Common use of Withdrawals From Escrow Account Clause in Contracts

Withdrawals From Escrow Account. Withdrawals from the Escrow Account may be made by the Company only (a) to effect timely payments of taxes, assessments, Primary Insurance Policy premiums, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Company for any Servicing Advance made by the Company pursuant to Section 4.08 hereof with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late payments or collections of Escrow Payments thereunder, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, for transfer to the Custodial Account of such amounts as are to be applied to the indebtedness of a Mortgage Loan in accordance with the terms thereof, (e) for application to restoration or repair of the Mortgaged Property, (f) to deposit into the Custodial Account the funds required to be deposited therein pursuant to Section 4.14, (g) to pay to itself amounts to which it is entitled pursuant to Section 4.14, (h) to withdraw any Escrow Payments related to a Mortgage Loan repurchased by the Company pursuant to Section 3.03, or (i) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 2 contracts

Sources: Master Flow Sale and Servicing Agreement (Banc of America Funding 2007-3 Trust), Master Flow Sale and Servicing Agreement (Banc of America Funding 2007-4 Trust)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account may be made by the Company Seller only (a) to effect timely payments of taxes, assessments, Primary Insurance Policy premiums, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Company Seller for any Servicing Advance made by the Company Seller pursuant to Section 4.08 hereof with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late payments or collections of Escrow Payments thereunder, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, for transfer to the Custodial Account of such amounts as are to be applied to the indebtedness of a Mortgage Loan in accordance with the terms thereof, (e) for application to restoration or repair of the Mortgaged Property, (f) to deposit into the Custodial Account the funds required to be deposited therein pursuant to Section 4.14, (g) to pay to itself amounts to which it is entitled pursuant to Section 4.14, (h) to withdraw any Escrow Payments related to a Mortgage Loan repurchased by the Company Seller pursuant to Section 3.03, or (i) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 1 contract

Sources: Mortgage Loan Flow Purchase, Sale, and Servicing Agreement (Sequoia Mortgage Trust 2007-1)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account may be made by the Company only (a) to effect timely payments of taxes, assessments, Primary Insurance Policy premiumspre-miums, fire and hazard insurance premiums or other items constituting consti-tuting Escrow Payments for the related Mortgage, (b) to reimburse the Company for any Servicing Advance made by the Company pursuant to Section 4.08 hereof with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late payments or collections collec-tions of Escrow Payments thereunderthere-under, (c) to refund to any Mortgagor Mort-gagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, for transfer to the Custodial Account of such amounts as are to be applied to the indebtedness of a Mortgage Loan in accordance with the terms thereof, (e) for application to restoration or repair of the Mortgaged Property, (f) to deposit into the Custodial Account the funds required to be deposited therein pursuant to Section 4.14, (g) to pay to itself amounts to which it is entitled pursuant to Section 4.14, (h) to withdraw any Escrow Payments related to a Mortgage Loan repurchased by the Company pursuant to Section 3.03, or (i) to clear and terminate the Escrow Account upon the termination termina-tion of this Agreement.

Appears in 1 contract

Sources: Master Mortgage Loan Sale and Servicing Agreement (Lehman XS Trust Series 2006-12n)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account may be made by the Company Servicer only (a) to effect timely payments of taxes, assessments, Primary Insurance Policy premiumspre-miums, fire and hazard insurance premiums or other items constituting consti-tuting Escrow Payments for the related Mortgage, (b) to reimburse the Company Servicer for any Servicing Advance made by the Company Servicer pursuant to Section Sections 4.08 and 4.10 hereof with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late payments or collections collec-tions of Escrow Payments thereunder, (c) to refund to any Mortgagor Mort-gagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, for transfer to the Custodial Account of such amounts as are to be applied to the indebtedness of a Mortgage Loan in accordance with the terms thereof, (e) for application to restoration or repair of the Mortgaged Property, (f) to pay to the Owner in accordance with the terms of this Agreement , or to the Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to deposit into the Custodial Account the funds required to be deposited therein pursuant to Section 4.14, (gh) to pay to itself amounts to which it is entitled pursuant to Section 4.14, (hi) to withdraw any remove funds inadvertently placed in an Escrow Payments related to a Mortgage Loan repurchased Account in error by the Company pursuant Servicer, (j) to transfer funds to another Eligible Depository Institution in accordance with Section 3.03, 4.09 hereof or (ik) to clear and terminate the Escrow Account upon the termination termina-tion of this Agreement.

Appears in 1 contract

Sources: Loan Servicing Agreement (Sequoia Mortgage Trust 2007-4)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account may be made by the Company only (a) to effect timely payments of taxes, assessments, Primary Insurance Policy premiums, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Company for any Servicing Advance made by the Company pursuant to Section 4.08 hereof with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late payments or collections of Escrow Payments thereunder, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, for transfer to the Custodial Account of such amounts as are to be applied to the indebtedness of a Mortgage Loan in accordance with the terms thereof, (e) for application to restoration or repair of the Mortgaged Property, (f) to deposit into the Custodial Account the funds required to be deposited therein pursuant to Section 4.14, (g) to pay to itself amounts to which it is entitled pursuant to Section 4.14, (h) to withdraw any Escrow Payments related to a Mortgage Loan repurchased by the Company pursuant to Section 3.03, or (i) to clear and terminate the Escrow Account upon the termination of this AgreementAgreement or (j) to remit to Purchaser payments on account of Buydown Funds as applicable.

Appears in 1 contract

Sources: Flow Sale and Servicing Agreement (GSR Mortgage Loan Trust 2007-4f)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account may shall be made by the Company only Servicer, only (a) to effect timely payments payment of taxes, assessmentsmortgage insurance premiums, Primary Insurance Policy premiumsflood, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, Mortgage Loan; (b) to reimburse the Company Servicer for any Servicing Advance made by the Company pursuant Servicer to Section 4.08 hereof with respect to a effect the payment of taxes or insurance required under the terms of the related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late payments or collections of Escrow Payments thereunder, ; (c) to refund to any Mortgagor Borrower any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, ; (d) upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, for transfer to the Custodial Account of such amounts as are to be applied to the indebtedness of a Mortgage Loan in accordance with the terms thereof, (e) for application to restoration or repair of the Mortgaged Property (e) to pay to the Borrower, to the extent required by law, any interest paid on the funds deposited in the Escrow Account; (f) to deposit into the Custodial Account the funds required to be deposited therein pursuant to Section 4.14, (g) to pay to itself amounts any interest earned on funds deposited in the Escrow Account; (g) to which it is entitled pursuant to Section 4.14, remove any deposits made in error; or (h) to withdraw any Escrow Payments related to a Mortgage Loan repurchased by the Company pursuant to Section 3.03, or (i) to clear and terminate the Escrow Account upon the termination of this Agreement.;

Appears in 1 contract

Sources: Loan Servicing Agreement (New Century Financial Corp)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account may be made by the Company only TRS Servicer only: (ai) to effect timely payments of taxes, assessments, Primary Insurance Policy premiums, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, Mortgage pursuant to the terms of the Mortgage or any other related document; (bii) to reimburse the Company TRS Servicer for any Servicing Advance Advances made by the Company TRS Servicer pursuant to Section 4.08 hereof 4.07 with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late payments or collections of Escrow Payments thereunder, ; (ciii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, ; (div) upon default for transfer to the related Blocked Account and application to reduce the principal balance of a Mortgagor or the Mortgage Loan in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, for transfer to the Custodial Account of such amounts as are to be applied to the indebtedness of a Mortgage Loan in accordance with the terms thereof, Note; (ev) for application to restoration or repair of the Mortgaged Property, Property in accordance with the procedures outlined in Section 4.13; (f) to deposit into the Custodial Account the funds required to be deposited therein pursuant to Section 4.14, (gvi) to pay to itself amounts to which it is entitled the TRS Servicer pursuant to Section 4.14, (h) to withdraw any Escrow Payments related to a Mortgage Loan repurchased by the Company pursuant to Section 3.034.08, or any Mortgagor to the extent required by law, any interest earned on the funds deposited in the Escrow Account; (ivii) to clear and terminate the Escrow Account upon on the termination of this Agreement; and (viii) to withdraw funds deposited in error.

Appears in 1 contract

Sources: TRS Servicing Agreement (MortgageIT Holdings, Inc.)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account may be made by the Company Seller only (a) to effect timely payments of taxes, assessments, Primary Insurance Policy premiumspre-miums, fire and hazard insurance premiums or other items constituting consti-tuting Escrow Payments for the related Mortgage, (b) to reimburse the Company Seller for any Servicing Advance made by the Company Seller pursuant to Section 4.08 hereof with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late payments or collections collec-tions of Escrow Payments thereunderthere-under, (c) to refund to any Mortgagor Mort-gagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, for transfer to the Custodial Account of such amounts as are to be applied to the indebtedness of a Mortgage Loan in accordance with the terms thereof, (e) for application to restoration or repair of the Mortgaged Property, (f) to deposit into the Custodial Account the funds required to be deposited therein pursuant to Section 4.14, (g) to pay to itself amounts to which it is entitled pursuant to Section 4.14, (h) to withdraw any Escrow Payments related to a Mortgage Loan repurchased by the Company Seller pursuant to Section 3.03, or (i) to clear and terminate the Escrow Account upon the termination termina-tion of this Agreement.

Appears in 1 contract

Sources: Mortgage Loan Flow Purchase, Sale, and Servicing Agreement (Sequoia Mortgage Trust 2007-4)