Withdrawals from the Collection Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes: (i) to deposit in the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined; (vii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02; (viii) to pay to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and (ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determination.
Appears in 21 contracts
Sources: Servicing Agreement (MILA Mortgage Acceptance, Inc.), Servicing Agreement (Structured Asset Mortgage Investments Ii Inc), Servicing Agreement (MortgageIT Securities Corp.)
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee);
(viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a);
(x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee and the Derivative Contract Payment Amount;
(xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiixii) to pay Radian the premium with respect to the Seller Radian Lender-Paid PMI Policy;
(xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee;
(xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and
(ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 11 contracts
Sources: Servicing Agreement (Imh Assets Corp Collateralized Asset Backed Bonds Ser 2004 4), Servicing Agreement (Impac CMP Trust Series 2004-5), Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2004-1)
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee);
(viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a);
(x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee and the Derivative Contract Payment Amount;
(xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiixii) to pay Radian the premium with respect to the Seller Radian Lender-Paid PMI Policy;
(xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee and the Bond Insurer the Premium Amount;
(xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and
(ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 9 contracts
Sources: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2003 7), Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2003-4), Servicing Agreement (Impac CMB Trust Series 2002-8)
Withdrawals from the Collection Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(i) to deposit in the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Repur chase Price is determined;
(vii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02;
(viii) to pay to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and
(ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determination.
Appears in 9 contracts
Sources: Servicing Agreement (Salomon Brothers Mortgage Securities Vii Inc), Servicing Agreement (Long Beach Securities Corp), Servicing Agreement (WMC Secured Assets Corp)
Withdrawals from the Collection Account. The (a) Each Servicer shall, from time to time as provided hereintime, make withdrawals from the Collection Account for any of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposespurposes or as described in Section 4.01:
(i) on or prior to the Remittance Date, to remit to the Securities Administrator for deposit in the Distribution Account, on all Available Funds (which solely for purposes of this Section 3.11(a)(i) shall not be net of the Business Day prior to each Payment Date, an amount equal to Master Servicing Fee) in respect of the Security Collections required to be distributed on such Payment Daterelated Distribution Date together with all amounts representing Prepayment Premiums from the Mortgage Loans received during the related Prepayment Period;
(ii) to reimburse the extent deposited to the Collection Accountapplicable Servicer for P&I Advances, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (but only to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to of amounts received which represent Late Collections (net of the related Servicing Fees) of Scheduled Payments on particular Mortgage Loans (other than any Repurchase Price in with respect thereof) which represent late recoveries of the payments for to which such advances P&I Advances were made, or from related Liquidation Proceeds or made in accordance with the proceeds provisions of the purchase of such Mortgage LoanSection 4.01;
(iii) to pay such Servicer or any Subservicer (A) any unpaid Servicing Fees or (B) any unreimbursed Servicing Advances with respect to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09Loan, an amount equal to the related Servicing Fee (but in each case only to the extent not retained pursuant of any Late Collections, Liquidation Proceeds, Condemnation Proceeds, Insurance Proceeds or other amounts as may be collected by such Servicer from a Mortgagor, or otherwise received with respect to Section 3.02such Mortgage Loan (or the related REO Property), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself such Servicer as additional servicing compensation (in addition to the Servicing Fee) on the Remittance Date any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account;
(v) to pay the extent deposited in Sponsor or the Collection AccountDepositor, as applicable, with respect to pay each Mortgage Loan that has previously been repurchased or replaced pursuant to itself this Agreement all amounts received thereon subsequent to the date of purchase or substitution, as additional servicing compensation any Foreclosure Profitsthe case may be;
(vi) to pay reimburse such Servicer for (A) any unreimbursed P&I Advance or Servicing Advance previously made which such Servicer has determined to itself be a Nonrecoverable P&I Advance or Nonrecoverable Servicing Advance in accordance with the Sellerprovisions of Section 4.01, (B) any P&I Advance or Servicing Advance previously made with respect to any a delinquent Mortgage Loan or property acquired in respect thereof that which Mortgage Loan has been purchased modified by such Servicer in accordance with the terms of this Agreement; provided that such Servicer shall only reimburse itself for such P&I Advances and Servicing Advances at the time of such modification and shall reimburse itself after such modification only as otherwise permitted under the other clauses of this Section 3.11(a), and (C) any outstanding P&I Advance or otherwise transferred to Servicing Advance made by the Sellersuch Servicer from its own funds, from Amounts Held for Future Distribution, provided, however, any funds so applied shall be replaced by such Servicer by deposit in the Servicer or other entity, all amounts received thereon and not Collection Account no later than the close of business on the related Remittance Date on which such funds are required to be distributed pursuant to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determinedSection 4.01(b);
(vii) to withdraw pay, or to reimburse such Servicer for advances in respect of, expenses incurred in connection with any other amount deposited in the Collection Account that was not required to be deposited therein Mortgage Loan pursuant to Section 3.023.15;
(viii) to pay reimburse the Master Servicer, such Servicer, the Depositor, the Securities Administrator or the Trustee for expenses incurred by or reimbursable to the Seller Master Servicer, such Servicer, the amountDepositor, if anythe Securities Administrator or the Trustee, as the case may be, pursuant to Section 6.03, Section 7.02 or Section 8.05;
(ix) to reimburse the Master Servicer, such Servicer or the Trustee, as the case may be, for expenses reasonably incurred in respect of the breach or defect giving rise to the repurchase obligation as described in Section 2.03 that were included in the Repurchase Price of the Mortgage Loan, including any expenses arising out of the enforcement of the repurchase obligation, to the extent not otherwise paid pursuant to the terms hereof;
(x) to invest funds in Permitted Investments in accordance with Section 3.12;
(xi) to withdraw any amounts deposited in the Collection Account by in error;
(xii) to withdraw any amounts held in the Indenture Trustee upon release thereof from Collection Account and not required to be remitted to the Funding Account representing payments Master Servicer on the Remittance Date occurring in the month in which such amounts are deposited into the Collection Account, to reimburse such Servicer for Additional Loansunreimbursed Advances; and
(ixxiii) after to clear and terminate the occurrence Collection Account upon termination of an Amortization Eventthis Agreement. To the extent that a Servicer does not timely make the remittance referred to in clause (i) above, such Servicer shall pay the Master Servicer for the account of the Master Servicer interest on any amount not timely remitted at the prime rate, from and including the applicable Remittance Date to pay to but excluding the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses date such remittance is actually made.
(iii), (iv), (vib) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Each Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account Account, to the extent held by or on behalf of it, pursuant to such clausessubclauses (a)(ii), (iii), (iv), (v), (vi), (vii), (viii) and (ix) above. Notwithstanding any other provision of this Servicing Agreement, the Each Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant provide written notification to the terms of this Servicing Agreement that Depositor, on or prior to the Servicer determines to be otherwise nonrecoverable (except with respect to next succeeding Remittance Date, upon making any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal withdrawals from the Collection Account of amounts on deposit therein attributable pursuant to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationsubclause (a)(vi) above.
Appears in 7 contracts
Sources: Pooling and Servicing Agreement (GSAMP Trust 2006-He3), Pooling and Servicing Agreement (GSAMP Trust 2006-He7), Pooling and Servicing Agreement (GSAMP Trust 2006-He4)
Withdrawals from the Collection Account. The Servicer shall, from time shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(i) before 1:00 p.m. (New York City time) on the related Deposit Date to withdraw the Available Funds and Prepayment Charges, and, in each case, remit such funds to the Trustee for deposit in to the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment Date;
(ii) to reimburse the extent deposited Servicer for any accrued unpaid Servicing Compensation which the Servicer would not have been required to deposit in the Collection Account and for unreimbursed Monthly Advances and Servicing Advances. The Servicer’s right to reimbursement for unpaid Servicing Fees and unreimbursed Servicing Advances shall be limited to late collections on the related Mortgage Loan, including Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and such other amounts as may be collected by the Servicer from the related Mortgagor or otherwise relating to the Collection Account, Mortgage Loan in respect of which such reimbursed amounts are owed. The Servicer’s right to reimburse itself or the related Subservicer reimbursement for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being Monthly Advances shall be limited to amounts received late collections on particular any Mortgage Loans (other than Loan and to Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, purchase or from repurchase proceeds on related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanLoans;
(iii) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to itself out of each payment received on account of interest on be recovered as a Mortgage Loan as contemplated voidable preference by Section 3.09, an amount equal a trustee in bankruptcy pursuant to the related Servicing Fee (to the extent not retained pursuant to Section 3.02)United States Bankruptcy Code in accordance with a final, and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicernonappealable order of a court having competent jurisdiction;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation withdraw any interest or investment income earned on funds deposited in the Collection Account that were not required to be deposited therein (such as Servicing Compensation) or were deposited therein in error and Payment Account that it is entitled to withdraw pursuant pay such funds to Sections 3.02(b) and 5.01the appropriate Person;
(v) to withdraw funds necessary for the conservation and disposition of REO Property pursuant to Section 3.06 to the extent deposited in not advanced by the Collection Account, to pay to itself as additional servicing compensation any Foreclosure ProfitsServicer;
(vi) to pay reimburse the Servicer for Nonrecoverable Advances and any unpaid Servicing Fees related to itself or the Seller, with respect to any a Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred secured by a second lien on the related Mortgaged Property to the Seller, the Servicer or other entity, all amounts received thereon and extent not required recovered pursuant to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determinedclause (ii) above;
(vii) to withdraw any other amount deposited pay to the Seller collections received in respect of accrued interest and principal on the Collection Account that was not required to be deposited therein pursuant to Section 3.02Mortgage Loans due on or before the related Cut-Off Date;
(viii) to pay to the Seller Servicer or the amountTrustee the portion of any Purchase Price in respect of clause (iv) of the definition thereof or of any Substitution Adjustment in respect of clause (d) of the definition thereof to the extent paid in respect of amounts incurred by or imposed on the Servicer or the Trustee, if any, deposited in as the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; andcase may be;
(ix) after to reimburse the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, Servicer for expenses incurred by it in connection with withdrawals the Mortgage Loans or Certificates and reimbursable pursuant to clauses (iii), (iv), (vi) and (vii), Section 7.03 hereof provided that such amount shall only be withdrawn following the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account for deposit into the Distribution Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled clause (i) above; and
(x) to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from clear and terminate the Collection Account upon the termination of this Agreement and to pay any amounts on deposit remaining therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationapplicable Class R Certificateholders.
Appears in 7 contracts
Sources: Pooling and Servicing Agreement (Renaissance Mort Acc Corp Renaissance Home Eq Ln Tr 2004 1), Pooling and Servicing Agreement (Home Equity Loan Asset-Backed Certificates Series 2003-2), Pooling and Servicing Agreement (Renaissance Mort Accept Corp Home Equity Ln as Bk Ce Se 03-3)
Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Account, on by the Business Day Servicer Remittance Date prior to each Payment Distribution Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Distribution Account on such Payment a Distribution Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Certificateholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer's own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan;
(vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a);
(viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiiix) to reimburse the Servicer for costs associated with the environmental report specified in Section 3.13(c);
(x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08;
(xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account;
(xii) to pay to the MI Insurer the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and
(xiii) to make an Advance with respect to a delinquent Mortgage Loan from funds held in the Collection Account as contemplated by Section 3.24, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and
Distribution Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. .
(b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 6 contracts
Sources: Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Home Eq Ln as Bk Ce Se 03 2), Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Home Eq Ln as Bk Ce Se 03 1), Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Trust Series 2002-3)
Withdrawals from the Collection Account. The Master Servicer shall, from time shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(i) to deposit in the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to deposit the portion of the Interest Collections and Principal Collections for the related Due Period then in the Collection Account to the Security Collections required to be distributed on such Payment DateDistribution Account;
(ii) to reimburse the extent deposited to the Collection Account, to reimburse itself or the related Subservicer Master Servicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this any accrued and unpaid Master Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanFees;
(iii) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to itself out of each payment received on account of interest on be recovered as a Mortgage Loan as contemplated voidable preference by Section 3.09, an amount equal a trustee in bankruptcy pursuant to the related Servicing Fee (to the extent not retained pursuant to Section 3.02)United States Bankruptcy Code in accordance with a final, and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicernonappealable order of a court having competent jurisdiction;
(iv) subject to the extent deposited Section 5.06 hereof, to make investments in the Collection Account Eligible Investments and to pay to itself as additional servicing compensation any the Master Servicer interest earned in respect of Eligible Investments or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account;
(v) to the extent withdraw any funds deposited in the Collection Account, Account that were not required to be deposited therein or were deposited therein in error and to pay such funds to itself as additional servicing compensation any Foreclosure Profitsthe appropriate Person;
(vi) to pay the Master Servicer the servicing compensation for the related Due Period that it is entitled to itself or the Seller, with respect receive pursuant to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred Section 3.09 herein to the Seller, the Servicer extent not retained or other entity, all amounts received thereon and not required paid pursuant to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determinedSection 3.02(b) hereof;
(vii) to withdraw any other amount deposited in funds necessary for the Collection Account that was not required to be deposited therein conservation and disposition of REO Property pursuant to Section 3.023.07 to the extent not advanced by the Master Servicer;
(viii) to pay from Principal Collections the amounts provided for the purchase of Additional Balances that are conveyed to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansTrust pursuant to Section 2.01; and
(ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) clear and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from terminate the Collection Account pursuant to such clauses. Notwithstanding any other provision upon the termination of this Servicing Agreement, the Servicer shall be entitled Agreement and to reimburse itself for pay any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant amounts remaining therein to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationTransferor.
Appears in 6 contracts
Sources: Sale and Servicing Agreement (First Horizon Asset Sec HELOC Notes Ser 2006-He1), Sale and Servicing Agreement (First Horizon Asset Securities Inc), Sale and Servicing Agreement (Fund America Investors Corp Ii)
Withdrawals from the Collection Account. The Servicer shall, from time shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(i) to deposit in the Distribution Account, before 1:00 p.m. (New York City time) on the Business Day prior related Deposit Date to withdraw the remaining Available Funds and Prepayment Charges, and, in each Payment Datecase, an amount equal remit such funds to the Security Collections required Securities Administrator for deposit to be distributed on such the Payment DateAccount;
(ii) to reimburse the extent deposited Servicer for any accrued unpaid Servicing Compensation which the Servicer would not have been required to deposit in the Collection Account and for unreimbursed Monthly Advances and Servicing Advances. The Servicer’s right to reimbursement for unpaid Servicing Fees and unreimbursed Servicing Advances shall be limited to late collections on the related Mortgage Loan, including Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and such other amounts as may be collected by the Servicer from the related Mortgagor or otherwise relating to the Collection Account, Mortgage Loan in respect of which such reimbursed amounts are owed. The Servicer’s right to reimburse itself or the related Subservicer reimbursement for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being Monthly Advances shall be limited to amounts received late collections on particular any Mortgage Loans (other than Loan and to Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, purchase or from repurchase proceeds on related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanLoans;
(iii) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to itself out of each payment received on account of interest on be recovered as a Mortgage Loan as contemplated voidable preference by Section 3.09, an amount equal a trustee in bankruptcy pursuant to the related Servicing Fee (to the extent not retained pursuant to Section 3.02)United States Bankruptcy Code in accordance with a final, and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicernonappealable order of a court having competent jurisdiction;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation withdraw any interest or investment income earned on funds deposited in the Collection Account that were not required to be deposited therein (such as Servicing Compensation) or were deposited therein in error and Payment Account that it is entitled to withdraw pursuant pay such funds to Sections 3.02(b) and 5.01the appropriate Person;
(v) to withdraw funds necessary for the conservation and disposition of REO Property pursuant to Section 3.06 to the extent deposited in not advanced by the Collection Account, to pay to itself as additional servicing compensation any Foreclosure ProfitsServicer;
(vi) to pay reimburse the Servicer for Nonrecoverable Advances and any unpaid Servicing Fees related to itself or the Seller, with respect to any a Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred secured by a second lien on the related Mortgaged Property to the Seller, the Servicer or other entity, all amounts received thereon and extent not required recovered pursuant to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determinedclause (ii) above;
(vii) to withdraw any other amount deposited pay to the Seller collections received in respect of accrued interest and principal on the Collection Account that was not required to be deposited therein pursuant to Section 3.02Mortgage Loans due on or before the related Cut-Off Date;
(viii) to pay to the Seller Servicer, the amountMaster Servicer, if any, deposited in the Collection Account by Securities Administrator or the Indenture Trustee upon release the portion of any Purchase Price in respect of clause (iv) of the definition thereof from or of any Substitution Adjustment in respect of clause (d) of the Funding Account representing payments definition thereof to the extent paid in respect of amounts incurred by or imposed on the Servicer, the Master Servicer, the Securities Administrator or the Indenture Trustee, as the case may be;
(ix) to reimburse the Servicer for Additional Loansexpenses incurred by it in connection with the Mortgage Loans or Notes and reimbursable pursuant to Section 5.03 hereof; and
(ixx) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) clear and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from terminate the Collection Account pursuant to such clauses. Notwithstanding any other provision upon the termination of this Agreement and to pay any amounts remaining therein to the Certificateholders. The parties to this Agreement acknowledge that Servicing Agreement, the Servicer Advances shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to this Section 3.03, and agree that no reimbursement of a Servicing Advance shall be rejected or disallowed by any party unless it has been shown that such Servicing Advance was not made in accordance with the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationAgreement.
Appears in 5 contracts
Sources: Servicing Agreement (Renaissance Home Equity Loan Trust 2006-1, Home Equity Loan Asset-Backed Notes, Series 2006-1), Servicing Agreement (Renaissance Home Equity Loan Trust 2006-4), Servicing Agreement (Renaissance Home Equity Loan Trust 2006-2)
Withdrawals from the Collection Account. The Servicer shall, from time to time as provided hereintime, make withdrawals from the Collection Account for any of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes, without priority, or as described in Section 4.03:
(i) to remit to the Trust Administrator for deposit in the Distribution Account, on Account the Business Day prior to each Payment Date, an amount equal to the Security Collections amounts required to be distributed on such Payment Dateso remitted pursuant to Section 3.10(b) or permitted to be so remitted pursuant to the first sentence of Section 3.10(d);
(ii) subject to Section 3.16(d), to reimburse the Servicer for Advances, but only to the extent deposited to the Collection Account, to reimburse itself or of amounts received which represent Late Collections (net of the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms Servicing Fees) of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received Monthly Payments on particular Mortgage Loans (other than any Repurchase Price in with respect thereof) which represent late recoveries of the payments for to which such advances Advances were made, or from related Liquidation Proceeds or made in accordance with the proceeds provisions of the purchase of such Mortgage LoanSection 4.03;
(iii) subject to Section 3.16(d), to pay the Servicer or any Sub-Servicer (A) any unpaid Servicing Fees, (B) any unreimbursed Servicing Advances with respect to itself out each Mortgage Loan, but only to the extent of each payment any Liquidation Proceeds, Insurance Proceeds or other amounts as may be collected by the Servicer from a Mortgagor, or otherwise received on account with respect to such Mortgage Loan and (C) without limiting any right of interest on withdrawal set forth in clause (vi) below, any Servicing Advances made with respect to a Mortgage Loan as contemplated by Section 3.09that, an amount equal to following the related Servicing Fee (final liquidation of a Mortgage Loan are Nonrecoverable Advances, but only to the extent not retained pursuant that Late Collections, Liquidation Proceeds and Insurance Proceeds received with respect to Section 3.02), and such Mortgage Loan are insufficient to pay to reimburse the Servicer or any Subservicer any Subservicing Fees not previously withheld by the SubservicerSub-Servicer for such Servicing Advances;
(iv) to the extent deposited in the Collection Account to pay to itself the Servicer as additional servicing compensation (in addition to the Servicing Fee) on the Servicer Remittance Date any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account;
(v) to the extent deposited in the Collection Account, to pay to itself the Servicer, the Originator or the Seller, as additional servicing compensation any Foreclosure Profitsthe case may be, with respect to each Mortgage Loan that has previously been purchased or replaced pursuant to Section 2.03 or Section 3.16(c) all amounts received thereon subsequent to the date of purchase or substitution, as the case may be;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, reimburse the Servicer for any Advance or other entity, all amounts received thereon and not required Servicing Advance previously made which the Servicer has determined to be distributed to Securityholders as a Nonrecoverable Advance or Nonrecoverable Servicing Advance in accordance with the provisions of the date on which the related Purchase Price or Repurchase Price is determinedSection 4.03;
(vii) to withdraw any other amount deposited in reimburse the Collection Account that was not required Servicer, the Master Servicer or the Depositor for expenses incurred by or reimbursable to be deposited therein the Servicer, the Master Servicer or the Depositor, as the case may be, pursuant to Section 3.026.03;
(viii) to pay reimburse the Servicer, the NIMS Insurer, the Trust Administrator, the Master Servicer or the Trustee, as the case may be, for expenses reasonably incurred in respect of the breach or defect giving rise to the Seller the amount, if any, deposited purchase obligation under Section 2.03 of this Agreement that were included in the Collection Account by Purchase Price of the Indenture Trustee upon release thereof from Mortgage Loan, including any expenses arising out of the Funding Account representing payments enforcement of the purchase obligation;
(ix) to pay itself any Prepayment Interest Excess (to the extent not otherwise retained);
(x) to pay, or to reimburse the Servicer for Additional Loansadvances in respect of expenses incurred in connection with any Mortgage Loan pursuant to Section 3.16(b); and
(ixxi) after to clear and terminate the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals Collection Account pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Section 9.01. The Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account Account, to the extent held by or on behalf of it, pursuant to such clausessubclauses (ii), (iii), (iv), (v), (vi), (viii) and (ix) above. Notwithstanding any other provision of this Servicing Agreement, the The Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant provide written notification to the terms of this Servicing Agreement that Trust Administrator and the NIMS Insurer, on or prior to the next succeeding Servicer determines to be otherwise nonrecoverable (except with respect to Remittance Date, upon making any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal withdrawals from the Collection Account of amounts on deposit therein attributable pursuant to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationsubclause (vii) above.
Appears in 5 contracts
Sources: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-He2), Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2006-He1), Pooling and Servicing Agreement (MASTR Asset-Backed Securities Trust 2006-Am2)
Withdrawals from the Collection Account. The Servicer shall, from time shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the stated purposes in the following purposesorder of priority:
(i) to deposit in reimburse the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment DateServicer for any accrued and unpaid Servicing Fees;
(ii) on each Servicer Remittance Date, to transfer the following amounts to the extent deposited to Indenture Trustee for deposit in the Payment Account:
(A) the portion of the Interest Collections and Principal Collections for the related Collection Period then in the Collection Account, ;
(B) any amounts required to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid be deposited pursuant to Section 3.07 or otherwise reimbursable pursuant in connection with any REO Property;
(C) any amounts to the terms be paid in connection with a purchase of this Servicing Agreement (to the extent not payable Mortgage Loans and REO Properties pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan9.01;
(iii) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to itself out of each payment received on account of interest on be recovered as a Mortgage Loan as contemplated voidable preference by Section 3.09, an amount equal a trustee in bankruptcy pursuant to the related Servicing Fee (to the extent not retained pursuant to Section 3.02)United States Bankruptcy Code 11 U.S.C. 101 et seq., and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subserviceras amended in accordance with a final, nonappealable order of a court having competent jurisdiction;
(iv) to pay the extent deposited in the Collection Account to pay to itself Servicer as additional servicing compensation (in addition to the Servicing Fee) on the Servicer Remittance Date any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account;
(v) to the extent withdraw any funds deposited in the Collection Account, Account that were not required to be deposited therein or were deposited therein in error and to pay such funds to itself as additional servicing compensation the appropriate Person, including collections received on any Foreclosure ProfitsDefective Mortgage Loan that has been repurchased by the Seller pursuant to Section 2.04 or substituted for by the Seller pursuant to Section 2.05 that should be paid to the Seller pursuant to Article II;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which servicing compensation for the related Purchase Price or Repurchase Price Collection Period that it is determinedentitled to receive pursuant to Section 3.09 herein;
(vii) to withdraw reimburse the Servicer for any other amount deposited in Servicing Advance previously made which the Collection Account that was not required Servicer has determined to be deposited therein pursuant to Section 3.02a Nonrecoverable Advance;
(viii) to pay withdraw funds necessary for the conservation and disposition of REO Property pursuant to Section 3.07 to the Seller the amount, if any, deposited in the Collection Account extent not advanced by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansServicer; and
(ix) after to clear and terminate the occurrence Collection Account upon the termination of an Amortization Event, this Agreement. Prior to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying making any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreementsubclause (vii), the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant have delivered to the terms Indenture Trustee and the Insurer a certificate of this a Servicing Agreement that Officer indicating the amount of any previous Servicing Advance determined by the Servicer determines to be otherwise nonrecoverable (except with respect to any a Nonrecoverable Advance and identifying the related Mortgage Loan as to which the Repurchase Price has been paidLoans(s), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date and their respective portions of such determinationNonrecoverable Advance.
Appears in 5 contracts
Sources: Sale and Servicing Agreement (Indymac MBS Inc), Sale and Servicing Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H4), Sale and Servicing Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2007-H1)
Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Account, on by the Business Day Servicer Remittance Date prior to each Payment Distribution Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Distribution Account on such Payment a Distribution Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances expenses were madepaid, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the SellerSponsor, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the SellerSponsor, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Certificateholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer’s own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13: (x) in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the uninsured cause, (y) in connection with the liquidation of such Mortgage Loan, or (z) with respect to an MI Claim Payment Advance made by the Servicer with respect to such Mortgage Loan;
(vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Section 3.07(a);
(viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiiix) to reimburse the Servicer for costs associated with the environmental report handling the presence of any toxic or hazardous substance on a Mortgaged Property as set forth in Section 3.13(c);
(x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08;
(xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account;
(xii) to pay to the MI Insurer the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and
(xiii) to make an Advance with respect to a Mortgage Loan that is Delinquent from funds held in the Collection Account as contemplated by Section 3.25, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and
Distribution Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's ’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. .
(b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 5 contracts
Sources: Pooling and Servicing Agreement (NovaStar Certificates Financing CORP), Pooling and Servicing Agreement (NovaStar Certificates Financing CORP), Pooling and Servicing Agreement (NovaStar Certificates Financing CORP)
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment DateDate and any prepayment charges;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee);
(viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a);
(x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee;
(xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiixii) to pay Radian the premium with respect to the Seller Radian Lender-Paid PMI Policy;
(xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee;
(xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and
(ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 5 contracts
Sources: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2003-9f), Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2002 9f), Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2002 9f)
Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Account, on by the Business Day Servicer Remittance Date prior to each Payment Distribution Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Distribution Account on such Payment a Distribution Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances expenses were madepaid, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Certificateholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer’s own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13: (x) in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the uninsured cause, (y) in connection with the liquidation of such Mortgage Loan, or (z) with respect to an MI Claim Payment Advance made by the Servicer with respect to such Mortgage Loan;
(vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Section 3.07(a);
(viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiiix) to reimburse the Servicer for costs associated with the environmental report handling the presence of any toxic or hazardous substance on a Mortgaged Property as set forth in Section 3.13(c);
(x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08;
(xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account;
(xii) to pay to the MI Insurer the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and
(xiii) to make an Advance with respect to a Mortgage Loan that is Delinquent from funds held in the Collection Account as contemplated by Section 3.24, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and
Distribution Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's ’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. .
(b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 5 contracts
Sources: Pooling and Servicing Agreement (NovaStar Certificates Financing CORP), Pooling and Servicing Agreement (NovaStar Mortgage Funding Trust, Series 2005-2), Pooling and Servicing Agreement (Novastar Mortgage Funding Corp)
Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided hereintime, make withdrawals from the Collection Account for any of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposespurposes or as described in Section 4.01:
(i) to deposit in the Distribution Account, on the Business Day On or prior to each Payment the Remittance Date, an amount equal to remit to the Security Collections required Trustee (i) the Trustee Fee with respect to be distributed on such Payment DateDistribution Date and (ii) all Available Funds in respect of the related Distribution Date together with all amounts representing Prepayment Charges from the Mortgage Loans received during the related Prepayment Period;
(ii) to reimburse the extent deposited to the Collection AccountServicer for P&I Advances, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (but only to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to of amounts received which represent Late Collections (net of the related Servicing Fees) of Monthly Payments on particular Mortgage Loans (other than any Repurchase Price in with respect thereof) which represent late recoveries of the payments for to which such advances P&I Advances were made, or from related Liquidation Proceeds or made in accordance with the proceeds provisions of the purchase of such Mortgage LoanSection 4.01;
(iii) to pay the Servicer or any Subservicer (a) any unpaid Servicing Fees or (b) any unreimbursed Servicing Advances with respect to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09Loan, an amount equal to the related Servicing Fee (but only to the extent not retained pursuant to Section 3.02)of any Late Collections, and to pay to any Subservicer any Subservicing Fees not previously withheld Liquidation Proceeds, Insurance Proceeds or other amounts as may be collected by the SubservicerServicer from a Mortgagor, or otherwise received with respect to such Mortgage Loan (or the related REO Property);
(iv) to the extent deposited in the Collection Account to pay to itself the Servicer as additional servicing compensation (in addition to the Servicing Fee) on the Remittance Date any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account;
(v) to the extent deposited in the Collection Account, to pay to itself the Responsible Party, with respect to each Mortgage Loan that has previously been purchased or replaced pursuant to this Agreement all amounts received thereon subsequent to the date of purchase or substitution, as additional servicing compensation any Foreclosure Profitsthe case may be;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, reimburse the Servicer for any P&I Advance or other entity, all amounts received thereon and not required Servicing Advance previously made which the Servicer has determined to be distributed to Securityholders as a Nonrecoverable P&I Advance or Nonrecoverable Servicing Advance in accordance with the provisions of the date on which the related Purchase Price or Repurchase Price is determinedSection 4.01;
(vii) to withdraw pay, or to reimburse the Servicer for advances in respect of, expenses incurred in connection with any other amount deposited in the Collection Account that was not required to be deposited therein Mortgage Loan pursuant to Section 3.023.15;
(viii) to pay reimburse the Servicer or the Depositor for expenses incurred by or reimbursable to the Seller Servicer or the amountDepositor, if anyas the case may be, pursuant to Section 6.03;
(ix) to reimburse the Servicer or the Trustee, as the case may be, for expenses reasonably incurred in respect of the breach or defect giving rise to the purchase obligation under Section 2.03 of this Agreement that were included in the Repurchase Price of the Mortgage Loan, including any expenses arising out of the enforcement of the purchase obligation;
(x) to withdraw any amounts deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loansin error; and
(ixxi) after to clear and terminate the occurrence Collection Account upon termination of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses this Agreement.
(iii), (iv), (vib) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the The Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account Account, to the extent held by or on behalf of it, pursuant to such clausessubclauses (a)(ii), (iii), (v), (vi), (vii), (viii) and (ix) above. Notwithstanding any other provision of this Servicing Agreement, the The Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant provide written notification to the terms of this Servicing Agreement that Depositor, on or prior to the Servicer determines to be otherwise nonrecoverable (except with respect to next succeeding Remittance Date, upon making any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal withdrawals from the Collection Account of amounts on deposit therein attributable pursuant to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationsubclause (a)(vii) above.
Appears in 5 contracts
Sources: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc), Pooling and Servicing Agreement (Morgan Stanley Dean Witter Cap I Inc Dep Series 2002-Hq), Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Trust 2001-Nc1)
Withdrawals from the Collection Account. (a) The Servicer shall, from time Administrator shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(i) to deposit in the On each Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required make distributions and payments to be distributed on such Payment DateCertificateholders pursuant to Section 4.01;
(ii) From time to the extent deposited to the Collection Accounttime, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred make investments in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), Permitted Investments and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited Servicer all income and gain earned in the Collection Account to pay to itself as additional servicing compensation any interest respect of Permitted Investments or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account;
(viii) To reimburse the Depositor or the Servicer to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profitspermitted by Section 6.03;
(viiv) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(vii) to To withdraw any other amount funds deposited in the Collection Account that was were not required to be deposited therein pursuant or were deposited therein in error and to Section 3.02pay such funds to the appropriate Person;
(viiiv) to To pay to the Seller party legally entitled by a final order of a court of competent jurisdiction in an insolvency proceeding an amount equal to any preference claim made with respect to amounts paid with respect to the amountHome Equity Loans; provided that, if anyany such amount is later determined not to be a preference by such court of competent jurisdiction and is returned to the Servicer or any Subservicer, deposited in such amount shall be redeposited into the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansServicer; and
(ixvi) after to clear and terminate the occurrence Collection Account upon the termination of an Amortization Event, this Agreement and to pay any amounts remaining therein to the Seller, Class R Certificateholder.
(b) If the Excluded Amount. Since, Servicer deposits in connection with withdrawals pursuant the Collection Account any amount not required to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement be deposited therein or credited thereto is limited to collections or any amount in respect of payments by Mortgagors made by checks subsequently returned for insufficient funds or other recoveries on the related Mortgage Loanreason for non-payment, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying it may at any withdrawal time withdraw such amount from the Collection Account pursuant to Section 3.03(a)(iv), and any such clausesamounts shall not be included in Interest Collections and Principal Collections, any provision herein to the contrary notwithstanding. Notwithstanding any other provision Any withdrawal or debit permitted by Section 3.03(a) shall be accomplished by delivering an Officer’s Certificate of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms Administrator which describes the purpose of this Servicing Agreement such withdrawal (including, without limitation, that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from such amount was deposited in the Collection Account in error or, in the case of returned checks, that such amounts were properly debited, respectively). Upon receipt of any such Officer’s Certificate, the Administrator shall withdraw such amount for the account of the Servicer. All funds deposited by the Servicer in the Collection Account shall be held by the Administrator on deposit therein attributable to behalf of the Mortgage Loans on any Business Day prior to Trustee in trust for the Payment Date succeeding the date of such determinationCertificateholders, until disbursed in accordance with Section 4.01 or withdrawn or debited in accordance with this Section.
Appears in 5 contracts
Sources: Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2007-1), Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2006-3), Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2007-3)
Withdrawals from the Collection Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(i) to deposit in the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(vii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02;
(viii) to pay to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and
(ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's ’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determination.
Appears in 4 contracts
Sources: Servicing Agreement (Shellpoint Mortgage Acceptance LLC), Servicing Agreement (Ab Mortgage Securities Corp), Servicing Agreement (Long Beach Securities Corp)
Withdrawals from the Collection Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(i) to deposit in the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase epurchase Price is determined;
(vii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02;
(viii) to pay to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and
(ix) and after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determination.
Appears in 4 contracts
Sources: Servicing Agreement (Boardwalk Mortgage Securities Inc.), Servicing Agreement (Argent Securities Inc), Servicing Agreement (Park Place Securities, Inc.)
Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 5.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Account, on by the Business Day Servicer Remittance Date prior to each Payment Distribution Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Distribution Account on such Payment a Distribution Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.045.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)5.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances expenses were madepaid, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.095.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.025.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer’s own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 5.13: (x) in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the uninsured cause, (y) in connection with the liquidation of such Mortgage Loan, or (z) with respect to an MI Claim Payment Advance made by the Servicer with respect to such Mortgage Loan;
(vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Section 5.07(a);
(viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.025.06;
(viiiix) to reimburse the Servicer for costs associated with the environmental report handling the presence of any toxic or hazardous substance on a Mortgaged Property as set forth in Section 5.13(c);
(x) to clear and terminate the Collection Account upon a termination pursuant to Section 9.01;
(xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account;
(xii) to pay to the MI Insurer the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and
(xiii) to make an Advance with respect to a Mortgage Loan that is Delinquent from funds held in the Collection Account as contemplated by Section 5.24, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and
Distribution Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's ’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. .
(b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 5.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 4 contracts
Sources: Sale and Servicing Agreement (NovaStar Certificates Financing CORP), Sale and Servicing Agreement (NovaStar Certificates Financing LLC), Sale and Servicing Agreement (NovaStar Certificates Financing LLC)
Withdrawals from the Collection Account. (a) The RMBS Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the Business Day prior to each Payment RMBS Master Servicer Remittance Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related RMBS Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the RMBS Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the RMBS Master Servicer or any Subservicer for any Monthly Advance of its own funds or any advance of such Subservicer's own funds, the right of the RMBS Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Monthly Advance or advance was made;
(vi) to reimburse the RMBS Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the RMBS Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(vii) to pay the RMBS Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the RMBS Master Servicer of an amount equal to the RMBS Master Servicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the RMBS Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the RMBS Master Servicing Fee Rate to but not including the date of payment (in any event, the aggregate amount of servicing compensation received by a Subservicer and the RMBS Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable RMBS Master Servicing Fee);
(viii) to reimburse the RMBS Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not otherwise reimbursed pursuant to this Subsection 3.07(a);
(ix) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiix) to pay to reimburse the Seller RMBS Master Servicer for costs incurred by it associated with the amount, if any, deposited environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and
(ixxi) after to clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi) and (vii), the RMBS Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the RMBS Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the RMBS Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the RMBS Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled hereunder as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Monthly Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable such Subservicers.
(c) The RMBS Master Servicer shall pay to the Mortgage Loans Indenture Trustee interest on any Business Day prior payments to the Payment Account which were due on a RMBS Master Servicer Remittance Date succeeding but were made after the related RMBS Master Servicer Remittance Date at a rate equal to the federal funds rate from the date due to the date paid, both inclusive. This interest shall be solely an obligation of such determinationthe RMBS Master Servicer and shall not be recoverable by the Indenture Trustee from the Trust or from any other source.
Appears in 3 contracts
Sources: Servicing Agreement (American Home Mortgage Investment Trust 2004-4), Servicing Agreement (American Home Mortgage Investment Trust 2004-4), Servicing Agreement (American Home Mortgage Investment Trust 2004-4)
Withdrawals from the Collection Account. The (a) If the Master Servicer shallmakes monthly deposits in the Collection Account pursuant to Section 3.02(b), from time to time as provided herein, the Master Servicer may make withdrawals from a net deposit in the Collection Account of the amounts required by Section 3.02(b).
(b) Upon satisfaction of the conditions precedent to subsequent additions in Section 2.01(c) on deposit therein a Subsequent Closing Date designated by the Depositor, the Indenture Trustee shall withdraw from the Additional Loan Account and set aside for the benefit of the Depositor for later delivery pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(i3.03(c) to deposit in the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required Cut-off Date Asset Balance in the Transfer Document to purchase the Additional Home Equity Loans covered by the Transfer Document. The Additional Home Equity Loans transferred by a Transfer Document on any Subsequent Closing Date shall be distributed on such Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular determined as follows. The Sponsor shall list all funded Mortgage Loans (other than any Repurchase Price in respect thereof) then owned by it for securitization by the date on which represent late recoveries of they were funded, and for each date, the payments for which such advances were mademortgagors shall be listed alphabetically. Beginning with the earliest date, or from related Liquidation Proceeds or sequentially by date and within a date alphabetically, the proceeds of the purchase of such Mortgage Loan;
(iii) listed loans shall become Additional Home Equity Loans until either their aggregate Cut-off Date Asset Balance is as close as possible to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee Cut-off Date Asset Balance indicated on the Transfer Document without exceeding it or all of the loans through the Subsequent Cut-off Date have been transferred. Once the potential Additional Home Equity Loans are identified in this manner, the total potential loan pool shall be tested for compliance with the pool characteristics covered by the representations and warranties in Section 2.04(a)(xii), (to the extent not retained pursuant to Section 3.02xvii), (xxix), (xxxi), (xxxii), and to pay to (xxxiii) after taking into account the addition of the potential Additional Home Equity Loans. If any Subservicer pool characteristic is outside any Subservicing Fees not previously withheld permitted parameter by more than 10% of the parameter, then beginning with the last Mortgage Loan initially added as a potential Additional Home Equity Loan and progressing in reverse order, any potential Additional Home Equity Loan having a characteristic that is outside of the permitted parameters of a parameter violated by the Subservicer;total potential loan pool shall be removed. Then additional Mortgage Loans shall be added as provided in the preceding paragraph except that no Mortgage Loan shall be added if it has a characteristic that is outside of the permitted parameters of a parameter violated by the total potential loan pool. This procedure shall be repeated until the pool characteristics covered by the representations and warranties in Section 2.04(a)(xii), (xvii), (xxix), (xxxi), (xxxii), and (xxxiii) are satisfied within 10% of each parameter specified in those representations and warranties after taking into account the addition of the potential Additional Home Equity Loans.
(ivc) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of On the date on which the related Purchase Price or Repurchase Price is determined;
(vii) revised Mortgage Loan Schedule reflecting the addition of the Additional Home Equity Loans covered by a Transfer Document are delivered to withdraw the Indenture Trustee and the Credit Enhancer along with an opinion of counsel to the effect that a court in a bankruptcy context addressing the transfer of the Additional Home Equity Loans would characterize the transfer as a sale rather than as a secured lending, the Indenture Trustee shall deliver to the order of the Depositor an amount in cash equal to the actual Cut-off Date Asset Balance of the relevant Additional Home Equity Loans, and to the Master Servicer any other amount deposited in earnings on those funds since the Collection Account relevant Subsequent Closing Date. If after that was not required payment any funds remain from the original set aside with respect to be deposited therein the Transfer Document pursuant to Section 3.02;
(viii) to pay 2.01(b), then they shall be returned to the Seller Additional Loan Account. If on the amount, if any, deposited Latest Subsequent Closing Date any funds remain in the Collection Account by the Indenture Trustee upon release thereof Trustee's possession from the Funding Account representing payments for Additional Loans; and
(ix) after the occurrence of an Amortization Eventany set aside under Section 3.01(b), to pay then they shall be returned to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Additional Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationAccount.
Appears in 3 contracts
Sources: Sale and Servicing Agreement (Cwabs Inc), Sale and Servicing Agreement (Cwabs Inc), Sale and Servicing Agreement (Cwabs Inc)
Withdrawals from the Collection Account. (a) The HELOC Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the HELOC Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the Business Day prior to each Payment HELOC Master Servicer Remittance Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related HELOC Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loanrelated Recoveries;
(iii) to pay to itself out of each payment received on account of interest on a HELOC Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related HELOC Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any HELOC Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the HELOC Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Class VII-A Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) [Reserved];
(vi) to reimburse the HELOC Master Servicer or any Subservicer from Insurance Proceeds, Liquidation Proceeds or Recoveries relating to a particular HELOC Mortgage Loan for amounts expended by the HELOC Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such HELOC Mortgage Loan;
(vii) to pay the HELOC Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the HELOC Master Servicer of an amount equal to the HELOC Master Servicing Fee), as appropriate, from Liquidation Proceeds, Insurance Proceeds or Recoveries received in connection with the liquidation of any HELOC Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such HELOC Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds, Insurance Proceeds and Recoveries with respect to such HELOC Mortgage Loan, after any reimbursement to the HELOC Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such HELOC Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the HELOC Master Servicing Fee Rate to but not including the date of payment (in any event, the aggregate amount of servicing compensation received by a Subservicer and the HELOC Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable HELOC Master Servicing Fee);
(viii) to reimburse the HELOC Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not otherwise reimbursed pursuant to this Subsection 3.07(a);
(ix) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiix) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to be recovered as a voidable preference by a trustee in bankruptcy pursuant to the Seller the amountBankruptcy Code in accordance with a final, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; andnonappealable order of a court having competent jurisdiction;
(ixxi) after to reimburse the occurrence of an Amortization Event, HELOC Master Servicer for costs incurred by it associated with the environmental report specified in Section 3.13(e);
(xii) to pay to the Seller, on behalf of the Excluded AmountDepositor, to the extent that principal collections exceed Draws, the outstanding principal balance of each Additional Balance purchased by the Depositor from the Seller pursuant to the Mortgage Loan Purchase Agreement; and
(xiii) to clear and terminate the Collection Account following a termination of the Trust pursuant to Section 8.01 of the Trust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (vi) and (vii), the HELOC Master Servicer's entitlement thereto is limited to collections or other recoveries on the related HELOC Mortgage Loan, and the HELOC Master Servicer shall keep and maintain separate accounting, on a HELOC Mortgage Loan by HELOC Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the HELOC Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related HELOC Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the HELOC Master Servicer determines shall allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled hereunder as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable such Subservicers.
(c) The HELOC Master Servicer shall pay to the Mortgage Loans Indenture Trustee interest on any Business Day prior payments to the Payment Account which were due on a HELOC Master Servicer Remittance Date succeeding but were made after the related HELOC Master Servicer Remittance Date at a rate equal to the federal funds rate from the date due to the date paid, both inclusive. This interest shall be solely an obligation of such determinationthe HELOC Master Servicer and shall not be recoverable by the Indenture Trustee from the Trust or from any other source.
Appears in 3 contracts
Sources: Servicing Agreement (American Home Mortgage Investment Trust 2004-4), Servicing Agreement (American Home Mortgage Investment Trust 2004-4), Servicing Agreement (American Home Mortgage Investment Trust 2004-4)
Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Account, on by the Business Day Servicer Remittance Date prior to each Payment Distribution Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Distribution Account on such Payment a Distribution Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances expenses were madepaid, or from related Liquidation Proceeds or the proceeds of the purchase of on such Mortgage LoanLoans;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Certificateholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer’s own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property or in connection with the liquidation of such Mortgage Loan;
(vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a);
(viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiiix) to reimburse the Servicer for costs associated with handling the presence of any toxic or hazardous substance on a Mortgaged Property as set forth in Section 3.13(c);
(x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08;
(xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account;
(xii) to pay to the MI Insurer the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and
(xiii) to make an Advance with respect to a delinquent Mortgage Loan from funds held in the Collection Account as contemplated by Section 3.24, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and
Distribution Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's ’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. .
(b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (NovaStar Certificates Financing LLC), Pooling and Servicing Agreement (NovaStar Certificates Financing CORP), Pooling and Servicing Agreement (Novastar Mortgage Funding Trust Series 2004-2)
Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the Business Day Servicer Remittance Date prior to each Payment Distribution Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such Payment a Distribution Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Certificateholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer's own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan;
(vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a);
(viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiiix) to reimburse the Servicer for costs associated with the environmental report specified in Section 3.13(c);
(x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08;
(xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account;
(xii) to pay to the MI Insurer the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and
(xiii) to make an Advance with respect to a delinquent Mortgage Loan from funds held in the Collection Account as contemplated by Section 3.24, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and
Payment Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. .
(b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Novastar Mortgage Funding Corp), Pooling and Servicing Agreement (Novastar Mortgage Funding Corp)
Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Account, on by the Business Day Servicer Remittance Date prior to each Payment Distribution Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Distribution Account on such Payment a Distribution Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances expenses were madepaid, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Certificateholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer’s own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property or in connection with the liquidation of such Mortgage Loan;
(vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a);
(viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiiix) to reimburse the Servicer for costs associated with the environmental report handling the presence of any toxic or hazardous substance on a Mortgaged Property as set forth in Section 3.13(c);
(x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08;
(xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account;
(xii) to pay to the MI Insurer the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and
(xiii) to make an Advance with respect to a delinquent Mortgage Loan from funds held in the Collection Account as contemplated by Section 3.24, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and
Distribution Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's ’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. .
(b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (NovaStar Mortgage Funding Trust, Series 2004-3), Pooling and Servicing Agreement (NovaStar Mortgage Funding Trust, Series 2004-4)
Withdrawals from the Collection Account. The Servicer shallAdministrator shall instruct the Indenture Trustee in writing (based, from time in the case of clauses (iv) and (v) below, on the information contained in the servicer's report delivered with respect to time as provided herein, the applicable Determination Date pursuant to Section 3.07 of the Servicing Agreement) to make withdrawals from amounts deposited in the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to at the Mortgage Loans following times and for the following purposes, and the Indenture Trustee shall comply with such instructions:
(i) from time to time during the Revolving Period, insofar as the Administrator may so instruct on any Business Day therein, to deposit into the Collateral Reinvestment Account all collections in respect of principal of the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment DateFinanced Student Loans;
(ii) from time to time during each Collection Period to pay the Department any Consolidation Fees due and payable to the Department, to the extent deposited to such Consolidation Fees are not being deducted by the Collection AccountDepartment out of Special Allowance Payments or Interest Subsidy Payments;
(A) on each Add-on Consolidation Loan Funding Date after the Revolving Period, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred prepay in maintaining individual insurance policies full any Add-on Consolidation Loan pursuant to Section 3.046.07 of the Trust Agreement; provided, or Liquidation Expenseshowever, that the amount paid to prepay any Add-on Consolidation Loan on any date since the preceding Quarterly Payment Date shall not exceed the Net Principal Cash Flow Amount for such date minus the aggregate Purchase Collateral Balance remitted for the purchase of Serial Loans on each Transfer Date since the preceding Quarterly Payment Date after the Revolving Period pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.092(d)(iii)(B), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(vii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02;
(viii) to pay to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and
(ixB) on each Transfer Date after the occurrence of an Amortization Event, Revolving Period to pay to the Seller, pursuant to Section 2.02 of the Excluded Amount. SinceLoan Sale Agreement, the aggregate Purchase Collateral Balance for Serial Loans purchased by the Eligible Lender Trustee on behalf of the Issuer on such date (but only to the extent such aggregate Purchase Collateral Balance has not been satisfied by the exchange of Serial Loans for Exchanged Student Loans); provided that the amount paid to the Seller for the purchase of Serial Loans on such Transfer Date plus the amount of funds remitted for the purchase of Serial Loans on each Transfer Date since the preceding Quarterly Payment Date on any Transfer Date after the Revolving Period shall not exceed the Net Principal Cash Flow Amount for such Transfer Date minus the sum of (i) all amounts paid since the last Quarterly Payment Date pursuant to Section 2(d)(iii)(A) to prepay any Add-on Consolidation Loan not held by the Issuer and (ii) all amounts which the Administrator reasonably estimates will be required to prepay Add-on Consolidation Loans pursuant to Section 2(d)(iii)(A) during the remainder of the Collection Period; and provided, further, that any Purchase Premium Amounts for Serial Loans purchased after the Revolving Period shall be paid only out of Reserve Account Excess as set forth in Section 2(e)(ii);
(iv) on each Monthly Payment Date that is not a Quarterly Payment Date, to make the following deposits and distributions to the Persons specified below by 11:00 a.m. (New York time), to the extent of Monthly Available Funds for such Monthly Payment Date in the Collection Account, in connection the following order of priority:
(A) to the Servicer, the Servicing Fee with withdrawals respect to the preceding calendar month and all unpaid Servicing Fees from prior months; and
(B) to the Administrator, from the amount of the Monthly Available Funds remaining after the application of clause (A), the Administration Fee with respect to the preceding calendar month and all unpaid Administration Fees from prior months;
(v) on each Quarterly Payment Date, to make the following deposits and distributions to the Persons or the account specified below by 11:00 a.m. (New York time), to the extent of Available Funds for such Quarterly Payment Date in the Collection Account, in the following order of priority:
(A) to the Servicer, the Servicing Fee with respect to the preceding calendar month and all unpaid Servicing Fees from prior months;
(B) to the Administrator, from the amount of the Available Funds remaining after the application of clause (A), the Administration Fee with respect to the preceding calendar month and all unpaid Administration Fees from prior months;
(C) to the Indenture Trustee for distribution pursuant to Section 8.02(c) of the Indenture, in the following order of priority, from the amount of the Available Funds remaining after the application of clauses (iii), (iv), (viA) and (viiB): (i) the Class A-1 Noteholders' Interest Distribution Amount, the Class A-2 Noteholders' Interest Distribution Amount, the Trust Swap Payment Amount, if any, and the remainder of any Termination Payment to the extent that the Trust is the defaulting party (other than an Event of Default specified in Section 5(a)(i) of the Swap Agreement), the Servicer's entitlement thereto is limited to collections or other recoveries pro rata, based on the related Mortgage Loanratio of each such amount to the total of such amounts; (ii) the Subordinate Noteholders' Interest Distribution Amount; (iii) if the Revolving Period has terminated, the Servicer shall keep Senior Noteholders' Principal Distribution Amount; and maintain separate accounting(iv) if the Revolving Period has terminated, on a Mortgage Loan by Mortgage Loan basisthe Subordinate Noteholders' Principal Distribution Amount, for each with respect to such Quarterly Payment Date; and
(D) to the purpose Reserve Account, the amount of justifying any withdrawal Available Funds remaining after the application of clauses (A) through (C). Except in the case of amounts deposited into the Reserve Account pursuant to clause (d)(v)(D) of this Section 2, amounts properly calculated, reported and withdrawn from the Collection Account and properly distributed pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, Section 2(d) in accordance with the Servicer terms hereof shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant deemed released from the Trust Estate and the security interest therein granted to the terms of this Servicing Agreement that Indenture Trustee, and the Servicer determines Persons to whom such amounts are distributed shall in no event be otherwise nonrecoverable (except with respect required to refund any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationdistributed amounts.
Appears in 2 contracts
Sources: Administration Agreement (Usa Group Secondary Market Services Inc), Administration Agreement (Usa Group Secondary Market Services Inc)
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Servicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee);
(viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a);
(x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee;
(xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiixii) to pay Radian the premium with respect to the Seller Radian PMI Policy;
(xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee and the Bond Insurer the Premium Amount;
(xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and
(ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 2 contracts
Sources: Servicing Agreement (Imh Assets Corp Collateralized Asset Backed Bonds Ser 2000 1), Servicing Agreement (Imh Assets Corp)
Withdrawals from the Collection Account. The Servicer shallAdministrator shall instruct the Indenture Trustee in writing (based, from time in the case of clauses (iv) and (v) below, on the information contained in the servicer's report delivered with respect to time as provided herein, the applicable Determination Date pursuant to Section 3.07 of the Servicing Agreement) to make withdrawals from amounts deposited in the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to at the Mortgage Loans following times and for the following purposes, and the Indenture Trustee shall comply with such instructions:
(i) from time to time during the Revolving Period, insofar as the Administrator may so instruct on any Business Day therein, to deposit into the Collateral Reinvestment Account all collections in respect of principal of the Financed Student Loans; provided that if the Collateral Reinvestment Account Trigger is triggered with respect to any Monthly Collection Period, the Administrator may only instruct the Indenture Trustee to deposit amounts in the Collateral Reinvestment Account in excess of the amount necessary to pay the Noteholders' Interest Distribution Amount for the next Quarterly Payment Date provided, further, that such amounts shall remain on deposit in the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on Collection Account until such next succeeding Quarterly Payment Date;
(ii) from time to time during each Collection Period to pay the Department any Consolidation Fees due and payable to the Department, to the extent deposited to such Consolidation Fees are not being deducted by the Collection AccountDepartment out of Special Allowance Payments or Interest Subsidy Payments;
(A) on each Add-on Consolidation Loan Funding Date after the Revolving Period, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred prepay in maintaining individual insurance policies full any Add-on Consolidation Loan pursuant to Section 3.046.07 of the Trust Agreement; provided, or Liquidation Expenseshowever, that the amount paid to prepay any Add-on Consolidation Loan on any date since the preceding Quarterly Payment Date shall not exceed the Net Principal Cash Flow Amount for such date minus the aggregate Purchase Collateral Balance remitted for the purchase of Serial Loans on each Transfer Date since the preceding Quarterly Payment Date after the Revolving Period pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.092(d)(iii)(B), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(vii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02;
(viii) to pay to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and
(ixB) on each Transfer Date after the occurrence of an Amortization Event, Revolving Period to pay to the Seller, pursuant to Section 2.02 of the Excluded Amount. SinceLoan Sale Agreement, the aggregate Purchase Collateral Balance for Serial Loans purchased by the Eligible Lender Trustee on behalf of the Issuer on such date (but only to the extent such aggregate Purchase Collateral Balance has not been satisfied by the exchange of Serial Loans for Exchanged Student Loans); provided that the amount paid to the Seller for the purchase of Serial Loans on such Transfer Date plus the amount of funds remitted for the purchase of Serial Loans on each Transfer Date since the preceding Quarterly Payment Date on any Transfer Date after the Revolving Period shall not exceed the Net Principal Cash Flow Amount for such Transfer Date minus the sum of (i) all amounts paid since the last Quarterly Payment Date pursuant to Section 2(d)(iii)(A) to prepay any Add-on Consolidation Loan not held by the Issuer and (ii) all amounts which the Administrator reasonably estimates will be required to prepay Add-on Consolidation Loans pursuant to Section 2(d)(iii)(A) during the remainder of the Collection Period; and provided, further, that any Purchase Premium Amounts for Serial Loans purchased after the Revolving Period shall be paid only out of Reserve Account Excess as set forth in Section 2(e)(ii);
(iv) on each Monthly Payment Date that is not a Quarterly Payment Date, to make the following deposits and distributions to the Persons specified below by 11:00 a.m. (New York time), to the extent of Monthly Available Funds for such Monthly Payment Date in the Collection Account, in connection the following order of priority:
(A) to the Servicer, the Servicing Fee with withdrawals respect to the preceding calendar month and all unpaid Servicing Fees from prior months; and
(B) to the Administrator, from the amount of the Monthly Available Funds remaining after the application of clause (A), the Administration Fee with respect to the preceding calendar month and all unpaid Administration Fees from prior months;
(v) on each Quarterly Payment Date, to make the following deposits and distributions to the Persons or the account specified below by 11:00 a.m. (New York time), to the extent of Available Funds for such Quarterly Payment Date in the Collection Account, in the following order of priority:
(A) to the Servicer, the Servicing Fee with respect to the preceding calendar month and all unpaid Servicing Fees from prior months;
(B) to the Administrator, from the amount of the Available Funds remaining after the application of clause (A), the Administration Fee with respect to the preceding calendar month and all unpaid Administration Fees from prior months;
(C) to the Indenture Trustee for distribution pursuant to Section 8.02(c) of the Indenture, in the following order of priority, from the amount of the Available Funds remaining after the application of clauses (iii), (iv), (viA) and (viiB): (i) the Class A-1 Noteholders' Interest Distribution Amount, the Class A-2 Noteholders' Interest Distribution Amount, the Trust Swap Payment Amounts, if any, and the remainder of any Termination Payment to the extent that the remainder of such Termination Payment is owed to any Swap Counterparties following a Redemption Event (as defined in any related Swap Agreement) or the Trust is the defaulting party (other than an Event of Default specified in Section 5(a)(i) of any Swap Agreements), the Servicer's entitlement thereto is limited to collections or other recoveries pro rata, based on the related Mortgage Loanratio of each such amount to the total of such amounts; (ii) the Subordinate Noteholders' Interest Distribution Amount; (iii) if the Revolving Period has terminated, the Servicer shall keep Senior Noteholders' Principal Distribution Amount; and maintain separate accounting(iv) if the Revolving Period has terminated, on a Mortgage Loan by Mortgage Loan basisthe Subordinate Noteholders' Principal Distribution Amount, for each with respect to such Quarterly Payment Date; and
(D) to the purpose Reserve Account, the amount of justifying any withdrawal Available Funds remaining after the application of clauses (A) through (C). Except in the case of amounts deposited into the Reserve Account pursuant to clause (d)(v)(D) of this Section 2, amounts properly calculated, reported and withdrawn from the Collection Account and properly distributed pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, Section 2(d) in accordance with the Servicer terms hereof shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant deemed released from the Trust Estate and the security interest therein granted to the terms of this Servicing Agreement that Indenture Trustee, and the Servicer determines Persons to whom such amounts are distributed shall in no event be otherwise nonrecoverable (except with respect required to refund any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationdistributed amounts.
Appears in 2 contracts
Sources: Administration Agreement (SMS Student Loan Trust 2000-B), Administration Agreement (SMS Student Loan Trust 2000-A)
Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 5.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the Business Day Servicer Remittance Date prior to each Payment Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.045.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)5.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances expenses were madepaid, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.095.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.025.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Sponsor or the Seller, as applicable, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased by the Sponsor or otherwise transferred to the Seller, as applicable, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer’s own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 5.13: (x) in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the uninsured cause, (y) in connection with the liquidation of such Mortgage Loan, or (z) with respect to an MI Claim Payment Advance made by the Servicer with respect to such Mortgage Loan;
(vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Section 5.07(a);
(viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.025.06;
(viiiix) to reimburse the Servicer for costs associated with the environmental report handling the presence of any toxic or hazardous substance on a Mortgaged Property as set forth in Section 5.13(c);
(x) to clear and terminate the Collection Account upon a termination pursuant to Section 9.01;
(xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account;
(xii) to pay to the MI Insurer the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and
(xiii) to make an Advance with respect to a Mortgage Loan that is Delinquent from funds held in the Collection Account as contemplated by Section 5.24, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and
Payment Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's ’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. .
(b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 5.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 2 contracts
Sources: Sale and Servicing Agreement (NovaStar Certificates Financing CORP), Sale and Servicing Agreement (NovaStar Certificates Financing CORP)
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer’s own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee);
(viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a);
(x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee, the Owner Trustee Fee and any amounts payable or reimbursable to the Indenture Trustee therefrom and the Net Derivative Fee;
(xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiixii) to pay the PMI Insurer the premium with respect to the Seller PMI Insurer Policy;
(xiii) to pay the amount, if any, deposited Bond Insurance Premium;
(xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and
(ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's ’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 2 contracts
Sources: Servicing Agreement (IMPAC CMB Trust Series 2005-5), Servicing Agreement (IMPAC CMB Trust Series 2005-5)
Withdrawals from the Collection Account. The Servicer shallAdministrator shall instruct the Indenture Trustee in writing (based, from time in the case of clauses (iv) and (v) below, on the information contained in the servicer's report delivered with respect to time as provided herein, the applicable Determination Date pursuant to Section 3.07 of the Servicing Agreement) to make withdrawals from amounts deposited in the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to at the Mortgage Loans following times and for the following purposes, and the Indenture Trustee shall comply with such instructions:
(i) from time to time during the Revolving Period, insofar as the Administrator may so instruct on any Business Day therein, to deposit into the Collateral Reinvestment Account all collections in respect of principal of the Financed Student Loans; provided that if the Collateral Reinvestment Account Trigger is triggered with respect to any Monthly Collection Period, the Administrator may only instruct the Indenture Trustee to deposit amounts in the Collateral Reinvestment Account in excess of the amount necessary to pay the Noteholders' Interest Distribution Amount for the next Quarterly Payment Date provided, further, that such amounts shall remain on deposit in the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on Collection Account until such next succeeding Quarterly Payment Date;
(ii) from time to time during each Collection Period to pay the Department any Consolidation Fees due and payable to the Department, to the extent deposited to such Consolidation Fees are not being deducted by the Collection AccountDepartment out of Special Allowance Payments or Interest Subsidy Payments;
(A) on each Add-on Consolidation Loan Funding Date after the Revolving Period, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred prepay in maintaining individual insurance policies full any Add-on Consolidation Loan pursuant to Section 3.046.07 of the Trust Agreement; provided, or Liquidation Expenseshowever, that the amount paid to prepay any Add-on Consolidation Loan on any date since the preceding Quarterly Payment Date shall not exceed the Net Principal Cash Flow Amount for such date minus the aggregate Purchase Collateral Balance remitted for the purchase of Serial Loans on each Transfer Date since the preceding Quarterly Payment Date after the Revolving Period pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.092(d)(iii)(B), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(vii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02;
(viii) to pay to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and
(ixB) on each Transfer Date after the occurrence of an Amortization Event, Revolving Period to pay to the Seller, pursuant to Section 2.02 of the Excluded Amount. SinceLoan Sale Agreement, the aggregate Purchase Collateral Balance for Serial Loans purchased by the Eligible Lender Trustee on behalf of the Issuer on such date (but only to the extent such aggregate Purchase Collateral Balance has not been satisfied by the exchange of Serial Loans for Exchanged Student Loans); provided that the amount paid to the Seller for the purchase of Serial Loans on such Transfer Date plus the amount of funds remitted for the purchase of Serial Loans on each Transfer Date since the preceding Quarterly Payment Date on any Transfer Date after the Revolving Period shall not exceed the Net Principal Cash Flow Amount for such Transfer Date minus the sum of: (i) all amounts paid since the last Quarterly Payment Date pursuant to Section 2(d)(iii)(A) to prepay any Add-on Consolidation Loan not held by the Issuer and (ii) all amounts which the Administrator reasonably estimates will be required to prepay Add-on Consolidation Loans pursuant to Section 2(d)(iii)(A) during the remainder of the Collection Period; and provided, further, that any Purchase Premium Amounts for Serial Loans purchased after the Revolving Period shall be paid only out of Reserve Account Excess as set forth in Section 2(e)(ii);
(iv) on each Monthly Payment Date that is not a Quarterly Payment Date, to make the following deposits and distributions to the Persons specified below by 11:00 a.m. (New York time), to the extent of Monthly Available Funds for such Monthly Payment Date in the Collection Account, in connection the following order of priority:
(A) to the Servicer, the Servicing Fee with withdrawals respect to the preceding calendar month and all unpaid Servicing Fees from prior months; and
(B) to the Administrator, from the amount of the Monthly Available Funds remaining after the application of clause (A), the Administration Fee with respect to the preceding calendar month and all unpaid Administration Fees from prior months;
(v) on each Quarterly Payment Date, to make the following deposits and distributions to the Persons or the account specified below by 11:00 a.m. (New York time), to the extent of Available Funds for such Quarterly Payment Date in the Collection Account, in the following order of priority:
(A) to the Servicer, the Servicing Fee with respect to the preceding calendar month and all unpaid Servicing Fees from prior months;
(B) to the Administrator, from the amount of the Available Funds remaining after the application of clause (A), the Administration Fee with respect to the preceding calendar month and all unpaid Administration Fees from prior months;
(C) to the Indenture Trustee for distribution pursuant to Section 8.02(c) of the Indenture, in the following order of priority, from the amount of the Available Funds remaining after the application of clauses (iii), (iv), (viA) and (viiB): (i) the Class A-1 Noteholders' Interest Distribution Amount, the Class A-2 Noteholders' Interest Distribution Amount, the Trust Swap Payment Amounts, if any, and the remainder of any Termination Payment to the extent that the remainder of such Termination Payment is owed to any Swap Counterparties following a Redemption Event (as defined in any related Swap Agreement) or the Trust is the defaulting party (other than an Event of Default specified in Section 5(a)(i) of any Swap Agreements), the Servicer's entitlement thereto is limited to collections or other recoveries pro rata, based on the related Mortgage Loanratio of each such amount to the total of such amounts; (ii) the Subordinate Noteholders' Interest Distribution Amount; (iii) if the Revolving Period has terminated, the Servicer shall keep Senior Noteholders' Principal Distribution Amount; and maintain separate accounting(iv) if the Revolving Period has terminated, on a Mortgage Loan by Mortgage Loan basisthe Subordinate Noteholders' Principal Distribution Amount, for each with respect to such Quarterly Payment Date; and
(D) to the purpose Reserve Account, the amount of justifying any withdrawal Available Funds remaining after the application of clauses (A) through (C). Except in the case of amounts deposited into the Reserve Account pursuant to clause (d)(v)(D) of this Section 2, amounts properly calculated, reported and withdrawn from the Collection Account and properly distributed pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, Section 2(d) in accordance with the Servicer terms hereof shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant deemed released from the Trust Estate and the security interest therein granted to the terms of this Servicing Agreement that Indenture Trustee, and the Servicer determines Persons to whom such amounts are distributed shall in no event be otherwise nonrecoverable (except with respect required to refund any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationdistributed amounts.
Appears in 2 contracts
Sources: Administration Agreement (Goldman Sachs Asset Backed Securities Corp), Administration Agreement (Gs Mortgage Securities Corp)
Withdrawals from the Collection Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Home Equity Loans for the following purposes:
(i) to remit to the Indenture Trustee for deposit in the Distribution Payment Account, on the Business Day prior to related Determination Date for each Payment Date, an amount equal to the Security Collections required to be distributed on for such Payment Date;
(ii) prior to either a Rapid Amortization Event or the Collection Period preceding the end of the Managed Amortization Period, to pay to the Seller, with respect to the Revolving Credit Loans, the amount of any Additional Balances as and when created during the related Collection Period, provided, that, with respect to the Revolving Credit Loans, the aggregate amount so paid to the Seller in respect of Additional Balances at any time during any Collection Period shall not exceed the amount of Principal Collections theretofore received for such Collection Period;
(iii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Home Equity Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Home Equity Loan;
(iiiiv) to pay to itself out of each payment received on account of interest on a Mortgage Home Equity Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(ivv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(vvi) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
Profits (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined;extent permitted by law); and
(vii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02;
(viii) to pay to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and
(ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (viivi), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Home Equity Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Home Equity Loan by Mortgage Home Equity Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Home Equity Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Home Equity Loans on any Business Day prior to the Payment Determination Date succeeding following the date of such determinationcalculation.
Appears in 2 contracts
Sources: Servicing Agreement (Morgan Stanley Abs Capital I Inc), Servicing Agreement (Morgan Stanley ABS Capital I Inc. MSDWCC HELOC Trust 2005-1)
Withdrawals from the Collection Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Home Equity Loans for the following purposes:
(i) to remit to the Indenture Trustee for deposit in the Distribution Payment Account, on the Business Day prior to related Determination Date for each Payment Date, an amount equal to the Security Interest Collections required to be distributed on and Principal Collections for such Payment Date;
(ii) prior to either a Rapid Amortization Event or the Collection Period preceding the end of the Managed Amortization Period, to pay to the Seller, with respect to the Revolving Credit Loans, the amount of any Additional Balances as and when created during the related Collection Period, provided, that, with respect to the Revolving Credit Loans, the aggregate amount so paid to the Seller in respect of Additional Balances at any time during any Collection Period shall not exceed the amount of Principal Collections theretofore received for such Collection Period;
(iii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Home Equity Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Home Equity Loan;
(iiiiv) to pay to itself out of each payment received on account of interest on a Mortgage Home Equity Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(ivv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(vvi) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
Profits (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined;extent permitted by law); and
(vii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02;
(viii) to pay to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and
(ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (viivi), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Home Equity Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Home Equity Loan by Mortgage Home Equity Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Home Equity Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Home Equity Loans on any Business Day prior to the Payment Determination Date succeeding following the date of such determinationcalculation.
Appears in 2 contracts
Sources: Servicing Agreement (Morgan Stanley Abs Capital I Inc MSDWCC Heloc Trust 2003-1), Servicing Agreement (Heloc Asset-Backed Notes Series 2003-2)
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the fifth Business Day prior to each Payment Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed Servicing Advances, expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to net of any Subservicer any Subservicing Fees not previously withheld amount retained by the SubservicerSubservicer in respect of the Subservicing Fee pursuant to Section 3.07(b);
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan;
(vii) to reimburse the Master Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a);
(viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiiix) to reimburse the Master Servicer for costs associated with any environmental report specified in Section 3.13(c);
(x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08; and
(xi) to pay to the Seller the amount, if any, deposited Master Servicer or any Subservicer income earned on Eligible Investments in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and
(ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded AmountAccount. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep or cause the Subservicer to keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. .
(b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Master Servicer may, but is not required to, allow the Subservicers to deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any portion to which such Subservicers are entitled as reimbursement of any reimbursable Advances, Servicing Advances and Nonrecoverable Advances made by such Subservicers or the Sub-Servicing Fee; provided that any amount so retained in respect of the Subservicing Fee shall be entitled deemed to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to have been received by the terms Master Servicer in respect of this the Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationFee.
Appears in 2 contracts
Sources: Servicing Agreement (Pacificamerica Money Center Inc), Servicing Agreement (Pacificamerica Money Center Inc)
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer’s own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee);
(viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a);
(x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee, the Owner Trustee Fee and any amounts payable or reimbursable to the Indenture Trustee therefrom and the Net Derivative Fee;
(xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiixii) to pay the private mortgage insurer including the PMI Insurer the Lender-Paid PMI Insurer Fee with respect to the Seller Primary Insurance Policy;
(xiii) to pay the amount, if any, deposited Bond Insurance Premium;
(xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and
(ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's ’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 1 contract
Sources: Servicing Agreement (IMH Assets Corp., Collateralized Asset-Backed Bonds, Series 2005-6)
Withdrawals from the Collection Account. The Servicer shall, from time Indenture Trustee shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(i) to deposit in the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to deposit the portion of the Interest Collections and Principal Collections for the related Due Period then in the Collection Account to the Security Collections required to be distributed on such Payment DateDistribution Account;
(ii) to reimburse the extent deposited to the Collection Account, to reimburse itself or the related Subservicer Servicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this any accrued and unpaid Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanFees;
(iii) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to itself out of each payment received on account of interest on be recovered as a Mortgage Loan as contemplated voidable preference by Section 3.09, an amount equal a trustee in bankruptcy pursuant to the related Servicing Fee (to the extent not retained pursuant to Section 3.02)United States Bankruptcy Code in accordance with a final, and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicernonappealable order of a court having competent jurisdiction;
(iv) subject to the extent deposited Section 5.06 hereof, to make investments in the Collection Account Eligible Investments and to pay to itself as additional servicing compensation any the Servicer interest earned in respect of Eligible Investments or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account;
(v) to the extent withdraw any funds deposited in the Collection Account, Account that were not required to be deposited therein or were deposited therein in error and to pay such funds to itself as additional servicing compensation any Foreclosure Profitsthe appropriate Person;
(vi) to pay the Servicer the servicing compensation for the related Due Period that it is entitled to itself or the Seller, with respect receive pursuant to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred Section 3.09 herein to the Seller, the Servicer extent not retained or other entity, all amounts received thereon and not required paid pursuant to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determinedSection 3.02(b) hereof;
(vii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02;[Reserved]
(viii) to pay withdraw funds necessary for the conservation and disposition of REO Property pursuant to Section 3.07 to the Seller the amount, if any, deposited in the Collection Account extent not advanced by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansServicer; and
(ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) clear and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from terminate the Collection Account pursuant to such clauses. Notwithstanding any other provision upon the termination of this Servicing Agreement, the Servicer shall be entitled Agreement and to reimburse itself for pay any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant amounts remaining therein to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationTransferor.
Appears in 1 contract
Sources: Sale and Servicing Agreement (First Horizon Asset Securities Inc)
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the fifth Business Day prior to each Payment Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed Servicing Advances, expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to net of any Subservicer any Subservicing Fees not previously withheld amount retained by the SubservicerSubservicer in respect of the Subservicing Fee pursuant to Section 3.07(b);
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan;
(vii) to reimburse the Master Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a);
(viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiiix) to reimburse the Master Servicer for costs associated with any environmental report specified in Section 3.13(c);
(x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08; and
(xi) to pay to the Seller the amount, if any, deposited Master Servicer or any Subservicer income earned on Eligible Investments in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and
(ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded AmountAccount. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep or cause the Subservicer to keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. .
(b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Master Servicer may, but is not required to, allow the Subservicers to deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any portion to which such Subservicers are entitled as reimbursement of any reimbursable Advances, Servicing Advances and Nonrecoverable Advances made by such Subservicers or the Sub-Servicing Fee; PROVIDED THAT any amount so retained in respect of the Subservicing Fee shall be entitled deemed to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to have been received by the terms Master Servicer in respect of this the Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationFee.
Appears in 1 contract
Sources: Servicing Agreement (Merrill Lynch Mortgage Investors Inc)
Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the Business Day Servicer Remittance Date prior to each Payment Distribution Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such Payment a Distribution Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Certificateholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer's own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan;
(vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a);
(viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiiix) to reimburse the Servicer for costs associated with the environmental report specified in Section 3.13(c);
(x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08;
(xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account;
(xii) to pay to the MI Insurer the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and
(xiii) to make an Advance with respect to a delinquent Mortgage Loan from funds held in the Collection Account as contemplated by Section 3.24, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and
Payment Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. The Servicer shall not use any payments received under the Cap Agreements and deposited in the Collection Account to make any of the foregoing payments, other than pursuant to clause (xiii) above.
(b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Residential Asset Funding Corp)
Withdrawals from the Collection Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Revolving Credit Loans for the following purposes:
(i) to deposit in the Distribution Payment Account, on the Business Day prior to related Determination Date for each Payment Date, an amount equal to the Security Interest Collections and Principal Collections required to be distributed on such Payment Date;
(ii) prior to either a Rapid Amortization Event or the Collection Period preceding the end of the Managed Amortization Period, to pay to the Seller, the amount of any Additional Balances as and when created during the related Collection Period, provided, that the aggregate amount so paid to the Seller in respect of Additional Balances at any time during any Collection Period shall not exceed the amount of Principal Collections theretofore received for such Collection Period;
(iii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Revolving Credit Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Revolving Credit Loan;
(iiiiv) to pay to itself out of each payment received on account of interest on a Mortgage Revolving Credit Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(ivv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(vvi) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure ProfitsProfits (to the extent permitted by law);
(vivii) to pay to itself or the Seller, with respect to any Mortgage Revolving Credit Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined;; and
(viiviii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02;
(viii) to pay to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and
(ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Revolving Credit Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Revolving Credit Loan by Mortgage Revolving Credit Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Revolving Credit Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Revolving Credit Loans on any Business Day prior to the Payment Determination Date succeeding following the date of such determinationcalculation.
Appears in 1 contract
Sources: Servicing Agreement (Morgan Stanley Abs Capital I Inc)
Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Account, on by the Business Day Servicer Remittance Date prior to each Payment Distribution Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Distribution Account on such Payment a Distribution Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Certificateholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer’s own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan;
(vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a);
(viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiiix) to reimburse the Servicer for costs associated with the environmental report specified in Section 3.13(c);
(x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08;
(xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account;
(xii) to pay to the MI Insurer the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and
(xiii) to make an Advance with respect to a delinquent Mortgage Loan from funds held in the Collection Account as contemplated by Section 3.24, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and
Distribution Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's ’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. .
(b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Novastar Mortgage Funding Trust Series 2004-1)
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds and any prepayment charges required to be distributed as provided in the Indenture on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer’s own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee);
(viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a);
(x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee, the Owner Trustee Fee and any amounts payable or reimbursable to the Indenture Trustee therefrom and the Class A_2 Derivative Fee and Net Derivative Fee;
(xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiixii) to pay the private mortgage insurer including the PMI Insurer the Lender-Paid PMI Insurer Fee with respect to the Seller Primary Insurance Policy;
(xiii) to pay the amount, if any, deposited Bond Insurance Premium;
(xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and
(ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's ’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 1 contract
Sources: Servicing Agreement (Imh Assets Corp., Collateralized Asset-Backed Bonds, Series 2005-7)
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer(s own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee);
(viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a);
(x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee, the Owner Trustee Fee and any amounts payable or reimbursable to the Indenture Trustee therefrom and the Net Derivative Fee;
(xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiixii) to pay the PMI Insurer the premium with respect to the Seller PMI Insurer Policy;
(xiii) to reimburse the amount, if any, deposited Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and
(ixxiv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Servicer's Master Servicer(s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 1 contract
Sources: Servicing Agreement (Imh Assets Corp., Collateralized Asset-Backed Bonds, Series 2005-4)
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the fifth Business Day prior to each Payment Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed Servicing Advances, expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to net of any Subservicer any Subservicing Fees not previously withheld amount retained by the SubservicerSubservicer in respect of the Subservicing Fee pursuant to Section 3.07(b);
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan;
(vii) to reimburse the Master Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a);
(viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiiix) to reimburse the Master Servicer for costs associated with any environmental report specified in Section 3.13(c);
(x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08; and
(xi) to pay to the Seller the amount, if any, deposited Master Servicer or any Subservicer income earned on Eligible Investments in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and
(ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded AmountAccount. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep or cause the Subservicer to keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. .
(b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Master Servicer may, but is not required to, allow the Subservicers to deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any portion to which such Subservicers are entitled as reimbursement of any reimbursable Advances, Servicing Advances and Nonrecoverable Advances made by such Subservicers or the Sub- Servicing Fee; PROVIDED THAT any amount so retained in respect of the Subservicing Fee shall be entitled deemed to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to have been received by the terms Master Servicer in respect of this the Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationFee.
Appears in 1 contract
Sources: Servicing Agreement (Merrill Lynch Mortgage Investors Inc)
Withdrawals from the Collection Account. The Servicer shall, from time Indenture Trustee shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(i) to deposit in the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to deposit the portion of the Available Funds then in the Collection Account to the Security Collections required to be distributed on such Payment DateDistribution Account;
(ii) to reimburse the extent deposited Servicer for any accrued and unpaid Servicing Fees and for unreimbursed Monthly Advances and Servicing Advances. The Servicer's right to reimbursement for such unpaid Servicing Fees and unreimbursed Servicing Advances shall be limited to late collections on the related Mortgage Loan, including Liquidation Proceeds, Insurance Proceeds and such other amounts as may be collected by the Servicer from the related Mortgagor or otherwise relating to the Collection Account, Mortgage Loan in respect of which such reimbursed amounts are owed. The Servicer's right to reimburse itself or reimbursement for unreimbursed Monthly Advances shall be limited to late collections of interest on the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant Mortgage Loan and to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such and Insurance Proceeds on related Mortgage LoanLoans;
(iii) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to itself out of each payment received on account of interest on be recovered as a Mortgage Loan as contemplated voidable preference by Section 3.09, an amount equal a trustee in bankruptcy pursuant to the related Servicing Fee (to the extent not retained pursuant to Section 3.02)United States Bankruptcy Code in accordance with a final, and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicernonappealable order of a court having competent jurisdiction;
(iv) subject to the extent deposited Section 5.06 hereof, to make investments in the Collection Account Eligible Investments and to pay to itself as additional servicing compensation any the Servicer interest earned in respect of Eligible Investments or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account;
(v) to the extent withdraw any funds deposited in the Collection Account, Account that were not required to be deposited therein or were deposited therein in error and to pay such funds to itself as additional servicing compensation any Foreclosure Profitsthe appropriate Person;
(vi) to pay the Servicer the servicing compensation for the related Due Period that it is entitled to itself or the Seller, with respect receive pursuant to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred Section 3.09 herein to the Seller, the Servicer extent not retained or other entity, all amounts received thereon and not required paid pursuant to be distributed to Securityholders as of the date on which the related Purchase Price Section 3.02(b) or Repurchase Price is determinedSection 3.02(d) hereof;
(vii) to withdraw reimburse the Servicer for Nonrecoverable Advances that are not, with respect to the aggregate Servicing Advances on any other amount deposited single Mortgage Loan or REO Property, in excess of the Collection Account that was not required to be deposited therein pursuant to Section 3.02Principal Balance thereof;
(viii) to pay withdraw funds necessary for the conservation and disposition of REO Property pursuant to Section 3.07 to the Seller the amount, if any, deposited in the Collection Account extent not advanced by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansServicer; and
(ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) clear and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from terminate the Collection Account pursuant to such clauses. Notwithstanding any other provision upon the termination of this Servicing Agreement, the Servicer shall be entitled Agreement and to reimburse itself for pay any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant amounts remaining therein to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationTransferor.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Bond Securitization LLC)
Withdrawals from the Collection Account. The Servicer shall, from time Trustee shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(i) on each Distribution Date, to deposit the portion of the Available Funds then in the Collection Account to the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment Date;
(ii) to reimburse the extent deposited Servicer for any accrued unpaid Servicing Fees and for unreimbursed Monthly Advances and Servicing Advances. The Servicer's right to reimbursement for unpaid Servicing Fees and unreimbursed Servicing Advances shall be limited to late collections on the related Mortgage Loan, including Liquidation Proceeds, Insurance Proceeds and such other amounts as may be collected by the Servicer from the related Mortgagor or otherwise relating to the Collection Account, Mortgage Loan in respect of which such reimbursed amounts are owed. The Servicer's right to reimburse itself or the related Subservicer reimbursement for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being Monthly Advances shall be limited to amounts received late collections of interest on particular any Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Loan and to Liquidation Proceeds or the proceeds of the purchase of such and Insurance Proceeds on related Mortgage LoanLoans;
(iii) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to itself out of each payment received on account of interest on be recovered as a Mortgage Loan as contemplated voidable preference by Section 3.09, an amount equal a trustee in bankruptcy pursuant to the related Servicing Fee (to the extent not retained pursuant to Section 3.02)United States Bankruptcy Code in accordance with a final, and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicernonappealable order of a court having competent jurisdiction;
(iv) subject to the extent deposited Section 5.05 hereof, to make investments in the Collection Account Eligible Investments and to pay to itself as additional servicing compensation any the Servicer interest earned in respect of Eligible Investments or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account;
(v) to the extent withdraw any funds deposited in the Collection Account, Account that were not required to be deposited therein or were deposited therein in error and to pay such funds to itself as additional servicing compensation any Foreclosure Profitsthe appropriate Person;
(vi) to pay the Servicer servicing compensation pursuant to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred Section 3.09 to the Seller, the Servicer extent not retained or other entity, all amounts received thereon and not required paid pursuant to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determinedSection 3.02(b);
(vii) to withdraw reimburse the Servicer for Nonrecoverable Advances that are not, with respect to aggregate Servicing Advances on any other amount deposited single Mortgage Loan or REO Property, in excess of the Collection Account that was not required to be deposited therein Principal Balance thereof and expenses incurred pursuant to Section 3.027.03;
(viii) to pay withdraw funds necessary for the conservation and disposition of REO Property pursuant to Section 3.07 to the Seller the amount, if any, deposited in the Collection Account extent not advanced by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansServicer; and
(ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) clear and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from terminate the Collection Account pursuant to such clauses. Notwithstanding any other provision upon the termination of this Servicing Agreement, the Servicer shall be entitled Agreement and to reimburse itself for pay any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant amounts remaining therein to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationClass R Certificateholders.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)
Withdrawals from the Collection Account. The Servicer shall, from time Indenture Trustee shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(i) to deposit in the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to deposit the portion of the Interest Collections and Principal Collections for the related Due Period then in the Collection Account to the Security Collections required to be distributed on such Payment DateDistribution Account;
(ii) to reimburse the extent deposited to the Collection Account, to reimburse itself or the related Subservicer Servicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this any accrued and unpaid Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanFees;
(iii) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to itself out of each payment received on account of interest on be recovered as a Mortgage Loan as contemplated voidable preference by Section 3.09, an amount equal a trustee in bankruptcy pursuant to the related Servicing Fee (to the extent not retained pursuant to Section 3.02)United States Bankruptcy Code in accordance with a final, and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicernonappealable order of a court having competent jurisdiction;
(iv) subject to the extent deposited Section 5.06 hereof, to make investments in the Collection Account Eligible Investments and to pay to itself as additional servicing compensation any the Servicer interest earned in respect of Eligible Investments or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account;
(v) to the extent withdraw any funds deposited in the Collection Account, Account that were not required to be deposited therein or were deposited therein in error and to pay such funds to itself as additional servicing compensation any Foreclosure Profitsthe appropriate Person;
(vi) to pay the Servicer the servicing compensation for the related Due Period that it is entitled to itself or the Seller, with respect receive pursuant to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred Section 3.09 herein to the Seller, the Servicer extent not retained or other entity, all amounts received thereon and not required paid pursuant to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determinedSection 3.02(b) hereof;
(vii) to withdraw reimburse the Servicer for any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02Nonrecoverable Advance Previously made;
(viii) to pay withdraw funds necessary for the conservation and disposition of REO Property pursuant to Section 3.07 to the Seller the amount, if any, deposited in the Collection Account extent not advanced by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansServicer; and
(ix) after to clear and terminate the occurrence Collection Account upon the termination of an Amortization Event, this Agreement and to pay any amounts remaining therein to the Seller, the Excluded AmountTransferor. Since, in connection with withdrawals pursuant Prior to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying making any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreementsubclause (vii), the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant have delivered to the terms Indenture Trustee a certificate of this a Servicing Agreement that Officer indicating the amount of any previous Servicing Advance determined by the Servicer determines to be otherwise nonrecoverable (except with respect to any a Nonrecoverable Advance and identifying the related Mortgage Loan as to which the Repurchase Price has been paidLoans(s), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date and their respective portions of such determinationNonrecoverable Advance.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Terwin Securitization LLC)
Withdrawals from the Collection Account. The Servicer shall, from time shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(i) to deposit in the Distribution Account, before 1:00 p.m. (California time) on the Business Day prior to preceding each Payment Distribution Date, an amount equal to withdraw the portion of Available Funds then in the Collection Account and remit such funds to the Security Collections required Trustee for deposit to be distributed on such Payment Datethe Distribution Account;
(ii) to reimburse the extent deposited Servicer for any accrued unpaid Servicing Compensation which the Servicer would not have been required to deposit in the Collection Account and for unreimbursed Monthly Advances and Servicing Advances. The Servicer's right to reimbursement for unpaid Servicing Fees and unreimbursed Servicing Advances shall be limited to late collections on the related Mortgage Loan, including Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and such other amounts as may be collected by the Servicer from the related Mortgagor or otherwise relating to the Collection Account, Mortgage Loan in respect of which such reimbursed amounts are owed. The Servicer's right to reimburse itself or the related Subservicer reimbursement for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being Monthly Advances shall be limited to amounts received late collections of interest on particular any Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were madeLoan and to Liquidation Proceeds, or from Released Mortgaged Property Proceeds and Insurance Proceeds on related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanLoans;
(iii) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to itself out of each payment received on account of interest on be recovered as a Mortgage Loan as contemplated voidable preference by Section 3.09, an amount equal a trustee in bankruptcy pursuant to the related Servicing Fee (to the extent not retained pursuant to Section 3.02)United States Bankruptcy Code in accordance with a final, and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicernonappealable order of a court having competent jurisdiction;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation withdraw any interest or investment income earned on funds deposited in the Collection Account that were not required to be deposited therein (such as Servicing Compensation) or were deposited therein in error and Payment Account that it is entitled to withdraw pursuant pay such funds to Sections 3.02(b) and 5.01the appropriate Person;
(v) to withdraw funds necessary for the conservation and disposition of REO Property pursuant to Section 3.06 to the extent deposited in not advanced by the Collection Account, to pay to itself as additional servicing compensation any Foreclosure ProfitsServicer;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, reimburse the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determinedfor Nonrecoverable Advances;
(vii) to withdraw any other amount deposited pay to the Seller collections received in respect of accrued interest on the Collection Account that was not required to be deposited therein pursuant to Section 3.02Mortgage Loans due before December 1, 1998;
(viii) to pay to the Seller Servicer or the amountTrustee the portion of any Purchase Price in respect of clause (iv) of the definition thereof or of any Substitution Adjustment in respect of clause (b) of the definition thereof to the extent paid in respect of amounts incurred by or imposed on the Servicer or the Trustee, if any, deposited in as the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loanscase may be; and
(ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) clear and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from terminate the Collection Account pursuant to such clauses. Notwithstanding any other provision upon the termination of this Servicing Agreement, the Servicer shall be entitled Agreement and to reimburse itself for pay any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant amounts remaining therein to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationapplicable Class R Certificate holders.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Delta Funding Corp /De/)
Withdrawals from the Collection Account. (a) The HELOC Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the HELOC Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in remit to the Distribution AccountSecurities Administrator, on by the Business Day prior to each Payment HELOC Servicer Remittance Date, an amount equal to the Security Collections all amounts required to be distributed deposited in the Collection Account as of the close of business on such Payment the related Determination Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this HELOC Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related HELOC Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loanrelated Recoveries;
(iii) to pay to itself out of each payment received on account of interest on a HELOC Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related HELOC Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any HELOC Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the HELOC Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Class VI-A Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to pay to the HELOC Back-Up Servicer the HELOC Back-Up Servicing Fee;
(vi) to reimburse the HELOC Servicer or any Subservicer from Insurance Proceeds, Liquidation Proceeds or Recoveries relating to a particular HELOC Mortgage Loan for amounts expended by the HELOC Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such HELOC Mortgage Loan;
(vii) to pay the HELOC Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the HELOC Servicer of an amount equal to the HELOC Servicing Fee), as appropriate, from Liquidation Proceeds, Insurance Proceeds or Recoveries received in connection with the liquidation of any HELOC Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such HELOC Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds, Insurance Proceeds and Recoveries with respect to such HELOC Mortgage Loan, after any reimbursement to the HELOC Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such HELOC Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the HELOC Servicing Fee Rate to but not including the date of payment (in any event, the aggregate amount of servicing compensation received by a Subservicer and the HELOC Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable HELOC Servicing Fee);
(viii) to reimburse the HELOC Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not otherwise reimbursed pursuant to this Subsection 3.07(a);
(ix) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiix) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to be recovered as a voidable preference by a trustee in bankruptcy pursuant to the Seller the amountBankruptcy Code in accordance with a final, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; andnonappealable order of a court having competent jurisdiction;
(ixxi) after to reimburse the occurrence of an Amortization Event, HELOC Servicer for costs incurred by it associated with the environmental report specified in Section 3.13(e);
(xii) to pay to the Seller, on behalf of the Excluded AmountDepositor, to the extent that principal collections exceed Draws, the outstanding principal balance of each Additional Balance purchased by the Depositor from the Seller pursuant to the Mortgage Loan Purchase Agreement; and
(xiii) to clear and terminate the Collection Account following a termination of the Trust pursuant to Section 8.01 of the Trust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (vi) and (vii), the HELOC Servicer's entitlement thereto is limited to collections or other recoveries on the related HELOC Mortgage Loan, and the HELOC Servicer shall keep and maintain separate accounting, on a HELOC Mortgage Loan by HELOC Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this HELOC Servicing Agreement, the HELOC Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this HELOC Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related HELOC Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the HELOC Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which such Subservicers are entitled hereunder as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Servicing Advances made by such Subservicers.
(c) The HELOC Servicer shall pay to the Repurchase Price has been paid), by withdrawal Securities Administrator interest on any payments to the Securities Administrator Collection Account which were due on a HELOC Servicer Remittance Date but were made after the related HELOC Servicer Remittance Date at a rate equal to the federal funds rate from the Collection Account of amounts on deposit therein attributable date due to the Mortgage Loans on date paid, both inclusive. This interest shall be solely an obligation of the HELOC Servicer and shall not be recoverable by the Securities Administrator from the Trust or from any Business Day prior to the Payment Date succeeding the date of such determinationother source.
Appears in 1 contract
Sources: Heloc Servicing Agreement (American Home Mortgage Investment Trust 2005-2)
Withdrawals from the Collection Account. The Servicer shallAdministrator shall instruct the Indenture Trustee in writing (based, from time in the case of clauses (iv) and (v) below, on the information contained in the servicer's report delivered with respect to time as provided herein, the applicable Determination Date pursuant to Section 3.07 of the Servicing Agreement) to make withdrawals from amounts deposited in the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to at the Mortgage Loans following times and for the following purposes, and the Indenture Trustee shall comply with such instructions:
(i) from time to time during the Revolving Period, insofar as the Administrator may so instruct on any Business Day therein, to deposit into the Collateral Reinvestment Account all collections in respect of principal of the Financed Student Loans; provided that if the Collateral Reinvestment Account Trigger is triggered with respect to any Monthly Collection Period, the Administrator may only instruct the Indenture Trustee to deposit amounts in the Collateral Reinvestment Account in excess of the amount necessary to pay the Noteholders' Interest Distribution Amount for the next Quarterly Payment Date provided, further, that such amounts shall remain on deposit in the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on Collection Account until such next succeeding Quarterly Payment Date;
(ii) from time to time during each Collection Period to pay the Department any Consolidation Fees due and payable to the Department, to the extent deposited to such Consolidation Fees are not being deducted by the Collection AccountDepartment out of Special Allowance Payments or Interest Subsidy Payments;
(A) on each Add-on Consolidation Loan Funding Date after the Revolving Period, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred prepay in maintaining individual insurance policies full any Add-on Consolidation Loan pursuant to Section 3.046.07 of the Trust Agreement; PROVIDED, or Liquidation ExpensesHOWEVER, that the amount paid to prepay any Add-on Consolidation Loan on any date since the preceding Quarterly Payment Date shall not exceed the Net Principal Cash Flow Amount for such date minus the aggregate Purchase Collateral Balance remitted for the purchase of Serial Loans on each Transfer Date since the preceding Quarterly Payment Date after the Revolving Period pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.092(d)(iii)(B), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(vii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02;
(viii) to pay to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and
(ixB) on each Transfer Date after the occurrence of an Amortization Event, Revolving Period to pay to the Seller, pursuant to Section 2.02 of the Excluded Amount. SinceLoan Sale Agreement, the aggregate Purchase Collateral Balance for Serial Loans purchased by the Eligible Lender Trustee on behalf of the Issuer on such date (but only to the extent such aggregate Purchase Collateral Balance has not been satisfied by the exchange of Serial Loans for Exchanged Student Loans); PROVIDED that the amount paid to the Seller for the purchase of Serial Loans on such Transfer Date plus the amount of funds remitted for the purchase of Serial Loans on each Transfer Date since the preceding Quarterly Payment Date on any Transfer Date after the Revolving Period shall not exceed the Net Principal Cash Flow Amount for such Transfer Date minus the sum of (i) all amounts paid since the last Quarterly Payment Date pursuant to Section 2(d)(iii)(A) to prepay any Add-on Consolidation Loan not held by the Issuer and (ii) all amounts which the Administrator reasonably estimates will be required to prepay Add-on Consolidation Loans pursuant to Section 2(d)(iii)(A) during the remainder of the Collection Period; and PROVIDED, FURTHER, that any Purchase Premium Amounts for Serial Loans purchased after the Revolving Period shall be paid only out of Reserve Account Excess as set forth in Section 2(e)(ii);
(iv) on each Monthly Payment Date that is not a Quarterly Payment Date, to make the following deposits and distributions to the Persons specified below by 11:00 a.m. (New York time), to the extent of Monthly Available Funds for such Monthly Payment Date in the Collection Account, in connection the following order of priority:
(A) to the Servicer, the Servicing Fee with withdrawals respect to the preceding calendar month and all unpaid Servicing Fees from prior months; and
(B) to the Administrator, from the amount of the Monthly Available Funds remaining after the application of clause (A), the Administration Fee with respect to the preceding calendar month and all unpaid Administration Fees from prior months;
(v) on each Quarterly Payment Date, to make the following deposits and distributions to the Persons or the account specified below by 11:00 a.m. (New York time), to the extent of Available Funds for such Quarterly Payment Date in the Collection Account, in the following order of priority:
(A) to the Servicer, the Servicing Fee with respect to the preceding calendar month and all unpaid Servicing Fees from prior months;
(B) to the Administrator, from the amount of the Available Funds remaining after the application of clause (A), the Administration Fee with respect to the preceding calendar month and all unpaid Administration Fees from prior months;
(C) to the Indenture Trustee for distribution pursuant to Section 8.02(c) of the Indenture, in the following order of priority, from the amount of the Available Funds remaining after the application of clauses (iii), (iv), (viA) and (viiB): (i) the Class A-1 Noteholders' Interest Distribution Amount, the Class A-2 Noteholders' Interest Distribution Amount, the Trust Swap Payment Amounts, if any, and the remainder of any Termination Payment to the extent that the remainder of such Termination Payment is owed to any Swap Counterparties following a Redemption Event (as defined in any related Swap Agreement) or the Trust is the defaulting party (other than an Event of Default specified in Section 5(a)(i) of any Swap Agreements), the Servicer's entitlement thereto is limited to collections or other recoveries PRO RATA, based on the related Mortgage Loanratio of each such amount to the total of such amounts; (ii) the Subordinate Noteholders' Interest Distribution Amount; (iii) if the Revolving Period has terminated, the Servicer shall keep Senior Noteholders' Principal Distribution Amount; and maintain separate accounting(iv) if the Revolving Period has terminated, on a Mortgage Loan by Mortgage Loan basisthe Subordinate Noteholders' Principal Distribution Amount, for each with respect to such Quarterly Payment Date; and
(D) to the purpose Reserve Account, the amount of justifying any withdrawal Available Funds remaining after the application of clauses (A) through (C). Except in the case of amounts deposited into the Reserve Account pursuant to clause (d)(v)(D) of this Section 2, amounts properly calculated, reported and withdrawn from the Collection Account and properly distributed pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, Section 2(d) in accordance with the Servicer terms hereof shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant deemed released from the Trust Estate and the security interest therein granted to the terms of this Servicing Agreement that Indenture Trustee, and the Servicer determines Persons to whom such amounts are distributed shall in no event be otherwise nonrecoverable (except with respect required to refund any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationdistributed amounts.
Appears in 1 contract
Sources: Administration Agreement (Asset Backed Securities Corp)
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee);
(viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a);
(x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee, the Owner Trustee Fee and any amounts payable or reimbursable to the Indenture Trustee therefrom and the Net Derivative Fee;
(xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiixii) to pay the PMI Insurer the premium with respect to the Seller PMI Insurer Policy;
(xiii) to pay the amount, if any, deposited Bond Insurer the Premium Amount;
(xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and
(ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 1 contract
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee);
(viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a);
(x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee and any amounts payable or reimbursable to the Indenture Trustee therefrom and the Net Derivative Fee;
(xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiixii) to pay the PMI Insurer the premium with respect to the Seller PMI Insurer Policy;
(xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee;
(xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and
(ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 1 contract
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee);
(viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a);
(x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee and the Derivative Contract Payment Amount;
(xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiixii) to pay Radian the premium with respect to the Seller Radian Lender-Paid PMI Policy;
(xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee and the Bond Insurer the Premium Amount;
(xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and
(ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any portion to which such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by such Subservicers.
(c) Unless otherwise designated in writing by the President or a Managing Director of the Bond Insurer to the Master Servicer, the Premium Amount to be otherwise nonrecoverable (except with respect paid pursuant to any Mortgage Loan as to which Section 3.05 of the Repurchase Price has been paid), Indenture shall be paid by withdrawal from the Collection Account of amounts on deposit therein attributable Master Servicer to the Mortgage Loans on any Business Day prior to Bond Insurer by wire transfer with the Payment Date succeeding following details specifically stated in the date of such determination.wire transfer: Bank: Citibank, N.A. ABA Number: 021-000089 For the account of: Ambac Assurance Corporation Account Number: 40609486 Re: Impac Series 2004-6, Policy No. AB0774BE 15 Attention: Pamela Dottin (212) 208-3308
Appears in 1 contract
Sources: Servicing Agreement (IMPAC CMB Trust SERIES 2004-6)
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee);
(viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a);
(x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee and the Net Derivative Fee;
(xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiixii) to pay Radian the premium with respect to the Seller Radian Lender-Paid PMI Policy;
(xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee and the Bond Insurer the Premium Amount;
(xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and
(ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 1 contract
Sources: Servicing Agreement (IMPAC CMB Trust Series 2004-10)
Withdrawals from the Collection Account. The Servicer shallAdministrator shall instruct the Indenture Trustee (based, from time in the case of clauses (iv) and (v) below, on the information contained in the servicer's report delivered with respect to time as provided herein, the applicable Determination Date pursuant to Section 3.07 of the Servicing Agreement) to make withdrawals from amounts deposited in the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to at the Mortgage Loans following times and for the following purposes, and the Indenture Trustee shall comply with such instructions:
(i) from time to time during the Revolving Period, insofar as the Administrator may so instruct on any Business Day therein, to deposit into the Collateral Reinvestment Account all collections in respect of principal of the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment DateFinanced Student Loans;
(ii) from time to time during each Collection Period to pay the Department any Consolidation Fees due and payable to the Department, to the extent deposited to such Consolidation Fees are not being deducted by the Collection AccountDepartment out of Special Allowance Payments or Interest Subsidy Payments;
((A)) on each Add-on Consolidation Loan Funding Date after the Revolving Period, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred prepay in maintaining individual insurance policies full any Add- on Consolidation Loan pursuant to Section 3.046.07 of the Trust Agreement; provided, or Liquidation Expenseshowever, that the amount paid to prepay any Add-on Consolidation Loan on any date since the preceding Quarterly Payment Date shall not exceed the Net Principal Cash Flow Amount for such date minus the aggregate Purchase Collateral Balance remitted for the purchase of Serial Loans on each Transfer Date since the preceding Quarterly Payment Date after the Revolving Period pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.092(d)(iii)(B), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(vii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02;
(viii) to pay to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and
(ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determination.
Appears in 1 contract
Sources: Administration Agreement (Usa Group Secondary Market Services Inc)
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the Business Day prior to each Payment Master Servicer Remittance Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any Monthly Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Monthly Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(vii) to pay the Master Servicer or any Subservicer (payment to any subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Master Servicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Master Servicing Fee Rate to but not including the date of payment (in any event, the aggregate amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Master Servicing Fee);
(viii) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not otherwise reimbursed pursuant to this Subsection 3.07(a);
(ix) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiix) to pay to reimburse the Seller Master Servicer for costs incurred by it associated with the amount, if any, deposited environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and
(ixxi) after to clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi) and (vii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled hereunder as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Monthly Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable such Subservicers.
(c) The Master Servicer shall pay to the Mortgage Loans Indenture Trustee interest on any Business Day prior payments to the Payment Account which were due on a Master Servicer Remittance Date succeeding but were made after the related Master Servicer Remittance Date at a rate equal to the federal funds rate from the date due to the date paid, both inclusive. This interest shall be solely an obligation of such determinationthe Master Servicer and shall not be recoverable by the Indenture Trustee from the Trust or from any other source.
Appears in 1 contract
Sources: Servicing Agreement (American Home Mortgage Investment Trust 2004-3)
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee);
(viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a);
(x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee and the Derivative Contract Payment Amount;
(xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiixii) to pay the PMI Insurer the premium with respect to the Seller PMI Insurer Policy;
(xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee;
(xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and
(ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 1 contract
Sources: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2005-1)
Withdrawals from the Collection Account. The Servicer shall, from time Indenture Trustee shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(i) to deposit in the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to deposit the portion of the Available Funds then in the Collection Account to the Security Collections required to be distributed on such Payment DateDistribution Account;
(ii) to reimburse the extent deposited Servicer for any accrued and unpaid Servicing Fees and for unreimbursed Monthly Advances and Servicing Advances. The Servicer's right to reimbursement for such unpaid Servicing Fees and unreimbursed Servicing Advances shall be limited to late collections on the related Mortgage Loan, including Liquidation Proceeds, Insurance Proceeds and such other amounts as may be collected by the Servicer from the related Mortgagor or otherwise relating to the Collection Account, Mortgage Loan in respect of which such reimbursed amounts are owed. The Servicer's right to reimburse itself or reimbursement for unreimbursed Monthly Advances shall be limited to late collections of interest on the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant Mortgage Loan and to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such and Insurance Proceeds on related Mortgage LoanLoans;
(iii) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to itself out of each payment received on account of interest on be recovered as a Mortgage Loan as contemplated voidable preference by Section 3.09, an amount equal a trustee in bankruptcy pursuant to the related Servicing Fee (to the extent not retained pursuant to Section 3.02)United States Bankruptcy Code in accordance with a final, and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicernonappealable order of a court having competent jurisdiction;
(iv) subject to the extent deposited Section 5.06 hereof, to make investments in the Collection Account Eligible Investments and to pay to itself as additional servicing compensation any the Servicer interest earned in respect of Eligible Investments or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(vii) to withdraw any other amount funds deposited in the Collection Account that was were not required to be deposited therein or were deposited therein in error and to pay such funds to the appropriate Person; 39 44 (vi) to pay the Servicer the servicing compensation for the related Due Period that it is entitled to receive pursuant to Section 3.02;
(viii) to pay 3.09 herein to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and
(ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections extent not retained or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred paid pursuant to Section 3.07 3.02(b) or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determination.Section 3.02(d) hereof;
Appears in 1 contract
Sources: Sale and Servicing Agreement (Fleet Home Equity Loan Corp)
Withdrawals from the Collection Account. The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage __________ Loans for the following purposes:
(i) to deposit in the Distribution Payment Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment Date;
(ii) prior to either an Amortization Event or the Collection Period preceding the Accelerated Amortization Date, to pay to the Seller, the amount of any Additional Balances as and when created during the related Collection Period, provided, that the aggregate amount so paid to the Seller in respect of Additional Balances at any time during any Collection Period shall not exceed the amount of Principal Collections theretofore received for such Collection Period;]
(iii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 3.06 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.093.08), such withdrawal right being limited to amounts received on particular Mortgage __________ Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage __________ Loan;]
(iiiiv) to pay to itself out of each payment received on account of interest on a Mortgage __________ Loan as contemplated by Section 3.093.08, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(ivv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;]
(vvi) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vivii) to pay to itself or the Seller, with respect to any Mortgage __________ Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Holders as of the date on which the related Purchase Price or Repurchase Price is determined;]
(viiviii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02;]
(viiiix) to pay to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and
(ixx) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determination.]
Appears in 1 contract
Sources: Servicing Agreement (Beneficial Mortgage Services Inc)
Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the fourth Business Day prior to each Payment Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer's own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan;
(vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a);
(viii) to pay the Owner Trustee the Owner Trustee Fee;
(ix) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiix) to reimburse the Servicer for costs associated with the environmental report specified in Section 3.13(c);
(xi) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08;
(xii) to pay to the Seller the amount, if any, deposited Servicer income earned on Eligible Investments in the Collection Account Account;
(xiii) to make regular scheduled payments (but not termination payments) due to the First and Second CAP Provider under the First and Second CAP Agreements in accordance with the terms thereof;
(xiv) to deposit in the Payment Account, by the Indenture Trustee upon release thereof fourth Business Day prior to each Payment Date, all payments received from the Funding Account representing payments for Additional LoansCAP Providers under the CAP Agreements or from ML&Co pursuant to the ML&Co Guaranty; and
(ixxv) after the occurrence of an Amortization Event, to pay to the Seller, PMI Insurer the Excluded Amountmonthly PMI Premium due under each PMI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; Withdrawals made pursuant to clause (xv) shall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. The Servicer shall not use any payments received under the CAP Agreements or the ML&Co Guaranty and deposited in the Collection Account to make any of the foregoing payments, other than pursuant to clause (xiv) above.
(b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 1 contract
Sources: Servicing Agreement (Novastar Mortgage Funding Corp)
Withdrawals from the Collection Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(i) to deposit in the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(vii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02;
(viii) to pay to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and
(ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. .
(x) Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determination.
Appears in 1 contract
Sources: Servicing Agreement (Opteum Mortgage Acceptance CORP)
Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the Business Day Servicer Remittance Date prior to each Payment Distribution Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such Payment a Distribution Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Certificateholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer's own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan;
(vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a);
(viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiiix) to reimburse the Servicer for costs associated with the environmental report specified in Section 3.13(c);
(x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08;
(xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account;
(xii) to pay to the MI Insurer the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and
(xiii) to make an Advance with respect to a delinquent Mortgage Loan from funds held in the Collection Account as contemplated by Section 3.24, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and
Payment Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. .
(b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Novastar Mortgage Funding Trust Series 2002-1)
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), 3.06) and to pay to any Subservicer any Subservicing Fees subservicing fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan;
(vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Servicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (x) of this Subsection 3.07(a) as servicing compensation on account of each defaulted scheduled payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted scheduled payment shall not exceed the applicable Servicing Fee);
(viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a);
(x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee;
(xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiixii) to pay CMAC the premium with respect to the Seller CMAC PMI Policy;
(xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee and the Bond Insurer the Premium Amount;
(xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(c); and
(ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 1 contract
Sources: Servicing Agreement (Imh Assets Corp Collateralized Asset-Backed BDS Ser 1999-2)
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Servi cing Agreement, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees subservicing fees not previously withheld by the SubservicerSubservicer and to pay CMAC any amounts owed under the CMAC PMI Policy;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan;
(vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Servicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (x) of this Subsection 3.07(a) as servicing compensation on account of each defaulted scheduled payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted scheduled payment shall not exceed the applicable Servicing Fee);
(viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a);
(x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Owner Trustee Fee and the Indenture Trustee Fee;
(xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiixii) to pay to reimburse the Seller Master Servicer for costs associated with the amount, if any, deposited environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(c); and
(ixxiii) after clear and terminate the occurrence of an Amortization Event, Collection Account pursuant to pay to the Seller, the Excluded AmountSection 7.08. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Servi cing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 1 contract
Sources: Servicing Agreement (Impac CMB Trust Series 1998-2)
Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the Business Day Servicer Remittance Date prior to each Payment Distribution Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such Payment a Distribution Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Certificateholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Servicer or any Subservicer for any unreimbursed Servicing Advance of its own funds or any unreimbursed advance of such Subservicer's own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan;
(vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a);
(viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiiix) to reimburse the Servicer for costs associated with the environmental report specified in Section 3.13(c);
(x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08;
(xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account;
(xii) to pay to the MI Insurer the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and
(xiii) to make an Advance with respect to a delinquent Mortgage Loan from funds held in the Collection Account as contemplated by Section 3.24, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and
Payment Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), and (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. .
(b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Novastar Mortgage Funding Trust Series 2001-1)
Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 5.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the Business Day Servicer Remittance Date prior to each Payment Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining Servicing Advances paid to maintain individual insurance policies pursuant to Section 3.045.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)5.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances expenses were madepaid, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.095.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.025.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Sponsor or the Seller, as applicable, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased by the Sponsor or otherwise transferred to the Seller, as applicable, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance or Servicing Advance of its own funds or any unreimbursed advance of such Subservicer’s own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance, Servicing Advance or advance was made;
(vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for Servicing Advances expended by the Servicer or such Subservicer pursuant to Section 5.13: (x) in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the uninsured cause, (y) in connection with the liquidation of such Mortgage Loan, or (z) with respect to an MI Claim Payment Advance made by the Servicer with respect to such Mortgage Loan; provided, however, that reimbursements pursuant to clause (z) may only be made from MI Insurance Proceeds actually paid by the MI Insurer under the MI Policy related to such Mortgage Loan;
(vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance or Servicing Advance previously made, and to reimburse any successor Servicer for any Servicing Transfer Costs, including any legal fees or expenses relating to any such transfer, in each case not paid by the transferring Servicer, in each case otherwise not reimbursed pursuant to this Section 5.07(a);
(viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.025.06;
(viiiix) to reimburse the Servicer for costs associated with the environmental report handling the presence of any toxic or hazardous substance on a Mortgaged Property as set forth in Section 5.13(c);
(x) to clear and terminate the Collection Account upon a termination pursuant to Section 9.01;
(xi) to pay to the Seller the amount, if any, deposited Servicer income earned on Eligible Investments in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; andAccount;
(ixxii) after the occurrence of an Amortization Event, to pay to the Seller, MI Insurer the Excluded Amount. Since, in connection with withdrawals pursuant to clauses monthly MI Premiums due under each MI Policy from payments received (iii), (iv), (vior Advances made) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on account of interest due on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on ; and
(xiii) to make an Advance with respect to a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal that is Delinquent from funds held in the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreementas contemplated by Section 5.25, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement provided that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to amount withdrawn for such an Advance is immediately deposited into the Payment Date succeeding the date of such determinationAccount.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Novastar Mortgage Funding Corp)
Withdrawals from the Collection Account. (a) The Servicer HELOC Subservicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the HELOC Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in remit to the Distribution AccountSecurities Administrator, on by the Business Day prior to each Payment HELOC Subservicer Remittance Date, an amount equal to the Security Collections all amounts required to be distributed deposited in the Collection Account as of the close of business on such Payment the related Determination Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer HELOC subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)HELOC Subservicing Agreement, such withdrawal right being limited to amounts received on particular the related HELOC Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loanrelated Recoveries;
(iii) to pay to itself out of each payment received on account of interest on a HELOC Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing HELOC Subservicer Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01[reserved];
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits[reserved];
(vi) to reimburse the HELOC Subservicer or any HELOC subservicer from Insurance Proceeds, Liquidation Proceeds or Recoveries relating to a particular HELOC Mortgage Loan for amounts expended by the HELOC Subservicer or such HELOC subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such HELOC Mortgage Loan;
(vii) to pay the HELOC Subservicer or any HELOC subservicer (payment to itself any HELOC subservicer to be subject to prior payment to the HELOC Subservicer of an amount equal to the HELOC Subservicing Fee), as appropriate, from Liquidation Proceeds, Insurance Proceeds or Recoveries received in connection with the Sellerliquidation of any HELOC Mortgage Loan, the amount which it or such HELOC subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such HELOC Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds, Insurance Proceeds and Recoveries with respect to such HELOC Mortgage Loan, after any reimbursement to the HELOC Subservicer or any HELOC subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such HELOC Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the HELOC Servicing Fee Rate to but not including the date of payment (in any event, the aggregate amount of servicing compensation received by a HELOC subservicer and the HELOC Subservicer with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to defaulted Monthly Payment shall not exceed the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determinedapplicable HELOC Subservicing Fee);
(viiviii) to reimburse the HELOC Subservicer or any HELOC subservicer for any Nonrecoverable Advance previously made, and not otherwise reimbursed pursuant to this Subsection 3.07(a);
(ix) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiix) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to be recovered as a voidable preference by a trustee in bankruptcy pursuant to the Seller the amountBankruptcy Code in accordance with a final, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; andnonappealable order of a court having competent jurisdiction;
(ixxi) after to reimburse the occurrence of an Amortization Event, HELOC Subservicer for costs incurred by it associated with the environmental report specified in Section 3.13(e);
(xii) to pay to the Seller, on behalf of the Excluded AmountDepositor, to the extent that principal collections exceed Draws, the outstanding principal balance of each Additional Balance purchased by the Depositor from the Seller pursuant to the Mortgage Loan Purchase Agreement; and
(xiii) to clear and terminate the Collection Account following a termination of the Trust pursuant to Section 8.01 of the Trust Agreement. Since, in In connection with withdrawals pursuant to clauses (iiiii), (iviii), (vi) and (vii), the Servicer's HELOC Subservicer’s entitlement thereto is limited to collections or other recoveries on the related HELOC Mortgage Loan, and the Servicer HELOC Subservicer shall keep and maintain separate accounting, on a HELOC Mortgage Loan by HELOC Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing HELOC Subservicing Agreement, the Servicer HELOC Subservicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that HELOC Subservicing Agreement, but only to the Servicer determines extent of collections or other recoveries on the related HELOC Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the HELOC Subservicer may, but is not required to, allow the HELOC subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a HELOC subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which such Subservicers are entitled hereunder as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Servicing Advances made by such HELOC subservicers.
(c) The HELOC Subservicer shall pay to the Repurchase Price has been paid), by withdrawal Securities Administrator interest on any payments to the Securities Administrator Collection Account which were due on a HELOC Subservicer Remittance Date but were made after the related HELOC Subservicer Remittance Date at a rate equal to the federal funds rate from the Collection Account of amounts on deposit therein attributable date due to the Mortgage Loans on date paid, both inclusive. This interest shall be solely an obligation of the HELOC Subservicer and shall not be recoverable by the Securities Administrator from the Trust or from any Business Day prior to the Payment Date succeeding the date of such determinationother source.
Appears in 1 contract
Sources: Heloc Subservicing Agreement (American Home Mortgage Investment Trust 2005-4)
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees subservicing fees not previously withheld by the SubservicerSubservicer and to pay CMAC any amounts owed under the CMAC PMI Policy;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan;
(vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Servicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (x) of this Subsection 3.07(a) as servicing compensation on account of each defaulted scheduled payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted scheduled payment shall not exceed the applicable Servicing Fee);
(viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a);
(x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Owner Trustee Fee and the Indenture Trustee Fee;
(xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiixii) to pay to reimburse the Seller Master Servicer for costs associated with the amount, if any, deposited environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(c); and
(ixxiii) after clear and terminate the occurrence of an Amortization Event, Collection Account pursuant to pay to the Seller, the Excluded AmountSection 7.08. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Servi cing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 1 contract
Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Account, on by the Business Day Servicer Remittance Date prior to each Payment Distribution Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Distribution Account on such Payment a Distribution Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances expenses were madepaid, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Certificateholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer’s own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property or in connection with the liquidation of such Mortgage Loan;
(vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Section 3.07(a);
(viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiiix) to reimburse the Servicer for costs associated with the environmental report handling the presence of any toxic or hazardous substance on a Mortgaged Property as set forth in Section 3.13(c);
(x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08;
(xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account;
(xii) to pay to the MI Insurer the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and
(xiii) to make an Advance with respect to a delinquent Mortgage Loan from funds held in the Collection Account as contemplated by Section 3.24, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and
Distribution Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's ’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. .
(b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (NovaStar Mortgage Funding Trust, Series 2005-1)
Withdrawals from the Collection Account. The Servicer shall, from time shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the stated purposes in the following purposesorder of priority:
(i) to deposit in reimburse the Distribution AccountServicer for any accrued and unpaid Servicing Fees and, on with respect to Residential Lot Loans, to reimburse the Business Day prior to each Payment Date, an amount equal Servicer for (a) any unreimbursed Advances to the Security extent of amounts received which represent Late Collections required (net of the related Servicing Fees) of Monthly Payments, Liquidation Proceeds and Insurance Proceeds on Residential Lot Loans with respect to be distributed on which such Payment DateAdvances were made in accordance with the provisions of Section 3.19(b) or (b) any unreimbursed Advances with respect to the final liquidation of a Residential Lot Loan that are Nonrecoverable Advances, but only to the extent that Late Collections, Liquidation Proceeds, Subsequent Recoveries and Insurance Proceeds received with respect to such Residential Lot Loan are insufficient to reimburse the Servicer for such unreimbursed Advances;
(ii) on each Servicer Remittance Date, to transfer the following amounts to the extent deposited to Indenture Trustee for deposit in the Payment Account:
(A) the portion of the Interest Collections and Principal Collections for the related Due Period then in the Collection Account;
(B) any Advances, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies as required pursuant to Section 3.04, or Liquidation Expenses, paid 3.19;
(C) any amounts required to be deposited pursuant to Section 3.07 or otherwise reimbursable pursuant in connection with any REO Property;
(D) any amounts to the terms be paid in connection with a purchase of this Servicing Agreement (to the extent not payable Mortgage Loans and REO Properties pursuant to Section 3.09), such withdrawal right being limited 10.01;
(E) any Compensating Interest to amounts received on particular Mortgage Loans (other than be deposited pursuant to Section 3.20 in connection with any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanPrepayment Interest Shortfall;
(iii) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to itself out of each payment received on account of interest on be recovered as a Mortgage Loan as contemplated voidable preference by Section 3.09, an amount equal a trustee in bankruptcy pursuant to the related Servicing Fee (to the extent not retained pursuant to Section 3.02)United States Bankruptcy Code in accordance with a final, and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicernonappealable order of a court having competent jurisdiction;
(iv) to make investments in accordance with Section 5.08 and to pay to the extent Servicer interest earned in respect of such investments or on funds deposited in the Collection Account Account;
(v) to pay to itself the Servicer as additional servicing compensation (in addition to the Servicing Fee) on the Servicer Remittance Date any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or withdraw any funds deposited in the Seller, with respect to any Mortgage Loan or property acquired in respect thereof Collection Account that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and were not required to be distributed deposited therein or were deposited therein in error and to Securityholders as of pay such funds to the date on which the related Purchase Price or Repurchase Price is determinedappropriate Person;
(vii) to withdraw any other amount deposited in pay the Collection Account Servicer the servicing compensation for the related Due Period that was not required it is entitled to be deposited therein receive pursuant to Section 3.023.09 herein to the extent not retained or distributed pursuant to Section 3.02(b) hereof;
(viii) to reimburse the Servicer for any Advance or Servicing Advance previously made which the Servicer has determined to be a Nonrecoverable Advance;
(ix) to pay itself any Prepayment Interest Excess;
(x) to withdraw funds necessary for the conservation and disposition of REO Property pursuant to Section 3.07 to the Seller the amount, if any, deposited in the Collection Account extent not advanced by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansServicer; and
(ixxi) after to clear and terminate the occurrence Collection Account upon the termination of an Amortization Event, this Agreement and to pay any amounts remaining therein to the Seller, the Excluded AmountTransferor. Since, in connection with withdrawals pursuant Prior to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying making any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreementsubclause (vii), the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant have delivered to the terms Indenture Trustee and the Insurer a certificate of this a Servicing Agreement that Officer indicating the amount of any previous Advance or Servicing Advance determined by the Servicer determines to be otherwise nonrecoverable (except with respect to any a Nonrecoverable Advance and identifying the related Mortgage Loan as to which the Repurchase Price has been paidLoans(s), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date and their respective portions of such determinationNonrecoverable Advance.
Appears in 1 contract
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan;
(vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Master Servicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (x) of this Subsection 3.07(a) as servicing compensation on account of each defaulted scheduled payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted scheduled payment shall not exceed the applicable Servicing Fee);
(viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a);
(x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Owner Trustee Fee and the Indenture Trustee Fee;
(xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiixii) to pay to reimburse the Seller Master Servicer for costs associated with the amount, if any, deposited environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(c); and
(ixxiii) after clear and terminate the occurrence of an Amortization Event, Collection Account pursuant to pay to the Seller, the Excluded AmountSection 7.08. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 1 contract
Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the fourth Business Day prior to each Payment Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), 3.06) and to pay the Back-up Servicer an amount equal to any Subservicer any Subservicing Fees not previously withheld by the SubservicerBack-up Servicing Fee;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer's own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan;
(vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a);
(viii) to pay the Owner Trustee the Owner Trustee Fee;
(ix) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiix) to reimburse the Servicer for costs associated with the environmental report specified in Section 3.13(c);
(xi) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08;
(xii) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account;
(xiii) to pay to the MI Insurer the monthly MI Premium due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and
(xiv) to make an Advance with respect to a delinquent Mortgage Loan from funds held in the Collection Account as contemplated by Section 4.02, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and
Payment Account. Withdrawals made pursuant to clause (ixxiii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. .
(b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 1 contract
Sources: Servicing Agreement (Residential Asset Funding Corp)
Withdrawals from the Collection Account. The Servicer shall, from time to time as provided hereintime, make withdrawals from the Collection Account for any of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposespurposes without priority or as described in Section 4.03:
(i) to remit to the Trust Administrator for deposit in the Distribution Account, on Account the Business Day prior to each Payment Date, an amount equal to the Security Collections amounts required to be distributed on such Payment Dateso remitted pursuant to Section 3.10(b) or permitted to be so remitted pursuant to the first sentence of Section 3.10(d);
(ii) subject to Section 3.16(d), to reimburse the Servicer for Advances, but only to the extent deposited to the Collection Account, to reimburse itself or of amounts received which represent Late Collections (net of the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms Servicing Fees) of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received Monthly Payments on particular Mortgage Loans (other than any Repurchase Price in with respect thereof) which represent late recoveries of the payments for to which such advances Advances were made, or from related Liquidation Proceeds or made in accordance with the proceeds provisions of the purchase of such Mortgage LoanSection 4.03;
(iii) subject to Section 3.16(d), to pay the Servicer or any Sub-Servicer (A) any unpaid Servicing Fees, (B) any unreimbursed Servicing Advances with respect to itself out each Mortgage Loan, but only to the extent of each payment any Liquidation Proceeds, Insurance Proceeds or other amounts as may be collected by the Servicer from a Mortgagor, or otherwise received on account with respect to such Mortgage Loan and (C) without limiting any right of interest on withdrawal set forth in clause (vi) below, any Servicing Advances made with respect to a Mortgage Loan as contemplated by Section 3.09that, an amount equal to following the related Servicing Fee (final liquidation of a Mortgage Loan are Nonrecoverable Advances, but only to the extent not retained pursuant that Late Collections, Liquidation Proceeds and Insurance Proceeds received with respect to Section 3.02), and such Mortgage Loan are insufficient to pay to reimburse the Servicer or any Subservicer any Subservicing Fees not previously withheld by the SubservicerSub-Servicer for such Servicing Advances;
(iv) to the extent deposited in the Collection Account to pay to itself the Servicer as additional servicing compensation (in addition to the Servicing Fee) on the Servicer Remittance Date any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account;
(v) to the extent deposited in the Collection Account, to pay to itself the Servicer, the Originator or the Seller, as additional servicing compensation any Foreclosure Profitsthe case may be, with respect to each Mortgage Loan that has previously been purchased or replaced pursuant to Section 2.03 or Section 3.16(c) all amounts received thereon subsequent to the date of purchase or substitution, as the case may be;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, reimburse the Servicer for any Advance or other entity, all amounts received thereon and not required Servicing Advance previously made which the Servicer has determined to be distributed to Securityholders as a Nonrecoverable Advance or Nonrecoverable Servicing Advance in accordance with the provisions of the date on which the related Purchase Price or Repurchase Price is determinedSection 4.03;
(vii) to withdraw any other amount deposited in reimburse the Collection Account that was not required Servicer, the Master Servicer or the Depositor for expenses incurred by or reimbursable to be deposited therein the Servicer, the Master Servicer or the Depositor, as the case may be, pursuant to Section 3.026.03;
(viii) to pay reimburse the Servicer, the NIMS Insurer, the Trust Administrator, the Master Servicer or the Trustee, as the case may be, for expenses reasonably incurred in respect of the breach or defect giving rise to the Seller the amount, if any, deposited purchase obligation under Section 2.03 of this Agreement that were included in the Collection Account by Purchase Price of the Indenture Trustee upon release thereof from Mortgage Loan, including any expenses arising out of the Funding Account representing payments enforcement of the purchase obligation;
(ix) to pay itself any Prepayment Interest Excess (to the extent not otherwise retained;
(x) to pay, or to reimburse the Servicer for Additional Loansadvances in respect of expenses incurred in connection with any Mortgage Loan pursuant to Section 3.16(b); and
(ixxi) after to clear and terminate the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals Collection Account pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Section 9.01. The Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account Account, to the extent held by or on behalf of it, pursuant to such clausessubclauses (ii), (iii), (iv), (v), (vi), (viii) and (ix) above. Notwithstanding any other provision of this Servicing Agreement, the The Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant provide written notification to the terms of this Servicing Agreement that Trust Administrator and the NIMS Insurer, on or prior to the next succeeding Servicer determines to be otherwise nonrecoverable (except with respect to Remittance Date, upon making any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal withdrawals from the Collection Account of amounts on deposit therein attributable pursuant to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationsubclause (vii) above.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2006-Fre1)
Withdrawals from the Collection Account. The Servicer shall, from time Account Control Agreement with respect to time as provided herein, make withdrawals from the Collection Account shall provide that (a) on each Remittance Date the Collection Account Bank shall deliver the Available Amount by wire transfer of amounts on immediately available funds for deposit therein into the Payment Account for application by the Indenture Trustee to make payments in accordance with the priorities set forth pursuant to Section 3.02 that are attributable 2.15(b) and (b) on any Business Day other than a Remittance Date the Collection Account Bank shall remit to the Mortgage Loans for Issuer or to the following purposes:
Issuer’s designee the amount requested by the Issuer, provided that (i) to deposit in the Distribution Account, on the Business Day prior to each Payment Date, Issuer shall not request an amount equal which, after giving effect to such remittance, would cause the Security Collections required to be distributed remaining Available Amount on such Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited deposit in the Collection Account to pay be less than the amount required to itself as additional servicing compensation be paid pursuant to Section 2.15(b) (excluding any interest remaining Available Amounts to be paid to the Issuer) on the immediately succeeding Payment Date and (ii) the Issuer shall have executed and delivered to the Collection Account Bank and the Indenture Trustee a certificate stating that (1) a copy of such certificate has simultaneously been delivered to the Indenture Trustee, (2) no Default or investment income earned Event of Default shall have occurred and be continuing at the time of or immediately after giving effect to such payment, and (3) immediately after giving effect to such payment (A) the aggregate outstanding principal amount of Eligible Mortgage Loans plus the aggregate amount on funds deposited deposit in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as deposit account of the date Issuer subject to an Account Control Agreement is equal to not less than 120% of the Outstanding Principal Balance and (B) the remaining Available Amount on which the related Purchase Price or Repurchase Price is determined;
(vii) to withdraw any other amount deposited deposit in the Collection Account that was is not less than the amount required to be deposited therein paid pursuant to Section 3.02;
2.15(b) (viii) excluding any remaining Available Amounts to pay be paid to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and
(ixIssuer) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the immediately succeeding Payment Date succeeding the date of such determinationDate.
Appears in 1 contract
Withdrawals from the Collection Account. The Servicer shallAdministrator shall instruct the Indenture Trustee (based, from time in the case of clauses (iv) and (v) below, on the information contained in the servicer's report delivered with respect to time as provided herein, the applicable Determination Date pursuant to Section 3.07 of the Servicing Agreement) to make withdrawals from amounts deposited in the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to at the Mortgage Loans following times and for the following purposes, and the Indenture Trustee shall comply with such instructions:
(i) from time to time during the Revolving Period, in so far as the Administrator may so instruct on any Business Day therein, to deposit all collections in the Distribution Account, respect of principal on the Business Day prior to each Payment Date, an amount equal to Financed Student Loans into the Security Collections required to be distributed on such Payment DateCollateral Reinvestment Account;
(ii) from time to time during each Collection Period to pay the Department any Consolidation Fees due and payable to the Department, to the extent deposited to such Consolidation Fees are not being deducted by the Collection AccountDepartment out of Special Allowance Payments or Interest Subsidy Payments;
(A) on each Add-on Consolidation Loan Funding Date after the Revolving Period, to reimburse itself or prepay in full any Add-on Consolidation Loan not held by the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies Issuer pursuant to Section 3.04, or Liquidation Expenses, 6.07 of the Trust Agreement; PROVIDED that the amount paid to prepay any Add-on Consolidation Loan not held by the Issuer on any date since the preceding Quarterly Payment Date shall not exceed the Net Principal Cash Flow Amount for such date minus the aggregate Purchase Collateral Balance remitted for the purchase of Serial Loans on each Transfer Date since the preceding Quarterly Payment Date after the Revolving Period pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.092(d)(iii)(B), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(vii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02;
(viii) to pay to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and
(ixB) on each Transfer Date after the occurrence of an Amortization Event, Revolving Period to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), Section 2.02 of the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Sale Agreement, the Servicer shall be entitled to reimburse itself aggregate Purchase Collateral Balance for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant Serial Loans purchased by the Eligible Lender Trustee on behalf of the Issuer on such date (but only to the terms extent such aggregate Purchase Collateral Balance has not been satisfied by the exchange of this Servicing Agreement Serial Loans for Exchanged Student Loans); PROVIDED that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable amount paid to the Mortgage Seller for the purchase of Serial Loans on any Business Day prior to such Transfer Date plus the Payment amount of funds remitted for the purchase of Serial Loans on each Transfer Date succeeding since the date of such determination.preceding
Appears in 1 contract
Sources: Administration Agreement (Usa Group Secondary Market Services Inc)
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections ARM Pool Available Funds and the High LTV Pool Available Funds required to be distributed as provided in the Indenture on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Servi cing Agreement, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), 3.06) and to pay to any Subservicer any Subservicing Fees subservicing fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan;
(vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Servicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (x) of this Subsection 3.07(a) as servicing compensation on account of each defaulted scheduled payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted scheduled payment shall not exceed the applicable Servicing Fee);
(viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a);
(x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee;
(xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiixii) to pay CMAC the premium with respect to the Seller CMAC PMI Policies;
(xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee and the Bond Insurer the Premium Amount;
(xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(c); and
(ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Servi cing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 1 contract
Sources: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 1999-1)
Withdrawals from the Collection Account. The Master Servicer shall, from time shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(i) on the second Business Day preceding each Distribution Date, to withdraw the portion of Available Funds then in the Collection Account and remit such funds to the Trustee for deposit in to the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment Date;
(ii) to reimburse the extent deposited Master Servicer for any accrued unpaid Servicing Compensation which the Master Servicer would not have been required to deposit in the Collection Account, Account and for unreimbursed Monthly Advances and Servicing Advances. The Master Servicer's right to reimburse itself or reimbursement for unpaid Servicing Fees and unreimbursed Servicing Advances shall be limited to late collections on the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Home Equity Loan;,
(iii) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to itself out of each payment received on account of interest on be recovered as a Mortgage Loan as contemplated voidable preference by Section 3.09, an amount equal a trustee in bankruptcy pursuant to the related Servicing Fee (to the extent not retained pursuant to Section 3.02)United States Bankruptcy Code in accordance with a final, and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicernonappealable order of a court having competent jurisdiction;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation withdraw any interest or investment income earned on funds deposited in the Collection Account that were not required to be deposited therein (such as Servicing Compensation) or were deposited therein in error and Payment Account that it is entitled to withdraw pursuant pay such funds to Sections 3.02(b) and 5.01the appropriate Person;
(v) to withdraw funds necessary for the conservation and disposition of REO Property pursuant to Section 3.06 to the extent deposited in not advanced by the Collection Account, to pay to itself as additional servicing compensation any Foreclosure ProfitsMaster Servicer;
(vi) to pay to itself or reimburse the SellerMaster Servicer for Nonrecoverable Advances that are not, with respect to aggregate Servicing Advances on any Mortgage single Home Equity Loan or property acquired REO Property, in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as excess of the date on which the related Purchase Price or Repurchase Price is determinedPrincipal Balance thereof;
(vii) to withdraw any other amount deposited pay to the applicable Originator collections received in respect of accrued interest on the Collection Account that was not required to be deposited therein pursuant to Section 3.02Home Equity Loans due on or before ______________, 199_;
(viii) to pay to the Master Servicer, the Trustee or remit to the Seller the amountportion of any Purchase Price in respect of clause (iv) of the definition thereof or of any Substitution Adjustment in respect of clause (b) of the definition thereof to the extent paid in respect of amounts incurred by or imposed on the Master Servicer, if anythe Seller or the Trustee, deposited in as the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loanscase may be; and
(ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) clear and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from terminate the Collection Account pursuant to such clauses. Notwithstanding any other provision upon the termination of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determination.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Avco Abs Receivables Corp)
Withdrawals from the Collection Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(i) to deposit in the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the SellerSponsor, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the SellerSponsor, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Repur chase Price is determined;
(vii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02;
(viii) to pay to the Seller Sponsor the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and
(ix) after the occurrence of an Amortization Event, to pay to the SellerSponsor, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determination.
Appears in 1 contract
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee);
(viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a);
(x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee and any amounts payable or reimbursable to the Indenture Trustee therefrom and the Derivative Contract Payment Amount;
(xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiixii) to pay Radian the premium with respect to the Seller Radian Lender-Paid PMI Policy;
(xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee and the Bond Insurer the Premium Amount;
(xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and
(ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 1 contract
Sources: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2004-11)
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee);
(viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a) and for any payments made by the Master Servicer pursuant to Section 4.06 of this Agreement;
(x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee and the Derivative Contract Payment Amount;
(xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiixii) to pay Radian the premium with respect to the Seller Radian Lender-Paid PMI Policy;
(xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee;
(xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and
(ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 1 contract
Withdrawals from the Collection Account. The Servicer shall, from time shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(i) to deposit in the Distribution Account, before 11:00 a.m. (New York City time) on the Business Day prior to preceding each Payment Distribution Date, an amount equal to withdraw the portion of Available Funds then in the Collection Account and remit such funds to the Security Collections required Trustee for deposit to be distributed on such Payment Datethe Distribution Account;
(ii) to reimburse the extent deposited Servicer for any accrued unpaid Servicing Compensation which the Servicer would not have been required to deposit in the Collection Account and for unreimbursed Monthly Advances and Servicing Advances. The Servicer's right to reimbursement for unpaid Servicing Fees and unreimbursed Servicing Advances shall be limited to late collections on the related Mortgage Loan, including Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and such other amounts as may be collected by the Servicer from the related Mortgagor or otherwise relating to the Collection Account, Mortgage Loan in respect of which such reimbursed amounts are owed. The Servicer's right to reimburse itself or the related Subservicer reimbursement for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being Monthly Advances shall be limited to amounts received late collections of interest on particular any Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were madeLoan and to Liquidation Proceeds, or from Released Mortgaged Property Proceeds and Insurance Proceeds on related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanLoans;
(iii) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to itself out of each payment received on account of interest on be recovered as a Mortgage Loan as contemplated voidable preference by Section 3.09, an amount equal a trustee in bankruptcy pursuant to the related Servicing Fee (to the extent not retained pursuant to Section 3.02)United States Bankruptcy Code in accordance with a final, and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicernonappealable order of a court having competent jurisdiction;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation withdraw any interest or investment income earned on funds deposited in the Collection Account that were not required to be deposited therein (such as Servicing Compensation) or were deposited therein in error and Payment Account that it is entitled to withdraw pursuant pay such funds to Sections 3.02(b) and 5.01the appropriate Person;
(v) to withdraw funds necessary for the conservation and disposition of REO Property pursuant to Section 3.06 to the extent deposited in not advanced by the Collection Account, to pay to itself as additional servicing compensation any Foreclosure ProfitsServicer;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, reimburse the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determinedfor Nonrecoverable Advances;
(vii) to withdraw any other amount deposited pay to the Seller collections received in respect of accrued interest on the Collection Account that was not required to be deposited therein pursuant to Section 3.02Mortgage Loans due on or before December 1, 1997;
(viii) to pay to the Seller Servicer or the amountTrustee the portion of any Purchase Price in respect of clause (iv) of the definition thereof or of any Substitution Adjustment in respect of clause (b) of the definition thereof to the extent paid in respect of amounts incurred by or imposed on the Servicer or the Trustee, if any, deposited in as the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loanscase may be; and
(ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) clear and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from terminate the Collection Account pursuant to such clauses. Notwithstanding any other provision upon the termination of this Servicing Agreement, the Servicer shall be entitled Agreement and to reimburse itself for pay any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant amounts remaining therein to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationapplicable Class R Certificateholders.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Delta Funding Corp /De/)
Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans 3.06 for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the Business Day Determination Date prior to each Payment Date, an amount equal to the Security Collections required to be distributed on Available Distribution Amount for such Payment Date;
(ii) to pay the extent deposited Indenture Trustee the Indenture Trustee Fee and to pay the Collection Account, to reimburse itself or Owner Trustee the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanOwner Trustee Fee;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest itself, the Seller or investment income earned on funds deposited in the Collection Account and Payment Account that it is other entity entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Sellerthereto, with respect to any Mortgage Loan or property acquired in respect thereof REO Property that has been purchased or otherwise transferred to the Seller, the Servicer or such other entity, all amounts received thereon and not required to be distributed to Securityholders Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Servicer for any Advance or Servicing Advance of its own funds, the right of the Servicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or Servicing Advance was made;
(vi) to reimburse the Servicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to Subsection 3.07(a)(v);
(vii) to pay to itself interest or investment earnings in respect of Eligible Investments or on funds deposited in the Collection Account;
(viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02;
(viii) to pay to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans3.06; and
(ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) clear and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from terminate the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determination7.
Appears in 1 contract
Withdrawals from the Collection Account. (a) The HELOC Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the HELOC Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in remit to the Distribution AccountSecurities Administrator, on by the Business Day prior to each Payment HELOC Servicer Remittance Date, an amount equal to the Security Collections all amounts required to be distributed deposited in the Collection Account as of the close of business on such Payment the related Determination Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related HELOC Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this HELOC Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related HELOC Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loanrelated Recoveries;
(iii) to pay to itself out of each payment received on account of interest on a HELOC Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related HELOC Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the SellerSponsor, with respect to any HELOC Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the SellerSponsor, the HELOC Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Class V-A Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to pay to the HELOC Back-Up Servicer the HELOC Back-Up Servicing Fee;
(vi) to reimburse the HELOC Servicer or any HELOC Subservicer from Insurance Proceeds, Liquidation Proceeds or Recoveries relating to a particular HELOC Mortgage Loan for amounts expended by the HELOC Servicer or such HELOC Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such HELOC Mortgage Loan;
(vii) to pay the HELOC Servicer or any HELOC Subservicer (payment to any HELOC Subservicer to be subject to prior payment to the HELOC Servicer of an amount equal to the HELOC Servicing Fee), as appropriate, from Liquidation Proceeds, Insurance Proceeds or Recoveries received in connection with the liquidation of any HELOC Mortgage Loan, the amount which it or such HELOC Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such HELOC Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds, Insurance Proceeds and Recoveries with respect to such HELOC Mortgage Loan, after any reimbursement to the HELOC Servicer or any HELOC Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such HELOC Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the HELOC Servicing Fee Rate to but not including the date of payment (in any event, the aggregate amount of servicing compensation received by a HELOC Subservicer and the HELOC Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable HELOC Servicing Fee);
(viii) to reimburse the HELOC Servicer or any HELOC Subservicer for any Nonrecoverable Advance previously made, and not otherwise reimbursed pursuant to this Subsection 3.07(a);
(ix) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiix) to withdraw any amount received from a Mortgagor that is recoverable and sought to be recovered as a voidable preference by a trustee in bankruptcy pursuant to the Bankruptcy Code in accordance with a final, nonappealable order of a court having competent jurisdiction;
(xi) to reimburse the HELOC Servicer for costs incurred by it associated with the environmental report specified in Section 3.13(e);
(xii) to pay to the Seller Sponsor, on behalf of the amountDepositor, if anyto the extent that principal collections exceed Draws, deposited in the Collection Account outstanding principal balance of each Additional Balance purchased by the Indenture Trustee upon release thereof Depositor from the Funding Account representing payments for Additional LoansSponsor pursuant to the Mortgage Loan Purchase Agreement; and
(ixxiii) after to clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (vi) and (vii), the HELOC Servicer's ’s entitlement thereto is limited to collections or other recoveries on the related HELOC Mortgage Loan, and the HELOC Servicer shall keep and maintain separate accounting, on a HELOC Mortgage Loan by HELOC Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this HELOC Servicing Agreement, the HELOC Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this HELOC Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related HELOC Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the HELOC Servicer determines may, but is not required to, allow the HELOC Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a HELOC Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such HELOC Subservicers are entitled hereunder as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable such HELOC Subservicers.
(c) The HELOC Servicer shall pay to the Mortgage Loans Securities Administrator interest on any Business Day prior payments to the Payment Account which were due on a HELOC Servicer Remittance Date succeeding but were made after the related HELOC Servicer Remittance Date at a rate equal to the federal funds rate from the date due to the date paid, both inclusive. This interest shall be solely an obligation of such determinationthe HELOC Servicer and shall not be recoverable by the Securities Administrator from the Trust or from any other source.
Appears in 1 contract
Sources: Heloc Servicing Agreement (American Home Mortgage Investment Trust 2006-2)
Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the Business Day Servicer Remittance Date prior to each Payment Distribution Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such Payment a Distribution Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Certificateholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer's own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan;
(vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a);
(viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiiix) to reimburse the Servicer for costs associated with the environmental report specified in Section 3.13(c);
(x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08;
(xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account;
(xii) to pay to the MI Insurers the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and
(xiii) to make an Advance with respect to a delinquent Mortgage Loan from funds held in the Collection Account as contemplated by Section 3.24, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and
Payment Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. The Servicer shall not use any payments received under the Cap Agreements and deposited in the Collection Account to make any of the foregoing payments, other than pursuant to clause (xiv) above.
(b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Residential Asset Funding Corp)
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(vii) to withdraw pay the Master Servicer or any other amount deposited in the Collection Account that was not required Subservicer (payment to any Subservicer to be deposited therein pursuant subject to Section 3.02;
(viii) to pay prior payment to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and
(ix) after the occurrence Master Servicer of an Amortization Event, to pay amount equal to the SellerSubservicing Fee), the Excluded Amount. Sinceas appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related liquidation of any Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to amount which it or such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be Subservicer would have been entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms receive under subclause (iii) of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determination.this
Appears in 1 contract
Sources: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2004-9)
Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the fourth Business Day prior to each Payment Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), 3.06) and to pay the Indenture Trustee an amount equal to any Subservicer any Subservicing Fees not previously withheld by the SubservicerBack-up Servicing Fee;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer's own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan;
(vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a);
(viii) to pay the Owner Trustee the Owner Trustee Fee;
(ix) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiix) to reimburse the Servicer for costs associated with the environmental report specified in Section 3.13(c);
(xi) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08;
(xii) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account;
(xiii) to pay to the MI Insurer the monthly MI Premium due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and
(xiv) to make an Advance with respect to a delinquent Mortgage Loan from funds held in the Collection Account as contemplated by Section 4.02, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and
Payment Account. Withdrawals made pursuant to clause (ixxiii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. .
(b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 1 contract
Sources: Servicing Agreement (Novastar Mortgage Funding Corp)
Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 5.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the Business Day Servicer Remittance Date prior to each Payment Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.045.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)5.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances expenses were madepaid, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.095.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.025.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the SellerSponsor, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the SellerSponsor, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer’s own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 5.13: (x) in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the uninsured cause, (y) in connection with the liquidation of such Mortgage Loan, or (z) with respect to an MI Claim Payment Advance made by the Servicer with respect to such Mortgage Loan;
(vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Section 5.07(a);
(viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.025.06;
(viiiix) to reimburse the Servicer for costs associated with the environmental report handling the presence of any toxic or hazardous substance on a Mortgaged Property as set forth in Section 5.13(c);
(x) to clear and terminate the Collection Account upon a termination pursuant to Section 9.01;
(xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account;
(xii) to pay to the MI Insurer the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and
(xiii) to make an Advance with respect to a Mortgage Loan that is Delinquent from funds held in the Collection Account as contemplated by Section 5.24, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and
Payment Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's ’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. .
(b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 5.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 1 contract
Sources: Sale and Servicing Agreement (NovaStar Mortgage Funding Trust, Series 2006-1)
Withdrawals from the Collection Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Home Equity Loans for the following purposes:
(i) to remit to the Indenture Trustee for deposit in the Distribution Payment Account, on the Business Day prior to related Determination Date for each Payment Date, an amount equal to the Security Collections required to be distributed on for such Payment Date;
(ii) prior to either a Rapid Amortization Event or the Billing Cycle preceding the end of the Managed Amortization Period, to pay to the Seller, with respect to the Revolving Credit Loans, the amount of any Additional Balances as and when created during the related Billing Cycle, provided, that, with respect to the Revolving Credit Loans, the aggregate amount so paid to the Seller in respect of Additional Balances at any time during any Billing Cycle shall not exceed the amount of Principal Collections theretofore received for such Billing Cycle;
(iii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Home Equity Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Home Equity Loan; and to reimburse itself for all P&I Advances of the Servicer’s funds made pursuant to Section 3.18, it being understood that the Servicer’s right to reimburse itself pursuant to this subclause (iii) with respect to any Mortgage LoanLoan being limited to amounts received on the related Mortgage Loan (including without limitation, late recoveries of payments from the Mortgagor, Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds with respect to such Mortgage Loan to the extent collected) which represent late payments of principal and/or interest respecting which any such P&I Advance was made; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such ▇▇▇▇▇▇▇▇▇▇▇▇ ▇&▇ Advance would be a Nonrecoverable Advance the Servicer shall be entitled to reimburse itself from other funds in the Collection Account;
(iiiiv) to pay to itself out of each payment received on account of interest on a Mortgage Home Equity Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(ivv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(vvi) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
Profits (vi) to pay the extent permitted by law), and at such time a Home Equity Loan becomes a Charged-off Loan, to reimburse itself or to the Sellerextent of funds held in the Collection Account for all unreimbursed Servicing Fees, with respect Servicing Advances and P&I Advances owing to the Servicer relating to any Mortgage Charged-off Loan accrued or property acquired in respect thereof that has been purchased or otherwise transferred advanced during any period prior to the Seller, date the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined;Home Equity Loan became a Charged-off Loan; and
(vii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02;
(viii) to pay to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and
(ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (viivi), the Servicer's ’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Home Equity Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Home Equity Loan by Mortgage Home Equity Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise and all Nonrecoverable Advances reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Home Equity Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Home Equity Loans on any Business Day prior to the Payment Determination Date succeeding following the date of such determinationcalculation.
Appears in 1 contract
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee);
(viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a);
(x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee and the Derivative Contract Payment Amount;
(xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiixii) to pay Radian the premium with respect to the Seller Radian Lender-Paid PMI Policy;
(xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee and the Bond Insurer the Premium Amount;
(xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and
(ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any portion to which such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by such Subservicers.
(c) Unless otherwise designated in writing by the President or a Managing Director of the Bond Insurer to the Master Servicer, the Premium Amount to be otherwise nonrecoverable (except with respect paid pursuant to any Mortgage Loan as to which Section 3.05 of the Repurchase Price has been paid), Indenture shall be paid by withdrawal from the Collection Account of amounts on deposit therein attributable Master Servicer to the Mortgage Loans on any Business Day prior to Bond Insurer by wire transfer with the Payment Date succeeding following details specifically stated in the date of such determination.wire transfer: Bank: Citibank, N.A. ABA Number: 021-000089 For the account of: Ambac Assurance Corporation Account Number: 40609486 Re: Impac Series 200▇-▇▇, ▇▇licy No. AB0697BE Attention: Pamela Dottin (212) ▇▇▇-▇▇▇▇
Appears in 1 contract
Sources: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2003 10)
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee);
(viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a);
(x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee;
(xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiixii) to pay Radian the premium with respect to the Seller Radian Lender-Paid PMI Policy;
(xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee;
(xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and
(ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 1 contract
Sources: Servicing Agreement (Impac CMB Trust Series 2002-4f)
Withdrawals from the Collection Account. The Servicer shall, from time shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the stated purposes in the following purposesorder of priority:
(i) to deposit in reimburse the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment DateServicer for any accrued and unpaid Servicing Fees;
(ii) on each Servicer Remittance Date, to transfer the following amounts to the extent deposited to Indenture Trustee for deposit in the Payment Account:
(A) the portion of the Interest Collections and Principal Collections for the related Collection Period then in the Collection Account, ;
(B) [Reserved];
(C) any amounts required to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid be deposited pursuant to Section 3.07 or otherwise reimbursable pursuant in connection with any REO Property;
(D) any amounts to the terms be paid in connection with a purchase of this Servicing Agreement (to the extent not payable Mortgage Loans and REO Properties pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan10.01;
(iii) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to itself out of each payment received on account of interest on be recovered as a Mortgage Loan as contemplated voidable preference by Section 3.09, an amount equal a trustee in bankruptcy pursuant to the related Servicing Fee (to the extent not retained pursuant to Section 3.02)United States Bankruptcy Code 11 U.S.C. 101 et seq., and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subserviceras amended in accordance with a final, nonappealable order of a court having competent jurisdiction;
(iv) [Reserved];
(v) to pay the Servicer as servicing compensation (in addition to the extent deposited in Servicing Fee) on the Collection Account to pay to itself as additional servicing compensation Servicer Remittance Date any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(vii) to withdraw any other amount funds deposited in the Collection Account that was were not required to be deposited therein or were deposited therein in error and to pay such funds to the appropriate Person; 57
(vii) to pay the Servicer the servicing compensation for the related Collection Period that it is entitled to receive pursuant to Section 3.023.09 herein;
(viii) to pay reimburse the Servicer for any Servicing Advance previously made which the Servicer has determined to be a Nonrecoverable Advance;
(ix) [Reserved];
(x) to withdraw funds necessary for the conservation and disposition of REO Property pursuant to Section 3.07 to the Seller the amount, if any, deposited in the Collection Account extent not advanced by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansServicer; and
(ixxi) after to clear and terminate the occurrence Collection Account upon the termination of an Amortization Event, this Agreement. Prior to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying making any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreementsubclause (vii), the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant have delivered to the terms Indenture Trustee and the Insurer a certificate of this a Servicing Agreement that Officer indicating the amount of any previous Servicing Advance determined by the Servicer determines to be otherwise nonrecoverable (except with respect to any a Nonrecoverable Advance and identifying the related Mortgage Loan as to which the Repurchase Price has been paidLoans(s), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date and their respective portions of such determinationNonrecoverable Advance.
Appears in 1 contract
Sources: Sale and Servicing Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H1)
Withdrawals from the Collection Account. (a) The HELOC Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the HELOC Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in remit to the Distribution AccountIndenture Trustee, on by the Business Day prior to each Payment HELOC Servicer Remittance Date, an amount equal to the Security Collections all amounts required to be distributed deposited in the Collection Account as of the close of business on such Payment the related Determination Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this HELOC Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related HELOC Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loanrelated Recoveries;
(iii) to pay to itself out of each payment received on account of interest on a HELOC Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related HELOC Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any HELOC Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the HELOC Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Class IX-A Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to pay to the HELOC Back-Up Servicer the HELOC Back-Up Servicing Fee;
(vi) to reimburse the HELOC Servicer or any Subservicer from Insurance Proceeds, Liquidation Proceeds or Recoveries relating to a particular HELOC Mortgage Loan for amounts expended by the HELOC Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such HELOC Mortgage Loan;
(vii) to pay the HELOC Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the HELOC Servicer of an amount equal to the HELOC Servicing Fee), as appropriate, from Liquidation Proceeds, Insurance Proceeds or Recoveries received in connection with the liquidation of any HELOC Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such HELOC Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds, Insurance Proceeds and Recoveries with respect to such HELOC Mortgage Loan, after any reimbursement to the HELOC Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such HELOC Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the HELOC Servicing Fee Rate to but not including the date of payment (in any event, the aggregate amount of servicing compensation received by a Subservicer and the HELOC Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable HELOC Servicing Fee);
(viii) to reimburse the HELOC Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not otherwise reimbursed pursuant to this Subsection 3.07(a);
(ix) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiix) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to be recovered as a voidable preference by a trustee in bankruptcy pursuant to the Seller the amountBankruptcy Code in accordance with a final, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; andnonappealable order of a court having competent jurisdiction;
(ixxi) after to reimburse the occurrence of an Amortization Event, HELOC Servicer for costs incurred by it associated with the environmental report specified in Section 3.13(e);
(xii) to pay to the Seller, on behalf of the Excluded AmountDepositor, to the extent that principal collections exceed Draws, the outstanding principal balance of each Additional Balance purchased by the Depositor from the Seller pursuant to the Mortgage Loan Purchase Agreement; and
(xiii) to clear and terminate the Collection Account following a termination of the Trust pursuant to Section 8.01 of the Trust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (vi) and (vii), the HELOC Servicer's entitlement thereto is limited to collections or other recoveries on the related HELOC Mortgage Loan, and the HELOC Servicer shall keep and maintain separate accounting, on a HELOC Mortgage Loan by HELOC Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this HELOC Servicing Agreement, the HELOC Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this HELOC Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related HELOC Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the HELOC Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled hereunder as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable such Subservicers.
(c) The HELOC Servicer shall pay to the Mortgage Loans Indenture Trustee interest on any Business Day prior payments to the Payment Account which were due on a HELOC Servicer Remittance Date succeeding but were made after the related HELOC Servicer Remittance Date at a rate equal to the federal funds rate from the date due to the date paid, both inclusive. This interest shall be solely an obligation of such determinationthe HELOC Servicer and shall not be recoverable by the Indenture Trustee from the Trust or from any other source.
Appears in 1 contract
Sources: Heloc Servicing Agreement (American Home Mortgage Investment Trust 2005-1)
Withdrawals from the Collection Account. The Servicer shall, from time shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(i) to deposit in the Distribution Account, before 1:00 p.m. (California time) on the Business Day prior to preceding each Payment Distribution Date, an amount equal to withdraw the portion of Available Funds then in the Collection Account and remit such funds to the Security Collections required Trustee for deposit to be distributed on such Payment Datethe Distribution Account;
(ii) to reimburse the extent deposited Servicer for any accrued unpaid Servicing Compensation which the Servicer would not have been required to deposit in the Collection Account and for unreimbursed Monthly Advances and Servicing Advances. The Servicer's right to reimbursement for unpaid Servicing Fees and unreimbursed Servicing Advances shall be limited to late collections on the related Mortgage Loan, including Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and such other amounts as may be collected by the Servicer from the related Mortgagor or otherwise relating to the Collection Account, Mortgage Loan in respect of which such reimbursed amounts are owed. The Servicer's right to reimburse itself or the related Subservicer reimbursement for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being Monthly Advances shall be limited to amounts received late collections of interest on particular any Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were madeLoan and to Liquidation Proceeds, or from Released Mortgaged Property Proceeds and Insurance Proceeds on related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanLoans;
(iii) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to itself out of each payment received on account of interest on be recovered as a Mortgage Loan as contemplated voidable preference by Section 3.09, an amount equal a trustee in bankruptcy pursuant to the related Servicing Fee (to the extent not retained pursuant to Section 3.02)United States Bankruptcy Code in accordance with a final, and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicernonappealable order of a court having competent jurisdiction;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation withdraw any interest or investment income earned on funds deposited in the Collection Account that were not required to be deposited therein (such as Servicing Compensation) or were deposited therein in error and Payment Account that it is entitled to withdraw pursuant pay such funds to Sections 3.02(b) and 5.01the appropriate Person;
(v) to withdraw funds necessary for the conservation and disposition of REO Property pursuant to Section 3.06 to the extent deposited in not advanced by the Collection Account, to pay to itself as additional servicing compensation any Foreclosure ProfitsServicer;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, reimburse the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determinedfor Nonrecoverable Advances;
(vii) to withdraw any other amount deposited pay to the Seller collections received in respect of accrued interest on the Collection Account that was not required to be deposited therein pursuant to Section 3.02Mortgage Loans due on or before September 1, 1998;
(viii) to pay to the Seller Servicer or the amountTrustee the portion of any Purchase Price in respect of clause (iv) of the definition thereof or of any Substitution Adjustment in respect of clause (b) of the definition thereof to the extent paid in respect of amounts incurred by or imposed on the Servicer or the Trustee, if any, deposited in as the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loanscase may be; and
(ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) clear and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from terminate the Collection Account pursuant to such clauses. Notwithstanding any other provision upon the termination of this Servicing Agreement, the Servicer shall be entitled Agreement and to reimburse itself for pay any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant amounts remaining therein to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationapplicable Class R Certificate holders.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Delta Funding Corp /De/)
Withdrawals from the Collection Account. The Servicer shall, from time shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(i) before 11:00 a.m. (New York city time) on the second Business Day preceding each Distribution Date, to withdraw the portion of Available Funds then in the Collection Account and remit such funds to the Trustee for deposit in to the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment Date;
(ii) to reimburse the extent deposited Servicer for any accrued unpaid Servicing Compensation which the Servicer would not have been required to deposit in the Collection Account and for unreimbursed Monthly Advances and Servicing Advances. The Servicer's right to reimbursement for unpaid Servicing Fees and unreimbursed Servicing Advances shall be limited to late collections on the related Mortgage Loan, including Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and such other amounts as may be collected by the Servicer from the related Mortgagor or otherwise relating to the Collection Account, Mortgage Loan in respect of which such reimbursed amounts are owed. The Servicer's right to reimburse itself or the related Subservicer reimbursement for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being Monthly Advances shall be limited to amounts received late collections of interest on particular any Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were madeLoan and to Liquidation Proceeds, or from Released Mortgaged Property Proceeds and Insurance Proceeds on related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanLoans;
(iii) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to itself out of each payment received on account of interest on be recovered as a Mortgage Loan as contemplated voidable preference by Section 3.09, an amount equal a trustee in bankruptcy pursuant to the related Servicing Fee (to the extent not retained pursuant to Section 3.02)United States Bankruptcy Code in accordance with a final, and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicernonappealable order of a court having competent jurisdiction;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation withdraw any interest or investment income earned on funds deposited in the Collection Account that were not required to be deposited therein (such as Servicing Compensation) or were deposited therein in error and Payment Account that it is entitled to withdraw pursuant pay such funds to Sections 3.02(b) and 5.01the appropriate Person;
(v) to withdraw funds necessary for the conservation and disposition of REO Property pursuant to Section 3.06 to the extent deposited in not advanced by the Collection Account, to pay to itself as additional servicing compensation any Foreclosure ProfitsServicer;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, reimburse the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determinedfor Nonrecoverable Advances;
(vii) to withdraw any other amount deposited pay to the Seller collections received in respect of accrued interest on the Collection Account that was not required to be deposited therein pursuant to Section 3.02Mortgage Loans due on or before June 1, 1997;
(viii) to pay to the Seller Servicer, the amountTrustee or remit to the Depositor the portion of any Purchase Price in respect of clause (iv) of the definition thereof or of any Substitution Adjustment in respect of clause (b) of the definition thereof to the extent paid in respect of amounts incurred by or imposed on the Servicer or the Trustee, if any, deposited in as the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loanscase may be; and
(ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) clear and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from terminate the Collection Account pursuant to such clauses. Notwithstanding any other provision upon the termination of this Servicing Agreement, the Servicer shall be entitled Agreement and to reimburse itself for pay any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant amounts remaining therein to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationapplicable Class R Certificateholders.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Delta Funding Corp /De/)
Withdrawals from the Collection Account. The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(i) to deposit in the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(vii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02;
(viii) to pay to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and
(ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Master Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determination.
Appears in 1 contract
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee);
(viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a);
(x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee;
(xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiixii) to pay Radian the premium with respect to the Seller Radian Lender-Paid PMI Policy;
(xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee;
(xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and
(ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 1 contract
Withdrawals from the Collection Account. The Servicer shall, from time shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(i) to deposit in the Distribution Account, before 11:00 a.m. (New York City time) on the Business Day prior to preceding each Payment Distribution Date, an amount equal to withdraw the portion of Available Funds then in the Collection Account and remit such funds to the Security Collections required Trustee for deposit to be distributed on such Payment Datethe Distribution Account;
(ii) to reimburse the extent deposited Servicer for any accrued unpaid Servicing Compensation which the Servicer would not have been required to deposit in the Collection Account and for unreimbursed Monthly Advances and Servicing Advances. The Servicer's right to reimbursement for unpaid Servicing Fees and unreimbursed Servicing Advances shall be limited to late collections on the related Mortgage Loan, including Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and such other amounts as may be collected by the Servicer from the related Mortgagor or otherwise relating to the Collection Account, Mortgage Loan in respect of which such reimbursed amounts are owed. The Servicer's right to reimburse itself or the related Subservicer reimbursement for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being Monthly Advances shall be limited to amounts received late collections of interest on particular any Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were madeLoan and to Liquidation Proceeds, or from Released Mortgaged Property Proceeds and Insurance Proceeds on related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanLoans;
(iii) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to itself out of each payment received on account of interest on be recovered as a Mortgage Loan as contemplated voidable preference by Section 3.09, an amount equal a trustee in bankruptcy pursuant to the related Servicing Fee (to the extent not retained pursuant to Section 3.02)United States Bankruptcy Code in accordance with a final, and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicernonappealable order of a court having competent jurisdiction;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation withdraw any interest or investment income earned on funds deposited in the Collection Account that were not required to be deposited therein (such as Servicing Compensation) or were deposited therein in error and Payment Account that it is entitled to withdraw pursuant pay such funds to Sections 3.02(b) and 5.01the appropriate Person;
(v) to withdraw funds necessary for the conservation and disposition of REO Property pursuant to Section 3.06 to the extent deposited in not advanced by the Collection Account, to pay to itself as additional servicing compensation any Foreclosure ProfitsServicer;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, reimburse the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determinedfor Nonrecoverable Advances;
(vii) to withdraw any other amount deposited pay to the Seller collections received in respect of accrued interest on the Collection Account that was not required to be deposited therein pursuant to Section 3.02Mortgage Loans due on or before March 1, 1998;
(viii) to pay to the Seller Servicer or the amountTrustee the portion of any Purchase Price in respect of clause (iv) of the definition thereof or of any Substitution Adjustment in respect of clause (b) of the definition thereof to the extent paid in respect of amounts incurred by or imposed on the Servicer or the Trustee, if any, deposited in as the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loanscase may be; and
(ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) clear and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from terminate the Collection Account pursuant to such clauses. Notwithstanding any other provision upon the termination of this Servicing Agreement, the Servicer shall be entitled Agreement and to reimburse itself for pay any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant amounts remaining therein to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationapplicable Class R Certificateholders.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Delta Funding Corp /De/)
Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the fourth Business Day prior to each Payment Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer's own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan;
(vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a);
(viii) to pay the Owner Trustee, on the Payment Date occurring in December of each year, the Owner Trustee Fee;
(ix) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiix) to pay reimburse the Servicer for costs associated with the environmental report specified in Section 3.13(c);
(xi) to the Seller the amount, if any, deposited in clear and terminate the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and
(ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred termination pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determination.7.08; and
Appears in 1 contract
Sources: Servicing Agreement (Merrill Lynch Mortgage Investors Inc)
Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds;
(iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made;
(vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid
in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee);
(viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a);
(x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee and the Derivative Contract Payment Amount;
(xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiixii) to pay Radian the premium with respect to the Seller Radian Lender-Paid PMI Policy;
(xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee and the Bond Insurer the Premium Amount;
(xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and
(ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.
Appears in 1 contract
Withdrawals from the Collection Account. The Servicer shall, from time shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(i) before 11:00 a.m. (New York city time) on the second Business Day preceding each Distribution Date, to withdraw the portion of Available Funds then in the Collection Account and remit such funds to the Trustee for deposit in to the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment Date;
(ii) to reimburse the extent deposited Servicer for any accrued unpaid Servicing Compensation which the Servicer would not have been required to deposit in the Collection Account and for unreimbursed Monthly Advances and Servicing Advances. The Servicer's right to reimbursement for unpaid Servicing Fees and unreimbursed Servicing Advances shall be limited to late collections on the related Mortgage Loan, including Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and such other amounts as may be collected by the Servicer from the related Mortgagor or otherwise relating to the Collection Account, Mortgage Loan in respect of which such reimbursed amounts are owed. The Servicer's right to reimburse itself or the related Subservicer reimbursement for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being Monthly Advances shall be limited to amounts received late collections of interest on particular any Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were madeLoan and to Liquidation Proceeds, or from Released Mortgaged Property Proceeds and Insurance Proceeds on related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanLoans;
(iii) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to itself out of each payment received on account of interest on be recovered as a Mortgage Loan as contemplated voidable preference by Section 3.09, an amount equal a trustee in bankruptcy pursuant to the related Servicing Fee (to the extent not retained pursuant to Section 3.02)United States Bankruptcy Code in accordance with a final, and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicernonappealable order of a court having competent jurisdiction;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation withdraw any interest or investment income earned on funds deposited in the Collection Account that were not required to be deposited therein (such as Servicing Compensation) or were deposited therein in error and Payment Account that it is entitled to withdraw pursuant pay such funds to Sections 3.02(b) and 5.01the appropriate Person;
(v) to withdraw funds necessary for the conservation and disposition of REO Property pursuant to Section 3.06 to the extent deposited in not advanced by the Collection Account, to pay to itself as additional servicing compensation any Foreclosure ProfitsServicer;
(vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, reimburse the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determinedfor Nonrecoverable Advances;
(vii) to withdraw any other amount deposited pay to the Seller collections received in respect of accrued interest on the Collection Account that was not required to be deposited therein pursuant to Section 3.02Mortgage Loans due on or before September 1, 1997;
(viii) to pay to the Seller Servicer, the amountTrustee or remit to the Depositor the portion of any Purchase Price in respect of clause (iv) of the definition thereof or of any Substitution Adjustment in respect of clause (b) of the definition thereof to the extent paid in respect of amounts incurred by or imposed on the Servicer or the Trustee, if any, deposited in as the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loanscase may be; and
(ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) clear and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from terminate the Collection Account pursuant to such clauses. Notwithstanding any other provision upon the termination of this Servicing Agreement, the Servicer shall be entitled Agreement and to reimburse itself for pay any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant amounts remaining therein to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationapplicable Class R Certificateholders.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Delta Funding Corp /De/)
Withdrawals from the Collection Account. (a) The HELOC Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the HELOC Mortgage Loans for the following purposes:purposes (without duplication):
(i) to deposit in remit to the Distribution AccountSecurities Administrator, on by the Business Day prior to each Payment HELOC Servicer Remittance Date, an amount equal to the Security Collections all amounts required to be distributed deposited in the Collection Account as of the close of business on such Payment the related Determination Date;
(ii) to the extent deposited to the Collection Account, to reimburse itself or the related HELOC Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this HELOC Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related HELOC Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loanrelated Recoveries;
(iii) to pay to itself out of each payment received on account of interest on a HELOC Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related HELOC Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer;
(iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits;
(vi) to pay to itself or the Seller, with respect to any HELOC Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the HELOC Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Class II-A Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined;
(v) to pay to the HELOC Back-Up Servicer the HELOC Back-Up Servicing Fee;
(vi) to reimburse the HELOC Servicer or any HELOC Subservicer from Insurance Proceeds, Liquidation Proceeds or Recoveries relating to a particular HELOC Mortgage Loan for amounts expended by the HELOC Servicer or such HELOC Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such HELOC Mortgage Loan;
(vii) to pay the HELOC Servicer or any HELOC Subservicer (payment to any HELOC Subservicer to be subject to prior payment to the HELOC Servicer of an amount equal to the HELOC Servicing Fee), as appropriate, from Liquidation Proceeds, Insurance Proceeds or Recoveries received in connection with the liquidation of any HELOC Mortgage Loan, the amount which it or such HELOC Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such HELOC Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds, Insurance Proceeds and Recoveries with respect to such HELOC Mortgage Loan, after any reimbursement to the HELOC Servicer or any HELOC Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such HELOC Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the HELOC Servicing Fee Rate to but not including the date of payment (in any event, the aggregate amount of servicing compensation received by a HELOC Subservicer and the HELOC Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable HELOC Servicing Fee);
(viii) to reimburse the HELOC Servicer or any HELOC Subservicer for any Nonrecoverable Advance previously made, and not otherwise reimbursed pursuant to this Subsection 3.07(a);
(ix) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06;
(viiix) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to be recovered as a voidable preference by a trustee in bankruptcy pursuant to the Seller the amountBankruptcy Code in accordance with a final, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; andnonappealable order of a court having competent jurisdiction;
(ixxi) after to reimburse the occurrence of an Amortization Event, HELOC Servicer for costs incurred by it associated with the environmental report specified in Section 3.13(e);
(xii) to pay to the Seller, on behalf of the Excluded AmountDepositor, to the extent that principal collections exceed Draws, the outstanding principal balance of each Additional Balance purchased by the Depositor from the Seller pursuant to the Mortgage Loan Purchase Agreement; and
(xiii) to clear and terminate the Collection Account following a termination of the Trust pursuant to Section 8.01 of the Trust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (vi) and (vii), the HELOC Servicer's ’s entitlement thereto is limited to collections or other recoveries on the related HELOC Mortgage Loan, and the HELOC Servicer shall keep and maintain separate accounting, on a HELOC Mortgage Loan by HELOC Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this HELOC Servicing Agreement, the HELOC Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this HELOC Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related HELOC Mortgage Loan.
(b) Notwithstanding the provisions of this Section 3.07, the HELOC Servicer determines may, but is not required to, allow the HELOC Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a HELOC Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which such HELOC Subservicers are entitled hereunder as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Servicing Advances made by such HELOC Subservicers.
(c) The HELOC Servicer shall pay to the Repurchase Price has been paid), by withdrawal Securities Administrator interest on any payments to the Securities Administrator Collection Account which were due on a HELOC Servicer Remittance Date but were made after the related HELOC Servicer Remittance Date at a rate equal to the federal funds rate from the Collection Account of amounts on deposit therein attributable date due to the Mortgage Loans on date paid, both inclusive. This interest shall be solely an obligation of the HELOC Servicer and shall not be recoverable by the Securities Administrator from the Trust or from any Business Day prior to the Payment Date succeeding the date of such determinationother source.
Appears in 1 contract
Sources: Heloc Servicing Agreement (American Home Mortgage Investment Trust 2005-4)