Common use of Accounting, Remittances and Owner Reporting Clause in Contracts

Accounting, Remittances and Owner Reporting. Unless otherwise provided in the applicable Appendix, the Servicer shall: (a) On each Servicer Remittance Date, remit by wire or ACH transfer of immediately available funds to the Owner all amounts deposited in the related Custodial Account relating to the related Assets as of the close of business on the final Business Day of the related Collection Period, net of charges against and withdrawals from the Custodial Account permitted pursuant to this Agreement. (b) The Servicer shall remit the amounts described in this Section 2.5 by wire or ACH transfer of immediately available funds to the account designated by the Owner. (c) Upon payment of a Loan in full and receipt from the Owner or its agent of any documents or information necessary to effect such release, or upon any modifications or amendments or as otherwise appropriate in connection with the servicing by the Servicer, have prepared and file any necessary full or partial (as applicable) release or satisfaction documents, continue servicing of the Asset pending final settlement of full releases, and refund any of the Borrower deposits. (d) Make applicable Loan Rate adjustments in compliance with the related Asset Documents, Applicable Requirements and the Servicing Standard. The Servicer shall execute and deliver to the requisite Borrower all appropriate notices required by the related Asset Documents, Applicable Requirements and the Servicing Standard of applicable information regarding such interest rate adjustment, and methods of implementation of such interest rate adjustments and of all prepayments of any Asset hereunder by the Borrower. (e) Furnish reports in the format provided in Exhibit A-1 on or before the eighth (8th) Business Day of each calendar month and reports in the format provided in Exhibit A-2 hereto on or before the tenth (10th) Business Day of each calendar month, in each case with respect to the preceding Collection Period, and such other reports (or copies of reports) in the format and on the dates set forth in the related Appendices. (f) Perform such other customary duties and execute such other documents in connection with its duties hereunder as the Owner from time to time reasonably may require subject to the provisions of Section 2.5(g) hereof. (g) In the event the Owner requests the Servicer to provide any additional or special reports or data files or render other related services to the Owner or any third party, generally or with respect to subgroups of Assets or individual Assets, the Servicer shall use commercially reasonable efforts to provide said reports, data files, or related services subject to the payment of a separate fee and/or costs to be determined and agreed upon in advance by the Owner and the Servicer. The Servicer shall thereupon xxxx the requesting party for the cost of such reports, data files or related services including related delivery costs, in accordance with the negotiated fee schedule. Unless otherwise agreed by the Servicer and the Owner, the fees and costs for such reports or data files shall include billing for the time expended by the Servicer’s employees or contractors at a rate of $125 per hour, and any Out of Pocket Expenses incurred by the Servicer. Any fees or costs accrued in accordance with this Section 2.5(g) shall be payable upon invoice by the Servicer to the Owner, and shall be recoverable as Servicing Advances hereunder.

Accounting, Remittances and Owner Reporting. Unless otherwise provided in the applicable Appendix, the The Servicer shall: (a) On each Servicer Remittance Date, remit by wire or ACH transfer of immediately available funds to the Owner all amounts deposited in the related Custodial Account relating to the related Assets as of the close of business on the final Business Day of the related Collection Period, net of charges against and withdrawals from the Custodial Account permitted pursuant to this Agreement. (b) The Servicer shall remit the amounts described in this Section 2.5 by wire or ACH transfer of immediately available funds to the account designated by the Owner. (c) Upon payment of a Loan in full and receipt from the Owner or its agent of any documents or information necessary to effect such releasethe release of Collateral, or upon any modifications or amendments or as otherwise appropriate in connection with the servicing by the Servicerif any, have prepared and timely file any necessary full or partial (as applicable) release or satisfaction documents, and continue servicing of the Asset pending final settlement of full releasessettlement, and refund any of the Borrower deposits, and work to resolve any disputes with the Borrower. (db) Make applicable Loan Rate adjustments in compliance with the related Asset Documents, Applicable Requirements and the Servicing Standard. The Servicer shall execute and deliver to the requisite Borrower all appropriate notices required by the related Asset Documents, Applicable Requirements and the Servicing Standard of applicable information regarding such interest rate adjustment, and methods of implementation of such interest rate adjustments and of all prepayments of any Asset hereunder by the Borrower. (ec) Furnish reports in the format provided in Exhibit A-1 A hereto on or before the eighth third (8th3rd) Business Day of each calendar month and reports in the format provided or such other due date as set forth in Exhibit A-2 hereto on or before the tenth (10th) Business Day of each calendar monthA, in each case with respect to the preceding Collection Period, and such other reports (or copies of reports) in the format and on the dates set forth in the related Appendices. (fd) Perform such other customary duties and execute such other documents in connection with its duties hereunder as the Owner from time to time reasonably may require subject to the provisions of Section 2.5(g2.5(e) hereof. (ge) In the event the Owner requests the Servicer to provide any additional or special reports or data files or render other related services to the Owner or any third party, generally or with respect to subgroups of Assets or individual Assets, the Servicer shall use commercially reasonable efforts to provide said reports, data files, or related services without cost to Owner. In the event that Servicer cannot commercially reasonably provide the reports, data files or related services requested by Owner without additional payment or compensation, the Servicer shall use its best efforts to provide such reports, data files, or relates services subject to the payment of a separate fee and/or costs to be determined and agreed upon in advance by the Owner and the Servicer. The Servicer shall thereupon xxxx the requesting party Owner for the cost of such reports, data files or related services including related delivery costs, in accordance with the negotiated fee schedule. Unless otherwise agreed . (f) Servicer shall assist Owner, upon reasonable advance notice and for reasonable amounts of time, in reviewing assets that could potentially be made subject to this Agreement by the agreement of the parties, and in advising Owner with respect to issues in transferring servicing of such Assets to Servicer. (g) Servicer and Owner each shall designate representatives to consult with the Ownerother regarding the performance of the Assets subject to this Agreement. Such representatives shall consult monthly with respect to the servicing functions being performed by Servicer for Owner or upon such lesser frequency as the parties may mutually agree. At or prior to each monthly consultation, the fees Servicer shall provide Owner with notice regarding any material issues with respect to the servicing functions or the actions taken by Servicer pursuant to Section 2.4. For purposes of this paragraph a “material issue” is any potential loss, cost, expense or liability exceeding the amount of $1,000 for any one Asset or $5,000 in the aggregate. (h) Servicer shall provide Owner advance notice with respect to any single Servicing Advance (other than a Servicing Advance made pursuant to Section 2.3(k) for taxes. Section 2.3(l) for insurance or Section 2.4) that exceeds $1,000 for any one Asset or $5,000 in the aggregate, and costs for provide Owner five (5) Business Days to provide notice of its objection to the Servicing Advance. Owner shall provide notice of its agreement or objection to such reports or data files shall include billing for the time expended by the Servicing Advance as soon as practicable, and if it does not provide notice of an objection within five (5) Business Days of delivery of Servicer’s employees or contractors at a rate notice of $125 per hoursuch Servicing Advance, and it shall be deemed to have agreed to such Servicing Advance. Servicer shall not make any Out of Pocket Expenses incurred by the Servicer. Any fees or costs accrued Servicing Advance to which Owner objects in accordance with this Section 2.5(g) shall be payable upon invoice unless Servicer is required by law or regulations applicable to Servicer, or by a governmental agency with jurisdiction over Servicer, to make such Servicing Advance. Notwithstanding the provisions of Section 10.10 of this Agreement, to the extent otherwise agreed by the Servicer parties, the notices required pursuant to the Ownerthis Section may be delivered via electronic mail, facsimile transmission or other means, and shall be recoverable as Servicing Advances hereunderdelivered to specific individuals with authority over such matters.

Accounting, Remittances and Owner Reporting. Unless otherwise provided in the applicable Appendix, the The Servicer shall: (a) On each Servicer Remittance Date, remit by wire or ACH transfer of immediately available funds to the Owner all amounts deposited in the related Custodial Account relating to the related Assets as of the close of business on the final Business Day of the related Collection Period, net of charges against and withdrawals from the Custodial Account permitted pursuant to this Agreement. (b) The Servicer shall remit the amounts described in this Section 2.5 by wire or ACH transfer of immediately available funds to the account designated by the Owner. (c) Upon payment of a Loan in full and receipt from the Owner or its agent of any documents or information necessary to effect such releasethe release of Collateral, or upon any modifications or amendments or as otherwise appropriate in connection with the servicing by the Servicerif any, have prepared and timely file any necessary full or partial (as applicable) release or satisfaction documents, and continue servicing of the Asset pending final settlement of full releasessettlement, and refund any of the Borrower deposits, and work to resolve any disputes with the Borrower. (db) Make applicable Loan Rate adjustments in compliance with the related Asset Documents, Applicable Requirements and the Servicing Standard. The Servicer shall execute and deliver to the requisite Borrower all appropriate notices required by the related Asset Documents, Applicable Requirements and the Servicing Standard of applicable information regarding such interest rate adjustment, and methods of implementation of such interest rate adjustments and of all prepayments of any Asset hereunder by the Borrower. (ec) Furnish reports in the format provided in Exhibit A-1 A hereto on or before the eighth third (8th3rd) Business Day of each calendar month and reports in the format provided or such other due date as set forth in Exhibit A-2 hereto on or before the tenth (10th) Business Day of each calendar monthA, in each case with respect to the preceding Collection Period, and such other reports (or copies of reports) in the format and on the dates set forth in the related Appendices. (fd) Perform such other customary duties and execute such other documents in connection with its duties hereunder as the Owner from time to time reasonably may require subject to the provisions of Section 2.5(g2.5(e) hereof. (ge) In the event the Owner requests the Servicer to provide any additional or special reports or data files or render other related services to the Owner or any third party, generally or with respect to subgroups of Assets or individual Assets, the Servicer shall use commercially reasonable efforts to provide said reports, data files, or related services without cost to Owner. In the event that Servicer cannot commercially reasonably provide the reports, data files or related services requested by Owner without additional payment or compensation, the Servicer shall use its best efforts to provide such reports, data files, or relates services subject to the payment of a separate fee and/or costs to be determined and agreed upon in advance by the Owner and the Servicer. The Servicer shall thereupon xxxx bxxx the requesting party Owner for the cost of such reports, data files or related services including related delivery costs, in accordance with the negotiated fee schedule. Unless otherwise agreed . (f) Servicer shall assist Owner, upon reasonable advance notice and for reasonable amounts of time, in reviewing assets that could potentially be made subject to this Agreement by the agreement of the parties, and in advising Owner with respect to issues in transferring servicing of such Assets to Servicer. (g) Servicer and Owner each shall designate representatives to consult with the Ownerother regarding the performance of the Assets subject to this Agreement. Such representatives shall consult monthly with respect to the servicing functions being performed by Servicer for Owner or upon such lesser frequency as the parties may mutually agree. At or prior to each monthly consultation, the fees Servicer shall provide Owner with notice regarding any material issues with respect to the servicing functions or the actions taken by Servicer pursuant to Section 2.4. For purposes of this paragraph a “material issue” is any potential loss, cost, expense or liability exceeding the amount of $1,000 for any one Asset or $5,000 in the aggregate. (h) Servicer shall provide Owner advance notice with respect to any single Servicing Advance (other than a Servicing Advance made pursuant to Section 2.3(k) for taxes. Section 2.3(l) for insurance or Section 2.4) that exceeds $1,000 for any one Asset or $5,000 in the aggregate, and costs for provide Owner five (5) Business Days to provide notice of its objection to the Servicing Advance. Owner shall provide notice of its agreement or objection to such reports or data files shall include billing for the time expended by the Servicing Advance as soon as practicable, and if it does not provide notice of an objection within five (5) Business Days of delivery of Servicer’s employees or contractors at a rate notice of $125 per hoursuch Servicing Advance, and it shall be deemed to have agreed to such Servicing Advance. Servicer shall not make any Out of Pocket Expenses incurred by the Servicer. Any fees or costs accrued Servicing Advance to which Owner objects in accordance with this Section 2.5(g) shall be payable upon invoice unless Servicer is required by law or regulations applicable to Servicer, or by a governmental agency with jurisdiction over Servicer, to make such Servicing Advance. Notwithstanding the provisions of Section 10.10 of this Agreement, to the extent otherwise agreed by the Servicer parties, the notices required pursuant to the Ownerthis Section may be delivered via electronic mail, facsimile transmission or other means, and shall be recoverable as Servicing Advances hereunderdelivered to specific individuals with authority over such matters.

Accounting, Remittances and Owner Reporting. Unless otherwise provided in the applicable AppendixAppendix or the FDIC Servicing Obligations, and subject to Section 2.15 hereof, the Servicer shall: (a) On each Servicer Remittance Date, remit by wire or ACH transfer of immediately available funds to the Owner all amounts deposited in the related Custodial Account relating to the related Assets as of the close of business on the final Business Day of the related Collection Period, net of charges against and withdrawals from the Custodial Account permitted pursuant to this Agreement. (b) The Servicer shall remit the amounts described in this Section 2.5 by wire or ACH transfer of immediately available funds to the account designated by the Owner. (c) Upon payment of a Loan in full and receipt from the Owner or its agent of any documents or information necessary to effect such release, or upon any modifications or amendments or as otherwise appropriate in connection with the servicing by the Servicer, have prepared and file any necessary full or partial (as applicable) release or satisfaction documents, continue servicing of the Asset pending final settlement of full releasessettlement, and refund any of the Borrower deposits. (d) Make applicable Loan Rate adjustments in compliance with the related Asset Documents, Applicable Requirements and the Servicing Standard. The Servicer shall execute and deliver to the requisite Borrower all appropriate notices required by the related Asset Documents, Applicable Requirements and the Servicing Standard of applicable information regarding such interest rate adjustment, and methods of implementation of such interest rate adjustments and of all prepayments of any Asset hereunder by the Borrower. (e) Furnish reports in the format provided in Exhibit A-1 on or before the eighth (8th) Business Day of each calendar month and reports in the format provided in Exhibit A-2 A hereto on or before the tenth fifth (10th5th) Business Day of each calendar month, in each case with respect to the preceding Collection Period, and such other reports (or copies of reports) in the format and on the dates set forth in the related AppendicesAppendices or in the Operating Procedures, once adopted, or as otherwise mutually agreed by the parties during the period during which the Operating Procedures have not yet been adopted. (f) Perform such other customary duties and execute such other documents in connection with its duties hereunder as the Owner from time to time reasonably may require subject to the provisions of Section 2.5(g) hereof. (g) In the event the Owner or the FDIC requests the Servicer to provide any additional or special reports or data files or render other related services to the Owner or any third party, generally party in addition to those set forth in this Agreement as of the date of this Agreement or with respect to subgroups the Operating Procedures as of Assets or individual Assetsthe date of the agreement of the parties thereto, the Servicer shall use commercially reasonable efforts to promptly provide said reports, data files, or related services subject to the payment of a additional separate fee and/or fees or charges reasonably reflecting the additional costs and expense to Servicer, to be determined in advance and agreed upon to in advance writing by the Owner and the Servicer. The Servicer shall thereupon xxxx the requesting party for the cost of such reports, data files or related services including related delivery costs, in accordance with the negotiated fee schedule, shall thereupon be a part of the Servicing Fees hereunder. (h) Servicer shall provide Owner advance notice with respect to any single Servicing Advance (other than a Servicing Advance made pursuant to Section 2.3(j) for taxes or Section 2.3(k) for insurance) that exceeds $10,000, and provide Owner five (5) Business Days to provide notice of its objection to the Servicing Advance. Unless otherwise agreed by the Servicer Owner shall provide notice of its agreement or objection to such Servicing Advance as soon as practicable, and the Owner, the fees and costs for such reports or data files shall include billing for the time expended by the if its does not provide notice of an objection within five (5) Business Days of delivery of Servicer’s employees or contractors at a rate notice of $125 per hoursuch Servicing Advance, and it shall be deemed to have agreed to such Servicing Advance. Servicer shall not make any Out of Pocket Expenses incurred by the Servicer. Any fees or costs accrued Servicing Advance to which Owner objects in accordance with this Section 2.5(g) shall be payable upon invoice unless Servicer is required by Applicable Requirements to make such Servicing Advance. Notwithstanding the provisions of Section 10.10 of this Agreement, to the extent provided in an applicable Appendix or otherwise agreed by the Servicer parties, the notices required pursuant to the Ownerthis Section may be delivered via electronic mail, facsimile transmission or other means, and shall be recoverable as Servicing Advances hereunderdelivered to specific individuals with authority over such matters.

Accounting, Remittances and Owner Reporting. Unless otherwise provided in the applicable Appendix, the Servicer shall: (a) On each Servicer Remittance Date, remit by wire or ACH transfer of immediately available funds to the Owner all amounts deposited in the related Custodial Account relating to the related Assets as of the close of business on the final Business Day of the related Collection Period, net of charges against and withdrawals from the Custodial Account permitted pursuant to this Agreement. (b) The Servicer shall remit the amounts described in this Section 2.5 by wire or ACH transfer of immediately available funds to the account designated by the Owner. (c) Upon payment of a Loan in full and receipt from the Owner or its agent of any documents or information necessary to effect such release, or upon any modifications or amendments or as otherwise appropriate in connection with the servicing by the Servicer, have prepared and file any necessary full or partial (as applicable) release or satisfaction documents, continue servicing of the Asset pending final settlement of full releasessettlement, and refund any of the Borrower deposits. (d) Make applicable Loan Rate adjustments in compliance with the related Asset Documents, Applicable Requirements and the Servicing Standard. The Servicer shall execute and deliver to the requisite Borrower all appropriate notices required by the related Asset Documents, Applicable Requirements and the Servicing Standard of applicable information regarding such interest rate adjustment, and methods of implementation of such interest rate adjustments and of all prepayments of any Asset hereunder by the Borrower. (e) Furnish reports in the format provided in Exhibit A-1 on or before the eighth (8th) Business Day of each calendar month and reports in the format provided in Exhibit A-2 A hereto on or before the tenth fifth (10th5th) Business Day of each calendar month, in each case with respect to the preceding Collection Period, and such other reports (or copies of reports) in the format and on the dates set forth in the related Appendices. (f) Perform such other customary duties and execute such other documents in connection with its duties hereunder as the Owner from time to time reasonably may require subject to the provisions of Section 2.5(g) hereof. (g) In the event the Owner requests the Servicer to provide any additional or special reports or data files or render other related services to the Owner or any third party, generally or with respect to subgroups of Assets or individual Assets, the Servicer shall use commercially reasonable efforts to provide said reports, data files, or related services subject to the payment of a separate fee and/or costs to be determined and agreed upon in advance by the Owner and the Servicer. The Servicer shall thereupon xxxx the requesting party for the cost of such reports, data files or related services including related delivery costs, in accordance with the negotiated fee schedule. Unless otherwise agreed by the Servicer and the Owner, the fees and costs for such reports or data files shall include billing for the time expended by the Servicer’s employees or contractors at a rate of $125 per hour, and any Out of Pocket Expenses incurred by the Servicer. Any fees or costs accrued in accordance with this Section 2.5(g) shall be payable upon invoice by the Servicer to the Owner, and shall be recoverable as Servicing Advances hereunder.