Common use of Advances by the Master Servicer Clause in Contracts

Advances by the Master Servicer. (a) Not later than the close of business three Business Days prior to each Distribution Date (a "Master Servicer Remittance Date"), the Master Servicer shall remit to the Trustee for deposit in the Distribution Account an amount to be distributed on such Distribution Date pursuant to Section 5.01, equal to the interest accrued on each Mortgage Loan up to the related Due Date for such Mortgage Loan in the preceding Due Period, but not received as of the close of business on the day preceding the related Determination Date (net of the Master Servicing Fee); such amount being defined herein as the "Monthly Advance". Such deposit of the Monthly Advance to the Distribution Account may be made in whole or in part from funds in the Collection Account being held for future distribution or withdrawal on or in connection with Distribution Dates in subsequent months. Any funds being held for future distribution to Certificateholders and so used shall be replaced by the Master Servicer from its own funds by deposit in the related Distribution Account on or before the Business Day preceding the next succeeding Master Servicer Remittance Date to the extent that such amounts have not been remitted to the Collection Account since such Monthly Advances were made. With respect to any Balloon Loan that is delinquent on its maturity date, the Master Servicer will continue to make Monthly Advances with respect to such Balloon Loan in an amount equal to one month's interest on the unpaid principal balance at the applicable Loan Rate (net of the Master Servicing Fee). The obligation to make Monthly Advances with respect to each Mortgage Loan shall continue until such Mortgage Loan becomes a Liquidated Mortgage Loan. (b) Notwithstanding anything herein to the contrary, no Servicing Advance or Monthly Advance (including, without limitation, Servicing Advances and Monthly Advances with respect to Balloon Loans) shall be required to be made hereunder if the Master Servicer determines, and provides the Trustee with a Servicing Certificate to the effect, that such Servicing Advance or Monthly Advance would, if made, constitute a Nonrecoverable Advance.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Provident Bank)

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Advances by the Master Servicer. Distribution Reports to -------------------------------------------------------- the Trustee. ------------ (a) Not later than To the close of business three Business Days prior to each Distribution Date (a "Master Servicer Remittance Date")extent described below, the Master Servicer shall remit is obligated to advance its own funds to the Trustee for deposit Certificate Account to cover any shortfall between (i) payments scheduled to be received in respect of Mortgage Loans, and (ii) the amounts actually deposited in the Distribution Certificate Account an amount on account of such payments. The Master Servicer's obligation to be distributed on such Distribution Date pursuant to make any advance or advances described in this Section 5.01, equal 4.02 is effective only to the interest accrued extent that such advance is, in the good faith judgment of the Master Servicer made on each or before the Business Day immediately following the Withdrawal Date, reimbursable from Insurance Proceeds or Liquidation Proceeds of the related Mortgage Loan up Loans or recoverable as late Monthly Payments with respect to the related Due Date for such Mortgage Loan in the preceding Due Period, but not received as of Loans or otherwise. Prior to the close of business on the day preceding Business Day immediately following each Withdrawal Date, the related Determination Master Servicer shall determine whether or not it will make a Monthly P&I Advance on the Business Day prior to the next succeeding Distribution Date (net in the event that the applicable Servicer fails to make such advances) and shall furnish a statement to the Trustee, the Paying Agent, if any, and to any Certificateholder requesting the same, setting forth the aggregate amount to be distributed on the next succeeding Distribution Date on account of principal and interest in respect of the Mortgage Loans, stated separately. In the event that full scheduled amounts of principal and interest in respect of the Mortgage Loans shall not have been received by or on behalf of the Master Servicing Fee); Servicer prior to such amount being defined herein as Determination Date and the "Master Servicer shall have determined that a Monthly Advance". Such deposit of the Monthly P&I Advance to the Distribution Account may shall be made in whole or accordance with this Section 4.02, the Master Servicer shall so specify and shall specify the aggregate amount of such advance. In the event that the Master Servicer shall be required to make a Monthly P&I Advance, it shall on the Business Day prior to the related Distribution Date either (i) deposit in part from the Certificate Account an amount equal to such Monthly P&I Advance, (ii) make an appropriate entry in the records of the Certificate Account that funds in the Collection Account such account being held for future distribution or withdrawal on have been, as permitted by this Section 4.02, used by the Master Servicer to make such Monthly P&I Advance, or (iii) make advances in connection with Distribution Dates in subsequent monthsthe form of any combination of (i) and (ii) aggregating the amount of such Monthly P&I Advance. Any funds being held for future distribution to Certificateholders and so used shall be replaced by the Master Servicer from its own funds by deposit in the related Distribution Certificate Account on or before the Business Day immediately preceding the next succeeding Master Servicer Remittance any future Distribution Date to the extent that funds in the Certificate Account on such amounts have not been remitted Distribution Date with respect to the Collection Account since Mortgage Loans shall be less than payments to Certificateholders required to be made on such Monthly Advances were made. With date with respect to any Balloon Loan that is delinquent on its maturity datethe Mortgage Loans. Under each Selling and Servicing Contract, the Master Servicer will continue is entitled to make Monthly Advances with respect to such Balloon Loan in an amount equal to one month's interest on receive from the unpaid principal balance at Custodial Accounts for P&I established by the Servicers amounts received by the applicable Loan Rate (net Servicers on particular Mortgage Loans as late payments of principal and interest or as Liquidation or Insurance Proceeds and respecting which the Master Servicing Fee)Servicer has made an unreimbursed advance of principal and interest. The obligation Master Servicer is also entitled to make receive other amounts from the related Custodial Accounts for P&I established by the Servicers to reimburse itself for prior Nonrecoverable Advances respecting Mortgage Loans serviced by such Servicers. The Master Servicer shall deposit these amounts in the Investment Account prior to withdrawal pursuant to Section 3.05. In accordance with Section 3.05, Monthly P&I Advances with respect are reimbursable to each Mortgage Loan the Master Servicer from cash in the Investment Account or the Certificate Account to the extent that the Master Servicer shall continue until determine that any such Mortgage Loan becomes a Liquidated Mortgage Loanadvances previously made are Nonrecoverable Advances pursuant to Section 4.03. (b) Notwithstanding anything herein Prior to the contraryNoon New York City time two Business Days prior to each Distribution Date, no Servicing Advance or Monthly Advance (including, without limitation, Servicing Advances and Monthly Advances with respect to Balloon Loans) shall be required to be made hereunder if the Master Servicer determines, and provides shall provide the Trustee with a Servicing Certificate to statement in writing regarding the effect, that such Servicing Advance or Monthly Advance wouldamounts, if madeany, constitute a Nonrecoverable Advanceto be withdrawn from the Reserve Fund pursuant to Section 3.17 and from the Class I-A-14 Rounding Account pursuant to Section 3.21, the amounts to be applied to repay any funds withdrawn from the Class I-A-14 Rounding Account on prior Distribution Dates pursuant to Section 3.21, and the amount of principal and interest, the Residual Distribution Amount and the Excess Liquidation Proceeds to be distributed to each Class of REMIC I Regular Interests and each Class of Certificates on such Distribution Date (such amounts to be determined in accordance with the definitions of "REMIC I Distribution Amount" and "REMIC II Distribution Amount," Section 4.01 and Section 4.04 hereof and other related definitions set forth in Article I hereof).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (PNC Mortgage Securities Corp)

Advances by the Master Servicer. (a) Not later than the ------------------------------- close of business three Business Days prior to each Distribution Date (a "Master Servicer Remittance Date"), the Master Servicer shall remit to the Trustee for deposit in the Distribution Account an amount to be distributed on such Distribution Date pursuant to Section 5.01, equal to the interest accrued on each Mortgage Loan up to through the related Due Date for such Mortgage Loan in the preceding Due PeriodDate, but not received as of the close of business on the day preceding the related Determination Date (net of the Master Servicing Fee); such amount being defined herein as the "Monthly Advance". Such deposit of the Monthly Advance to the Distribution Account may be made in whole or in part from funds in the Collection Account being held for future distribution or withdrawal on or in connection with Distribution Dates in subsequent months. Any funds being held for future distribution to Certificateholders and so used shall be replaced by the Master Servicer from its own funds by deposit in the related Distribution Account on or before the Business Day preceding the next succeeding Master Servicer Remittance Date to the extent that such amounts have not been remitted to the Collection Account since such Monthly Advances were made. With respect to any Balloon Loan that is delinquent on its maturity date, the Master Servicer will continue to make Monthly Advances with respect to such Balloon Loan in an amount equal to one month's interest on the unpaid principal balance at the applicable Loan Rate (net of the Master Servicing Fee). The obligation to make Monthly Advances with respect to each Mortgage Loan shall continue until such Mortgage Loan becomes a Liquidated Mortgage Loan. (b) Notwithstanding anything herein to the contrary, no Servicing Advance or Monthly Advance (including, without limitation, Servicing Advances and Monthly Advances with respect to Balloon Loans) shall be required to be made hereunder if the Master Servicer determines, and provides the Trustee with a Servicing Certificate to the effect, that such Servicing Advance or Monthly Advance would, if made, constitute a Nonrecoverable Advance.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Provident Bank)

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Advances by the Master Servicer. (a) Not later than the close of business three Business Days prior to each Distribution Date (a "Master Servicer Remittance If, on any ------------------------------- Determination Date"), the Master Servicer shall remit determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Master Servicer shall, to the Trustee 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 Certificateholders. If the Master Servicer makes an Advance, it shall on or prior to such Advance Deposit Date deposit in the Distribution Account an amount to be distributed on such Distribution Date pursuant to Section 5.01, equal to the interest accrued on each Mortgage Loan up Advance, if any. Any such Advance shall be included with the distribution to the related Due Date for such Mortgage Loan in the preceding Due Period, but not received as of the close of business Certificateholders on the day preceding the related Determination Date (net of the Distribution Date. The Master Servicing Fee); such amount being defined herein as the "Monthly Advance". Such deposit of the Monthly Advance Servicer shall be entitled to the Distribution Account may be made in whole or in part reimbursed from funds in the Collection Certificate Account for all Advances and Nonre- coverable 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 held for future distribution made or withdrawal on or in connection with Distribution Dates in subsequent months(iii) effecting a combination of clauses (i) and (ii). Any portion of the funds being held for future distribution to Certificateholders and so used pursuant to clause (ii) shall be replaced by the Master Servicer from its own funds by deposit in the related Distribution Certificate Account on or before 12:00 noon New York City time on the Business Day preceding the next succeeding Master Servicer Remittance any future Distribution Date to the extent that funds that are available in the Certificate Account on such amounts have not been remitted to date shall be less than the Collection Account since Available Distribution Amount for such Monthly Advances were made. With respect to any Balloon Loan that is delinquent on its maturity date, the Master Servicer will continue to make Monthly Advances with respect to such Balloon Loan in an amount equal to one month's interest on the unpaid principal balance at the applicable Loan Rate (net of the Master Servicing Fee). The obligation to make Monthly Advances with respect to each Mortgage Loan shall continue until such Mortgage Loan becomes a Liquidated Mortgage LoanDistribution Date. (b) Notwithstanding anything herein 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 contraryTrustee, no Servicing 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 or Monthly Advance (including, without limitation, Servicing Advances and Monthly Advances with respect to Balloon Loans) shall be required to be made hereunder if 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 determines, and provides 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 with a Servicing Certificate shall not be required to the effectmake such Advances if prohibited by law or regulation, or if it determines that such Servicing Advance or Monthly Advance would, if made, constitute 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 prior to the related Distribution Date, an amount equal to the Prepayment 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). Such deposited amount shall be part of the 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 199_-_, 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 $_______. On each Distribution Date, 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 has not been made by the Master Servicer. Distributions of such amounts to holders of the Certificates pursuant to this Section 6.03(d) shall be deposited into the Distribution Account on such Distribution Date, shall be distributed pursuant to Section 6.01 on such Distribution Date and shall be deemed to be part of the 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.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (MLCC Mortgage Investors Inc)

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