Certificateholders Securityholders all claims under the Insurance Policies with respect to the Mortgage Loans, and take such actions (including the negotiation, settlement, compromise or enforcement of the insured’s claimclaim and compliance with any applicable requirements of FHA or VA) as shall be necessary to realize recovery under such policies. Any proceeds disbursed to the Master Servicer (or disbursed to the Servicer or the Subservicer and remitted to the Master Servicer) in respect of such policies policies, bonds or bonds contracts shall be promptly deposited in the Collection Account or the Custodial Account upon receipt, except that any amounts realized that are to be applied to the repair or restoration of the related Mortgaged Property as a condition requisite precedent to the presentation of claims on the related Mortgage Loan to the insurer under any applicable Insurance Policy need not be so deposited (or remitted).
Appears in 2 contracts
Sources: Transfer and Servicing Agreement (HMB Acceptance Corp.), Transfer and Servicing Agreement (Aegis Asset Backed Securities Corp)
Presentment of Claims and Collection of Proceeds. The WF Master Servicer shall cause the Servicer or the Subservicer (to the extent provided in the applicable Servicing Agreement) to, cause the related WF Servicer to prepare and present on behalf of the Trustee and the Certificateholders all claims under the Insurance Policies with respect to the Mortgage Loans, and take such actions (including the negotiation, settlement, compromise or enforcement of the insured’s 's claim) as shall be necessary to realize recovery under such policies. Any proceeds disbursed to the WF Master Servicer (or disbursed to the a WF Servicer or the Subservicer and remitted to the WF Master Servicer) in respect of such policies policies, bonds or bonds contracts shall be promptly deposited in the Collection Account or the WF Master Servicer Custodial Account upon receipt, except that any amounts realized that are to be applied to the repair or restoration of the related Mortgaged Property as a condition requisite precedent to the presentation of claims on the related Mortgage Loan to the insurer under any applicable Insurance Policy need not be so deposited (or remitted).
Appears in 1 contract
Presentment of Claims and Collection of Proceeds. The Master Servicer shall cause the Servicer or the Subservicer (to the extent provided in the Servicing Agreement or this Agreement) to, cause the Servicers to prepare and present on behalf of the Trustee Issuing Entity, the Indenture Trustee, the Noteholders and the Certificateholders all claims under the Insurance Policies with respect to the Mortgage Loans, and take such actions (including the negotiation, settlement, compromise or enforcement of the insured’s claim) as shall be necessary to realize recovery under such policies. Any proceeds disbursed to the Master Servicer (or disbursed to the Servicer or the Subservicer Servicers and remitted to the Master Servicer) in respect of such policies policies, bonds or bonds contracts shall be promptly deposited in the Master Servicer Collection Account or the Custodial Account upon receipt, except that any amounts realized that are to be applied to the repair or restoration of the related Mortgaged Property as a condition requisite precedent to the presentation of claims on the related Mortgage Loan HELOC to the insurer under any applicable Insurance Policy need not be so deposited (or remitted).
Appears in 1 contract
Presentment of Claims and Collection of Proceeds. The Master Servicer shall cause the Servicer or the Subservicer (subject to Section 4.01 and to the extent provided in the applicable Servicing Agreement) to, cause the related Servicer to prepare and present on behalf of the Trustee Trustee, the Certificateholders and the Certificateholders Class A-F5 Insurer all claims under the Insurance Policies with respect to the Mortgage Loans, and take such actions (including the negotiation, settlement, compromise or enforcement of the insured’s claimclaim and compliance with any applicable requirements of FHA or VA) as shall be necessary to realize recovery under such policies. Any proceeds disbursed to the Master Servicer (or disbursed to the a Servicer or the Subservicer and remitted to the Master Servicer) in respect of such policies policies, bonds or bonds contracts shall be promptly deposited in the Collection Account or the Custodial Account upon receipt, except that any amounts realized that are to be applied to the repair or restoration of the related Mortgaged Property as a condition requisite precedent to the presentation of claims on the related Mortgage Loan to the insurer under any applicable Insurance Policy need not be so deposited (or remitted).
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bayview Financial Mortage Pass-Through Trust 2005-D)
Presentment of Claims and Collection of Proceeds. The Master ------------------------------------------------ Servicer shall, or shall cause the each Servicer or the Subservicer (to the extent provided in the applicable Servicing Agreement) to, prepare and present on behalf of the Trustee and the Certificateholders all claims under the Insurance Policies with respect to the Mortgage Loans, and take such actions (including the negotiation, settlement, compromise or enforcement of the insured’s 's claim) as shall be necessary to realize recovery under such policies. Any proceeds disbursed to the Master Servicer (or disbursed to the a Servicer or the Subservicer and remitted to the Master Servicer) in respect of such policies or bonds shall be promptly deposited in the Collection Account or the Custodial Account upon receipt, except that any amounts realized that are to be applied to the repair or restoration of the related Mortgaged Property as a condition requisite to the presentation of claims on the related Mortgage Loan to the insurer under any applicable Insurance Policy need not be so deposited (or remitted).
Appears in 1 contract
Presentment of Claims and Collection of Proceeds. The Master Servicer shall cause the Servicer or the Subservicer (shall, to the extent provided in this Agreement, enforce the Servicing Agreement) to, obligation of the Servicer to prepare and present on behalf of the Trustee Issuing Entity, the Indenture Trustee, the Noteholders, the Note Insurer and the Certificateholders all claims under the Insurance Policies with respect to the Mortgage Loans, and take such actions (including the negotiation, settlement, compromise or enforcement of the insured’s claim) as shall be necessary to realize recovery under such policies. Any proceeds disbursed to the Master Servicer (or disbursed to the Servicer or the Subservicer and remitted to the Master Servicer) in respect of such policies policies, bonds or bonds contracts shall be promptly deposited in the Collection Account or the Custodial Payment Account upon receipt, except that any amounts realized that are to be applied to the repair or restoration of the related Mortgaged Property as a condition requisite precedent to the presentation of claims on the related Mortgage Loan HELOC to the insurer under any applicable Insurance Policy need not be so deposited (or remitted).
Appears in 1 contract
Sources: Sale and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Gp1)
Presentment of Claims and Collection of Proceeds. The Master Servicer shall cause the Servicer or the Subservicer (to the extent provided in required under the Servicing Agreement) to, to prepare and present on behalf of the Trustee and the Certificateholders all claims under the Insurance Policies any insurance policies with respect to the Mortgage Loans, Loans and take such actions (including the negotiation, settlement, compromise or enforcement of the insured’s claim) as shall be necessary to realize recovery under such policies. Any proceeds disbursed to the Master Servicer (or disbursed to the Servicer or the Subservicer and remitted to the Master Servicer) in respect of such policies policies, bonds or bonds contracts shall be promptly deposited in the Collection Account or the Custodial Distribution Account upon receipt, except that any amounts realized that are to be applied to the repair or restoration of the related Mortgaged Property as a condition requisite precedent to the presentation of claims on the related Mortgage Loan to the insurer under any applicable Insurance Policy insurance policy need not be so deposited (or remitted).
Appears in 1 contract
Sources: Pooling and Servicing Agreement (People's Financial Realty Mortgage Securities 2006-1)
Presentment of Claims and Collection of Proceeds. The Master Servicer shall cause the Servicer or the Subservicer (to the extent provided in the applicable Servicing Agreement) cause the related Servicer to, prepare and present on behalf of the Trustee and the Certificateholders all claims under the Insurance Policies and claims for FHA contracts of insurance with respect to the Mortgage Loans, and take such actions (including the negotiation, settlement, compromise or enforcement of the insured’s 's claim) as shall be necessary to realize recovery under such policies. Any proceeds disbursed to the Master Servicer (or disbursed to the a Servicer or the Subservicer and remitted to the Master Servicer) in respect of such policies policies, bonds or bonds contracts shall be promptly deposited in the Collection Account or the Custodial Protected Account upon receipt, except that any amounts realized that are to be applied to the repair or restoration of the related Mortgaged Property as a condition requisite precedent to the presentation of claims on the related Mortgage Loan to the insurer under any applicable Insurance Policy need not be so deposited (or remitted).
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Presentment of Claims and Collection of Proceeds. The Master Servicer shall cause the Servicer or the Subservicer (subject to Section 4.01 and to the extent provided in the applicable Servicing Agreement) to, cause the related Servicer to prepare and present on behalf of the Trustee Trustee, the Certificateholders and the Certificateholders Class 1-A5 Insurer all claims under the Insurance Policies with respect to the Mortgage Loans, and take such actions (including the negotiation, settlement, compromise or enforcement of the insured’s claimclaim and compliance with any applicable requirements of FHA or VA) as shall be necessary to realize recovery under such policies. Any proceeds disbursed to the Master Servicer (or disbursed to the a Servicer or the Subservicer and remitted to the Master Servicer) in respect of such policies policies, bonds or bonds contracts shall be promptly deposited in the Collection Account or the Custodial Account upon receipt, except that any amounts realized that are to be applied to the repair or restoration of the related Mortgaged Property as a condition requisite precedent to the presentation of claims on the related Mortgage Loan to the insurer under any applicable Insurance Policy need not be so deposited (or remitted).
Appears in 1 contract
Presentment of Claims and Collection of Proceeds. The WF Master Servicer shall cause the Servicer or the Subservicer (to the extent provided in the applicable Servicing Agreement) cause the related WF Servicer to, prepare and present on behalf of the Trustee Trust and the Certificateholders all claims under the Insurance Policies with respect to the Mortgage Loans, and take such actions (including the negotiation, settlement, compromise or enforcement of the insured’s 's claim) as shall be necessary to realize recovery under such policies. Any proceeds disbursed to the WF Master Servicer (or disbursed to the a WF Servicer or the Subservicer and remitted to the WF Master Servicer) in respect of such policies policies, bonds or bonds contracts shall be promptly deposited in the Collection Account or the WF Master Servicer Custodial Account upon receipt, except that any amounts realized that are to be applied to the repair or restoration of the related Mortgaged Property as a condition requisite precedent to the presentation of claims on the related Mortgage Loan to the insurer under any applicable Insurance Policy need not be so deposited (or remitted).
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Banc of America Funding 2007-3 Trust)
Presentment of Claims and Collection of Proceeds. The Master Servicer shall cause the Servicer or the Subservicer (to the extent provided in the applicable Servicing Agreement) cause the related Interim Servicer or related Servicer to, prepare and present on behalf of the Trustee and the related Certificateholders all claims under the Insurance Policies with respect to the Mortgage Loans, any insurance policies and take such actions (including the negotiation, settlement, compromise or enforcement of the insured’s 's claim) as shall be necessary to realize recovery under such policies. Any proceeds disbursed to the Master Servicer (or disbursed to the an Interim Servicer or the Subservicer to a Servicer and remitted to the Master Servicer) in respect of such policies policies, bonds or bonds contracts shall be promptly deposited in the Collection Account or the Custodial Distribution Account upon receipt, except that any amounts realized that are to be applied to the repair or restoration of the related Mortgaged Property as a condition requisite precedent to the presentation of claims on the related Mortgage Loan to the insurer under any applicable Insurance Policy insurance policy need not be so deposited (or remitted).
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Deutsche Alt-a Securities, Inc. Mortgage Loan Trust, Series 2005-2)
Presentment of Claims and Collection of Proceeds. The Master Servicer shall cause the Servicer or the Subservicer (to the extent provided in this Agreement and the National City Servicing Agreement) cause the Company or the Servicer to, prepare and present on behalf of the Trustee and the Certificateholders all claims under the Insurance Policies with respect to the Mortgage Loans, and take such actions (including the negotiation, settlement, compromise or enforcement of the insured’s 's claim) as shall be necessary to realize recovery under such policies. Any proceeds disbursed to the Master Servicer (or disbursed to the Servicer Company or the Subservicer Servicer and remitted to the Master Servicer) in respect of such policies policies, bonds or bonds contracts shall be promptly deposited in the Master Servicer Collection Account or the Custodial Account upon receipt, except that any amounts realized that are to be applied to the repair or restoration of the related Mortgaged Property as a condition requisite precedent to the presentation of claims on the related Mortgage Loan to the insurer under any applicable Insurance Policy need not be so deposited (or remitted).
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bear Stearns Asset Bk Sec Inc Series 2002-Ac5)
Presentment of Claims and Collection of Proceeds. The Master Servicer shall cause the Servicer or the Subservicer (to the extent provided in this Agreement and the related Servicing Agreement) cause the Company or the related Servicer to, prepare and present on behalf of the Trustee Trustee, MBIA and the Certificateholders all claims under the Insurance Policies with respect to the Mortgage Loans, and take such actions (including the negotiation, settlement, compromise or enforcement of the insured’s 's claim) as shall be necessary to realize recovery under such policies. Any proceeds disbursed to the Master Servicer (or disbursed to the Company or any Servicer or the Subservicer and remitted to the Master Servicer) in respect of such policies policies, bonds or bonds contracts shall be promptly deposited in the Master Servicer Collection Account or the Custodial Account upon receipt, except that any amounts realized that are to be applied to the repair or restoration of the related Mortgaged Property as a condition requisite precedent to the presentation of claims on the related Mortgage Loan to the insurer under any applicable Insurance Policy need not be so deposited (or remitted).
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Sec Inc Asst Bk Cert Ser 2002-Ac3)