Common use of Advances by the Master Servicer Clause in Contracts

Advances by the Master Servicer. (a) Not later than the close of business on the _______ Business Day preceding each Distribution Date, the Master Servicer shall remit to the Trustee for deposit in the Collection Account an amount, to be distributed on the related Distribution Date pursuant to Section 4.5(d), equal to the sum of (a) the interest accrued on each Mortgage Loan at the Mortgage Rate (or at such lower rate as may be in effect for such Mortgage Loan pursuant to application of the Civil Relief Act and/or any Debt Service Reduction) through the related Due Date, but not received as of the close of business on the Determination Date for such Distribution Date (net of the Servicing Fee) and (b) with respect to each REO Property which was acquired during or prior to the related Due Period and as to which a final disposition did not occur during the related Due Period, an amount equal to the excess, if any, of interest on the Principal Balance of such REO Property at the Net Rate for the most recently ended Due Period prior to the related Determination Date for the related Mortgage Loan over the net income from the REO Property transferred to the Collection Account for such Distribution Date pursuant to Section 3.4; such sum being defined herein as the "Monthly Advance." The Master Servicer may fund all or a portion of the Monthly Advance with respect to the Mortgage Loans by instructing the Trustee on such Determination Date to use funds deposited in the Collection Account which are not part of the Total Distribution Amount for the related Distribution Date; provided that if such funds are so used the Master Servicer shall replace such funds on or before any subsequent Determination Date on which such funds are required to be part of the Total Distribution Amount.

Advances by the Master Servicer. (a) Not later than the close of business on the _______ [second] Business Day preceding each Distribution Date, the Master Servicer shall remit to the Trustee for deposit in the Collection Account an amount, to be distributed on the related Distribution Date pursuant to Section 4.5(d4.4(d), equal to the sum of (a) the interest accrued on each Mortgage Loan at the Mortgage Rate (or at such lower rate as may be in effect for such Mortgage Loan pursuant to application of the Civil Relief Act and/or any Debt Service Reduction) through the related Due Date, but not received as of the close of business on the Determination Date for such Distribution Date (net of the Servicing Fee) and (b) with respect to each REO Property which was acquired during or prior to the related Due Period and as to which a final disposition did not occur during the related Due Period, an amount equal to the excess, if any, of interest on the Principal Balance of such REO Property at the Net Rate for the most recently ended Due Period prior to the related Determination Date for the related Mortgage Loan over the net income from the REO Property transferred to the Collection Account for such Distribution Date pursuant to Section 3.4; such sum being defined herein as the "Monthly Advance." The Master Servicer may fund all or a portion of the Monthly Advance with respect to the Mortgage Loans by instructing the Trustee on such Determination Date to use funds deposited in the Collection Account which are not part of the Total Distribution Amount for the related Distribution Date; provided that if such funds are so used the Master Servicer shall replace such funds on or before any subsequent Determination Date on which such funds are required to be part of the Total Distribution Amount.

Advances by the Master Servicer. (a) Not If, on any ------------------------------- Determination Date, the Master Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Master Servicer shall, to the extent it determines in good faith that such amounts will be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an advance on or before the related Advance Deposit Date in an amount equal to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payment that would have been due on the Mortgage Loans which have been foreclosed or otherwise terminated and, in connection therewith, the Master Servicer or the Trust Fund acquired and continues to own the Mortgaged Properties on behalf of the Certificate- holders. If the Master Servicer makes an Advance, it shall on or prior to such Advance Deposit Date deposit in the Distribution Account an amount equal to the Advance, if any. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. The Master Servicer shall be entitled to be reimbursed from funds in the Certificate Account for all Advances and Nonrecoverable Advances as provided in Section 5.09. The Master Servicer may make an Advance by: (i) depositing its own funds in the Certificate Account, (ii) applying funds that are not part of the Available Distribution Amount in respect of which the Advance is being made or (iii) effecting a combination of clauses (i) and (ii). Any portion of the funds so used pursuant to clause (ii) shall be replaced by the Master Servicer by deposit in the Certificate Account on or before 12:00 noon New York City time on the Business Day preceding any future Distribution Date to the extent that funds that are available in the Certificate Account on such date shall be less than the Available Distribution Amount for such Distribution Date. (b) If the Master Servicer determines not to make an Advance under the provisions of this Section, it shall on the related Advance Deposit Date furnish to the Trustee, the Certificate Insurer, the Surety and each Rating Agency written notice of such determination. In the event that the Master Servicer fails to make an Advance required to be made pursuant to Section 6.03(a) and such failure continues unremedied on the close of business on the Business Day prior to the related Distribution Date, the Trustee shall, on or before the related Distribution Date, deposit in the Distribution Account an amount equal to the excess of (i) Advances required to be made by the Master Servicer under Section 6.03(a) over (ii) the amount of Advances made by the Master Servicer or from the Reserve Fund established under Section 6.03(d) with respect to such Distribution Date; provided that the Trustee shall not be required to make such Advances if prohibited by law or regulation, or if it determines that such Advance would be a Nonrecoverable Advance. In the event the Trustee and the Paying Agent are not the same Person, the Paying Agent shall promptly notify the Trustee of all amounts transferred by the Master Servicer from the Certificate Account to the Distribution Account. The Trustee shall be entitled to be reimbursed from the Certificate Account in the manner provided by Section 5.09 for Advances and Nonrecoverable Advances made by it pursuant to this Section 6.03 in like manner as if it were the Master Servicer. (i) In the event that any Mortgage Loan is the subject of a Prepayment Interest Shortfall, the Master Servicer shall, to the extent of the Servicing Fee for such Distribution Date, deposit into the Certificate Account, as a reduction of the Servicing Fee (but not in excess thereof) for such Distribution Date, no later than the close of business on the _______ second Business Day preceding each Distribution Date, the Master Servicer shall remit to the Trustee for deposit in the Collection Account an amount, to be distributed on the related Distribution Date pursuant to Section 4.5(d), equal to the sum of (a) the interest accrued on each Mortgage Loan at the Mortgage Rate (or at such lower rate as may be in effect for such Mortgage Loan pursuant to application of the Civil Relief Act and/or any Debt Service Reduction) through the related Due Date, but not received as of the close of business on the Determination Date for such Distribution Date (net of the Servicing Fee) and (b) with respect to each REO Property which was acquired during or prior to the related Due Period and as to which a final disposition did not occur during the related Due PeriodDistribution Date, an amount equal to the excessPrepayment Interest Shortfall; and in the case of such deposit, the Master Servicer shall not be entitled to any recovery or reimbursement from the Company, the Trustee or the Certificateholders. Such deposited amount shall be part of the Available Distribution Amount for such Distribution Date. The balance, if any, of the Servicing Fee in respect of a month (after giving effect to the preceding paragraph) shall be deposited into the Certificate Account (as a reduction in the Servicing Fee) to the extent of the amount, if any, by which (i) the interest accrued on the Class A and Class B Certificates (calculated on the basis that the sum of the Class A Principal Balance and the Class B Principal Balance shall not be greater than the Pool Principal Balance at the end of such month) at the weighted average of the applicable Class A Pass-Through Rate and the Class B Pass-Through Rate for the related Accrual Period exceeds (ii) the interest due on the Mortgage Loans on the Due Date during such Accrual Period (calculated on the assumption that there were no prepayments of the Mortgage Loans during the month preceding such Due Date) at the then respective Net Mortgage Rates and during the Pre-Funding Period, one month's interest on the Principal Balance of such REO Property amount in the Pre- Funding Account at the weighted average Net Mortgage Rate for the most recently ended Due Period prior to the related Determination Date for the related Mortgage Loan over the net income from the REO Property transferred to the Collection Account for such Distribution Date pursuant to Section 3.4; such sum being defined herein as the "Monthly Advance." The Master Servicer may fund all or a portion of the Monthly Advance with respect to the Mortgage Loans by instructing the Trustee on such Determination Date to use funds Loans. Such deposited in the Collection Account which are not amount shall be part of the Total Available Distribution Amount for the Distribution Date following such month. The preceding sentence is intended to apply to the situation where, if the Class A and Class B Pass-Through Rates for an Accrual Period are equal to the related Alternate Certificate Rate, the amount in clause (i) could be greater than the amount in clause (ii) because interest will accrue on the Mortgage Loans on the basis of a year consisting of twelve 30-day months and interest on the Class A and Class B Certificates will accrue on the basis of the actual number of days in the Accrual Period (which could be more than 30) divided by 360. (d) The Trustee shall establish the Reserve Fund as an Eligible Account with itself, titled "Bankers Trust Company of California, N.A., as trustee for the benefit of the Holders of Mortgage Loan Asset Backed Pass-Through Certificates, Series 1996-D, Class A Certificates". Amounts available pursuant to clause (v) of Section 6.01(a) shall be deposited in the Reserve Fund until the amount therein equals $250,000. On each Distribution Date; provided , funds, if any, in the Reserve Fund will be applied by the Trustee to make any Advance required pursuant to Section 6.03(a) that if such funds are so used has not been made by the Master Servicer Servicer. Distributions of such amounts to holders of the Certificates pursuant to this Section 6.03(d) shall replace be deposited into the Distribution Account on such funds Distribution Date, shall be distributed pursuant to Section 6.01 on or before any subsequent Determination such Distribution Date on which such funds are required and shall be deemed to be part of the Total applicable Available Distribution Amount. The Reserve Fund shall be reinstated to $250,000 from deposits pursuant to clause (v) of Section 6.01(a) and from Late Collections attributable to Advances made from the Reserve Fund. If the Master Servicer or the Trustee is unable to transfer funds from the Certificate Account to the Distribution Account because of an insolvency of the Master Servicer, the Trustee shall make an advance to the Distribution Account to cover such shortfalls and shall be reimbursed for such advances from funds released from the Certificate Account. On the Distribution Date on which, after giving effect to the distributions to be made on such date (exclusive of the distribution of the Reserve Fund), the Class A Principal Balance will have been reduced to zero, the amount in the Reserve Fund shall be applied pursuant to Section 6.01(a) along with the related Available Distribution Amount for such Distribution Date. The Master Servicer shall direct the Trustee to invest moneys in the Reserve Fund in Eligible Investments, which shall mature not later than the Business Day next preceding the Advance Deposit Date next following the date of such investment and shall not be sold or disposed of prior to its maturity; provided, however, an Eligible Investment that is a money market fund administered by the Trustee or an affiliate thereof may mature on the Advance Deposit Date. The proceeds of the sale or other disposition of all Eligible Investments shall be deposited in the Reserve Fund. All such Eligible Investments shall be made in the name of the Trustee. All net income and gain realized from any such investment shall be applied to reinstate the Reserve Fund to the applicable limit specified in the preceding paragraph and then to be paid to the Master Servicer as additional servicing compensation. The amount of any losses incurred in respect of any such investments (to the extent not offset by income from other such investments) shall be deposited in the Reserve Fund by the Master Servicer out of its own funds immediately as realized; provided, however, that if the Trustee becomes Master Servicer, the Trustee shall not be required to deposit the amount of any loss incurred prior to its becoming Master Servicer.

Advances by the Master Servicer. (a) Not later than the close of business on the _______ [second] Business Day preceding each Distribution Date, the Master Servicer shall remit to the Trustee for deposit in the Collection Account an amount, to be distributed on the related Distribution Date pursuant to Section 4.5(d4.4(d), equal to the sum of (a) the interest accrued on each Mortgage Loan at the Mortgage Rate (or at such lower rate as may be in effect for such Mortgage Loan pursuant to application of the Civil Relief Act and/or any Debt Service Reduction) through the related Due Date, but not received as of the close of business on the Determination Date for such Distribution Date (net of the Servicing Fee) and (b) with respect to each REO Property which was acquired during or prior to the related Due Period and as to which a final disposition did not occur during the related Due Period, an amount equal to the excess, if any, of interest on the Principal Balance of such REO Property at the Net Rate for the most recently ended Due Period prior to the related Determination Date for the related Mortgage Loan over the net income from the REO Property transferred to the Collection Account for such Distribution Date pursuant to Section 3.4; such sum being defined herein as the "“Monthly Advance." ” The Master Servicer may fund all or a portion of the Monthly Advance with respect to the Mortgage Loans by instructing the Trustee on such Determination Date to use funds deposited in the Collection Account which are not part of the Total Distribution Amount for the related Distribution Date; provided that if such funds are so used the Master Servicer shall replace such funds on or before any subsequent Determination Date on which such funds are required to be part of the Total Distribution Amount. (b) Notwithstanding anything herein to the contrary, no Servicing Advance or Monthly Advance shall be required to be made hereunder if the Master Servicer determines that such Servicing Advance or Monthly Advance would, if made, constitute a Nonrecoverable Advance.

Advances by the Master Servicer. (a) Not later than the close of business on the _______ second Business Day preceding each Distribution Date, the Master Servicer shall remit to the Trustee for deposit in the Collection Account an amount, to be distributed on the related Distribution Date pursuant to Section 4.5(d), equal to the sum of (a) the interest accrued on each Mortgage Home Equity Loan at the Mortgage Rate (or at such lower rate as may be in effect for such Mortgage Home Equity Loan pursuant to application of the Civil Relief Act and/or any Debt Service Reduction) through the related Due Date, but not received as of the close of business on the Determination Date for such Distribution Date (net of the Servicing Fee) and (b) with respect to each REO Property which was acquired during or prior to the related Due Period and as to which a final disposition did not occur during the related Due Period, an amount equal to the excess, if any, of interest on the Principal Balance of such REO Property at the Net Rate for the most recently ended Due Period prior to the related Determination Date for the related Mortgage Home Equity Loan over the net income from the REO Property transferred to the Collection Account for such Distribution Date pursuant to Section 3.4; such sum being defined herein as the "Monthly Advance." The Master Servicer may fund all or a portion of the Monthly Advance with respect to the Mortgage Home Equity Loans by instructing the Trustee on such Determination Date to use funds deposited in the Collection Account which are not part of the Total Distribution Amount for the related Distribution Date; provided that if such funds are so used the Master Servicer shall replace such funds on or before any subsequent Determination Date on which such funds are required to be part of the Total Distribution Amount.