Common use of Advances by the Servicer Clause in Contracts

Advances by the Servicer. If, on any Determination Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 44 contracts

Samples: Pooling and Servicing Agreement (Chase Manhattan Acceptance Corp /De/), Pooling and Servicing Agreement (Chase Mortgage Finance Corp), Pooling and Servicing Agreement (Chase Mortgage Finance Corp)

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Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate 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 all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a "P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance"), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.16, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such AdvanceP&I Advances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer's obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease (i) for any Mortgage Loan and on any Remittance Date that the distribution of all Liquidation Proceeds and other payments or recoveries (including Insurance Proceeds and Condemnation Proceeds) occurs with respect to such Mortgage Loan or (ii) if the Servicer, in its good faith judgment, determines that P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer's Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 27 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-1ar), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-2ax), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-9ar)

Advances by the Servicer. If, on any Determination Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before two Business Days prior to the related Distribution 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to two Business Days prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, the Paying Agent and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 22 contracts

Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2007-S5), Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2007-S6), Pooling and Servicing Agreement (ChaseFlex Trust Series 2007-1)

Advances by the Servicer. If, on any Determination Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before two Business Days prior to the related Distribution 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to two Business Days prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, the Paying Agent and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09. If on any Distribution Date, the Servicer has not made any Advance due on such Distribution Date, the Backup Advancer shall make such Advance on such Distribution Date. The Backup Advancer shall be entitled to reimbursement for any Advances it has made in the same manner as the Servicer is entitled to reimbursement for Advances as set forth in this Agreement. Additionally, the Servicer shall, from its own funds, compensate the Backup Advancer for any Advance required to be made by the Backup Advancer at the current "prime" lending rate of Chase plus 2.00% per annum from the date such Advance was made up to the date the Backup Advancer is reimbursed.

Appears in 18 contracts

Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2005-A2), Pooling and Servicing Agreement (Chase Funding Inc), Pooling and Servicing Agreement (Chase Mortgage Finance Corp)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate 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 all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.16, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such AdvanceP&I Advances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease (i) for any Mortgage Loan and on any Remittance Date that the distribution of all Liquidation Proceeds and other payments or recoveries (including Insurance Proceeds and Condemnation Proceeds) occurs with respect to such Mortgage Loan or (ii) if the Servicer, in its good faith judgment, determines that P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 14 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs)

Advances by the Servicer. (a) If, on as of the end of any Determination DateCollection Period, the Servicer determines that payments received during such Collection Period by or on behalf of an Obligor in respect of a Receivable (other than a Purchased Receivable) shall be less than the related monthly payment, whether as a result of any Monthly Payments due on extension granted to the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds Obligor or otherwise, make an Advance on or before then, at the related Distribution Date in option of the Servicer, an amount equal to the product of the Principal Balance of such Receivable as of the first day of the related Collection Period and one-twelfth of its APR minus the amount of interest actually received on such delinquent Monthly PaymentsReceivable during such Collection Period (each, 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 an “Advance”) may be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which deposited by the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in into the Collection Account on the related Payment Date. If such a calculation in respect of a Receivable results in a negative number, an amount equal to such negative amount shall be paid to the Servicer in reimbursement of any outstanding Advances. In addition, in the event that a Receivable becomes a Defaulted Receivable, the amount of accrued and unpaid interest thereon (but not including interest for the current Collection Period) shall, up to the amount of outstanding Advances, be withdrawn from the Collection Account and paid to the Servicer in reimbursement of such outstanding Advances. No Advances will be made with respect to the Principal Balance of Receivables. The Servicer shall not be required to make an Advance to the extent that the Servicer, in its sole discretion, shall determine that such Advance is likely to become a Nonrecoverable Advance. (b) Notwithstanding the provisions of Section 5.07(a), the Servicer shall be entitled to reimbursement for an outstanding Advance made in respect of a Receivable, without interest, from the following sources with respect to such Receivable: (i) subsequent payments made by or on behalf of the related Obligor, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or Liquidation Proceeds and Recoveries and (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution DatePurchase Price. If the Servicer determines not to make that it has made a Nonrecoverable Advance, it the Servicer shall reimburse itself, without interest, from unrelated amounts received by the Servicer on or in respect of the Receivables (including Liquidation Proceeds and all amounts received by the Servicer in connection with the repossession and sale of a Financed Vehicle (whether or not the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances Receivable has been classified as provided in Section 5.09a Defaulted Receivable)).

Appears in 13 contracts

Samples: Sale and Servicing Agreement (California Republic Funding LLC), Sale and Servicing Agreement (California Republic Auto Receivables Trust 2018-1), Sale and Servicing Agreement (California Republic Auto Receivables Trust 2017-1)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each related Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate 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 all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled not have any obligation to be reimbursed from advance amounts in respect of shortfalls relating to the Collection Account for all Advances Servicemembers Civil Relief Act and Nonrecoverable Advances as provided in Section 5.09similar state and local laws.

Appears in 8 contracts

Samples: Purchase Agreement, Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2013-3), Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2013-1)

Advances by the Servicer. If, (a) Not later than 1:00 p.m. New York time on any Determination the Deposit Date related to each Payment Date, the Servicer determines that any shall remit to the Securities Administrator for deposit in the Payment Account an amount to be paid on the related Payment Date pursuant to Section 3.05 of the Indenture, equal to the Monthly Payments Payment due on each Mortgage Loan during the immediately preceding related Due Period, but not received as of the related Determination Date have not been received(net of the Servicing Fee) such amount being defined herein as the “Monthly Advance.” With respect to any Balloon Loan that is delinquent on its maturity date, the Servicer shall, unless it determines in its sole discretion that will continue to make Monthly Advances with respect to such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date Balloon Loan in an amount equal to one month’s interest on the amount unpaid principal balance at the applicable Loan Rate (net of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee) according to the original amortization schedule for such Mortgage Loan. For purposes of this Section 6.03The 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, the delinquent (i) no Servicing Advance or Monthly Payments referred to in the preceding sentence Advance shall be deemed required to include an amount equal be made hereunder if the Servicer determines that such Servicing Advance or Monthly Advance would, if made, constitute a Nonrecoverable Advance and (ii) no Monthly Advance or Servicing Advance shall be required with respect to Civil Relief Act Interest Shortfalls. (c) All Monthly Advances and Servicing Advances, including any Nonrecoverable Advances shall be reimbursed on a “first in, first out” (“FIFO”) basis. (d) So long as the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed Servicer is Ocwen Loan Servicing, LLC or otherwise terminated and in connection with which has long-term debt rated at least investment grade by one of the Rating Agencies, Monthly Advances may be made by the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, from its own funds or (ii) from the Collection Account, to the extent of funds held therein for future distribution (in which case it will cause to be made an appropriate entry in the records of the Collection Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.033.15, used by the Servicer to make in discharge of any such Advance Monthly Advance) or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the total amount of such AdvanceMonthly Advances to be made by the Servicer with respect to the Mortgage Loans and REO Properties. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be appropriately reflected in the Servicer’s records and replaced by the Servicer from its own funds by deposit into in the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution next Deposit Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 8 contracts

Samples: 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)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate 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 all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a "P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance"), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer's obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer's Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 7 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Se 2002-1a), Mortgage Loan Sale and Servicing Agreement (Structured Asset Securities Corp Mort Pas-THR Cert Ser 2002-), Mortgage Loan Sale and Servicing Agreement (Structured Asset Securities Corp)

Advances by the Servicer. If, (a) Not later than 1:00 p.m. New York time on any Determination the Deposit Date related to each Distribution Date, the Servicer determines that any Monthly Payments due shall remit to the Trustee for deposit in the Distribution Account an amount to be distributed on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date pursuant to Section 5.01, equal to the Monthly Payment due on each Mortgage Loan during the related Due Period, but not received as of the related Determination Date (net of the Servicing Fee) such amount being defined herein as the “Monthly Advance”. With respect to any Balloon Loan that is delinquent on its maturity date, the Servicer will continue to make Monthly Advances with respect to such Balloon Loan in an amount equal to one month’s interest on the amount unpaid principal balance at the applicable Loan Rate (net of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee) according to the original amortization schedule for such Mortgage Loan. For purposes of this Section 6.03The 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, the delinquent (i) no Servicing Advance or Monthly Payments referred to in the preceding sentence Advance shall be deemed required to include an amount equal be made hereunder if the Servicer determines that such Servicing Advance or Monthly Advance would, if made, constitute a Nonrecoverable Advance and (ii) no Monthly Advance or Servicing Advance shall be required with respect to Civil Relief Act Interest Shortfalls. (c) All Monthly Advances and Servicing Advances, including any Nonrecoverable Advances shall be reimbursed on a first in, first out basis. (d) So long as the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed Servicer is Ocwen Federal Bank FSB or otherwise terminated and in connection with which has long-term debt rated at least investment grade by one of the Rating Agencies, Monthly Advances may be made by the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, from its own funds or (ii) from the Collection Account, to the extent of funds held therein for future distribution (in which case it will cause to be made an appropriate entry in the records of the Collection Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.033.15, used by the Servicer to make in discharge of any such Advance Monthly Advance) or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the total amount of such AdvanceMonthly Advances to be made by the Servicer with respect to the Mortgage Loans and REO Properties. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be appropriately reflected in the Servicer’s records and replaced by the Servicer from its own funds by deposit into in the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution next Deposit Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Renaissance Mort Accept Corp Home Equity Ln as Bk Ce Se 03-3), Pooling and Servicing Agreement (Renaissance Mort Accept Corp Home Equity Ln as Bk Ce Se 03-3), Pooling and Servicing Agreement (Renaissance Home Equity Loan Trust 2003-4)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each related Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate 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 all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a "P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance"), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer's obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer's Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 4 contracts

Samples: Flow Mortgage Loan Sale and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust), Flow Mortgage Loan Sale and Servicing Agreement (Lehman Sarm 2005-5), Flow Mortgage Loan Sale and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2004-14)

Advances by the Servicer. If, on any Determination On each Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate 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 all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.16, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such AdvanceP&I Advances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease (i) for any Mortgage Loan and on any Remittance Date that the distribution of all Liquidation Proceeds and other payments or recoveries (including Insurance Proceeds and Condemnation Proceeds) occurs with respect to such Mortgage Loan or (ii) if the Servicer, in its good faith judgment, determines that P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 4 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-13), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar)

Advances by the Servicer. IfThe Servicer shall deposit in the related Collection Account at the time described below an amount equal to with respect to the Mortgage Loans, all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate and Credit Risk Manager Fee Rate) which were due on the related Mortgage Loans during the applicable Collection Period; provided however, that with respect to any Determination DateBalloon Loan that is delinquent on its maturity date, the Servicer will not be required to advance the related balloon payment but will be required to continue to make advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). The Servicer’s obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to the terms of this Agreement. The Servicer shall not be required to advance shortfalls of principal or interest resulting from the application of the Relief Act. The Servicer shall be obligated to make Advances with respect to those Mortgage Loans serviced by it in accordance with the provisions of this Agreement; provided however, that such obligation with respect to any related Mortgage Loan shall cease if the Servicer determines, in its sole discretion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch Advances are Nonrecoverable Advances, the Servicer shall, unless it determines in its sole discretion that shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make determination. If an Advance on or before the related Distribution Date in an amount equal is required to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution the applicable Servicer Remittance Date immediately following the Determination Date either (i) deposit in the related Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the such Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent the next Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09due.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mor Acc Cor Ho Eq Asset Tr 2002-5), Pooling and Servicing Agreement (CSFB Mortgage Sec Corp Hm Equ Pass THR Cert Ser 2003-2), Pooling and Servicing Agreement (CSFB Mortgage Sec Corp Home Eq Pass THR Certs Ser 2003-1)

Advances by the Servicer. IfEach Servicer shall deposit in a Collection Account an amount equal to all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due but not received on the related Mortgage Loans during the applicable Due Period; provided however, that with respect to any Balloon Loan that is delinquent on any Determination Dateits maturity date, the related Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before required to advance the related Distribution Date balloon payment but will be required to continue to make Advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). The related Servicer will not be required, however, to make any Advances with respect to reductions in the amount of the Scheduled Payments on the Mortgage Loans due to bankruptcy proceedings or the application of the Relief Act. Each Servicer’s obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or through the date that the related Mortgaged Property has, in the judgment of such Servicer, been completely liquidated; provided however, that such obligation with respect to any related Mortgage Loan shall cease if such Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances; provided that the related Servicer will be required to make Advances until the earlier of (i) the time at which the related Mortgage Loan becomes 120 days delinquent Monthly Paymentsor (ii) the time at which the related Servicer determines that such Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that such Servicer determines that any such Advances are Nonrecoverable Advances, after adjustment of any delinquent interest payment for such Servicer shall provide the Trustee with a certificate signed by a Servicing FeeOfficer evidencing such determination. For purposes of this Section 6.03If an Advance is required to be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the related Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such the second Business Day immediately preceding the Distribution Date immediately following the related Determination Date either (i) deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the related Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the related Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determinationdue. The related Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances of its own funds made pursuant to this Section as provided in Section 5.093.08.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Home Equity Mortgage Trust 2006-5), Pooling and Servicing Agreement (Home Equity Mortgage Pass-Through Certificates, Series 2006-4), Pooling and Servicing Agreement (Home Equity Mortgage Pass-Through Certificates, Series 2006-3)

Advances by the Servicer. IfThe Servicer shall deposit in the related Collection Account at the time described below an amount equal to (i) with respect to the Mortgage Loans other than the Simple Interest Mortgage Loans, all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due on any the related Mortgage Loans during the applicable Due Period and (ii) with respect to the Simple Interest Mortgage Loans, 30 day's interest on each such Mortgage Loan, less the Servicing Fee, which were delinquent at the close of business on the immediately preceding Determination Date; provided however, that with respect to any Balloon Loan that is delinquent on its maturity date, the related Servicer will not be required to advance the related balloon payment but will be required to continue to make advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). The Servicer's obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to the terms of this Agreement. To the extent required by Accepted Servicing Practices, the Servicer shall be obligated to make Advances with respect to those Mortgage Loans serviced by it in accordance with the provisions of this Agreement; provided however, that such obligation with respect to any related Mortgage Loan shall cease if the Servicer determines, in its sole discretion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch advances are Nonrecoverable Advances, the Servicer shall, unless it determines in its sole discretion that shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make determination. If an Advance on or before the related Distribution Date in an amount equal is required to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution the applicable Servicer Remittance Date immediately following the Determination Date either (i) deposit in the related Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the such Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09due.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (CSFB Mortgage Pass Through Certificates Series 2001-He16), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp), Pooling and Servicing Agreement (CSFB Abs Trust Series 2001 He12)

Advances by the Servicer. If, (a) Not later than 1:00 p.m. New York time on any Determination the Deposit Date related to each Distribution Date, the Servicer determines that any Monthly Payments due shall remit to the Trustee for deposit in the Distribution Account an amount to be distributed on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date pursuant to Section 5.01, equal to the Monthly Payment due on each Mortgage Loan during the related Due Period, but not received as of the related Determination Date (net of the Servicing Fee) such amount being defined herein as the "Monthly Advance"; provided, however that if the amount of Available Funds withdrawn from the Collection Account on the third Business Day before such Distribution Date is less than the Guaranteed Distributions for such Distribution Date, on such third Business Day the Servicer shall remit to the Trustee for deposit in the Distribution Account such portion of the aggregate Monthly Advance for the Distribution Date as shall be necessary to eliminate the shortfall. With respect to any Balloon Loan that is delinquent on its maturity date, the Servicer will continue to make Monthly Advances with respect to such Balloon Loan in an amount equal to one month's interest on the amount unpaid principal balance at the applicable Loan Rate (net of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee) according to the original amortization schedule for such Mortgage Loan. For purposes of this Section 6.03The 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, the delinquent no Servicing Advance or Monthly Payments referred to in the preceding sentence Advance shall be deemed required to include an amount equal to be made hereunder if the Servicer determines that such Servicing Advance or Monthly Payments that would have been due Advance would, if made, constitute a Nonrecoverable Advance. (c) All Monthly Advances and Servicing Advances, including any Nonrecoverable Advances shall be reimbursed on Mortgage Loans which have been foreclosed a first in, first out basis. (d) So long as the Servicer is Countrywide Home Loans, Inc. or otherwise terminated and in connection with which has long-term debt rated at least investment grade by one of the Rating Agencies, Monthly Advances may be made by the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, from its own funds or (ii) from the Collection Account, to the extent of funds held therein for future distribution (in which case it will cause to be made an appropriate entry in the records of the Collection Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.033.15, used by the Servicer to make in discharge of any such Advance Monthly Advance) or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the total amount of such AdvanceMonthly Advances to be made by the Servicer with respect to the Mortgage Loans and REO Properties. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be appropriately reflected in the Servicer's records and replaced by the Servicer from its own funds by deposit into in the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution next Deposit Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Delta Funding Home Equity Loan Trust 2000-4), Pooling and Servicing Agreement (Delta Funding Corp /De/), Pooling and Servicing Agreement (Delta Fund Hm Equ Ln 2000-2 Hm Equ Ln Ass BKD CRT Ser 2000-2)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each related Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate 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 all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a "P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance"), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer's obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer's Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled not have any obligation to be reimbursed from advance amounts in respect of shortfalls relating to the Collection Account for all Advances Servicemembers Civil Relief Act and Nonrecoverable Advances as provided in Section 5.09similar state and local laws.

Appears in 3 contracts

Samples: Flow Mortgage Loan Sale and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-21), Flow Mortgage Loan Sale and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-18), Flow Mortgage Loan Sale and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-17)

Advances by the Servicer. If, The Servicer shall deposit in the Collection Account an amount equal to all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due on any the related Mortgage Loans during the applicable Due Period and which were delinquent at the close of business on the immediately preceding Determination Date. The Servicer's obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or through the date that the related Mortgaged Property has, in the judgment of the Servicer, been completely liquidated. The Servicer shall be obligated to make Advances in accordance with the provisions of this Agreement; provided however, that such obligation with respect to any related Mortgage Loan shall cease if the Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch advances are Nonrecoverable Advances, the Servicer shall, unless it determines in its sole discretion that shall provide the Trustee and the Certificate Insurer with a certificate signed by a Servicing Officer evidencing such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make determination. If an Advance is required to be made hereunder, the Servicer shall on or before the second Business Day immediately preceding the Distribution Date immediately following the related Distribution 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Determination Date either (i) deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09due.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp), Pooling and Servicing Agreement (DLJ Mortgage Acceptance Corp), Pooling and Servicing Agreement (DLJ Mortgage Acceptance Corp)

Advances by the Servicer. IfEach Servicer shall deposit in a Collection Account an amount equal to all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due but not received on the related Mortgage Loans during the applicable Due Period; provided however, that with respect to any Balloon Loan that is delinquent on any Determination Dateits maturity date, the related Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before required to advance the related Distribution Date balloon payment but will be required to continue to make Advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the amount original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). Each Servicer’s obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or through the date that the related Mortgaged Property has, in the judgment of such Servicer, been completely liquidated; provided however, that such obligation with respect to any related Mortgage Loan shall cease if such Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances; provided that the related Servicer will be required to make Advances until the earlier of (i) the time at which the related Mortgage Loan becomes 120 days delinquent Monthly Paymentsor (ii) the time at which the related Servicer determines that such Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that such Servicer determines that any such Advances are Nonrecoverable Advances, after adjustment of any delinquent interest payment for such Servicer shall provide the Trustee with a certificate signed by a Servicing FeeOfficer evidencing such determination. For purposes of this Section 6.03If an Advance is required to be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the related Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such the second Business Day immediately preceding the Distribution Date immediately following the related Determination Date either (i) deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the related Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the related Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determinationdue. The related Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances of its own funds made pursuant to this Section as provided in Section 5.093.08.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Home Equity Mortgage Trust 2005-5), Pooling and Servicing Agreement (CSFB Home Equity Mortgage Trust 2005-3), Pooling and Servicing Agreement (Home Equity Mortgage Trust 2005-5)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate 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 all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 3 contracts

Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-24), Servicing Agreement (Structured Asset Securities Corp Mor Pa Th Ce Se 2002 23xs), Servicing Agreement (Structured Asset Securities Co Mor Pass-THR Cer Ser 2002-19)

Advances by the Servicer. If, (a) Not later than 1:00 p.m. New York time on any Determination the Deposit Date related to each Distribution Date, the Servicer determines that any Monthly Payments due shall remit to the Trustee for deposit in the Distribution Account an amount to be distributed on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date pursuant to Section 5.01, equal to the Monthly Payment due on each Mortgage Loan during the related Due Period, but not received as of the related Determination Date (net of the Servicing Fee) such amount being defined herein as the “Monthly Advance”; provided, however that if the amount of Available Funds withdrawn from the Collection Account on the third Business Day before such Distribution Date is less than the Guaranteed Distributions for such Distribution Date, on such third Business Day the Servicer shall remit to the Trustee for deposit in the Distribution Account such portion of the aggregate Monthly Advance for the Distribution Date as shall be necessary to eliminate the shortfall. With respect to any Balloon Loan that is delinquent on its maturity date, the Servicer will continue to make Monthly Advances with respect to such Balloon Loan in an amount equal to one month’s interest on the amount unpaid principal balance at the applicable Loan Rate (net of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee) according to the original amortization schedule for such Mortgage Loan. For purposes of this Section 6.03The 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, the delinquent (i) no Servicing Advance or Monthly Payments referred to in the preceding sentence Advance shall be deemed required to include an amount equal be made hereunder if the Servicer determines that such Servicing Advance or Monthly Advance would, if made, constitute a Nonrecoverable Advance and (ii) no Monthly Advance or Servicing Advance shall be required with respect to Civil Relief Act Interest Shortfalls. (c) All Monthly Advances and Servicing Advances, including any Nonrecoverable Advances shall be reimbursed on a first in, first out basis. (d) So long as the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed Servicer is Ocwen Federal Bank FSB or otherwise terminated and in connection with which has long-term debt rated at least investment grade by one of the Rating Agencies, Monthly Advances may be made by the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, from its own funds or (ii) from the Collection Account, to the extent of funds held therein for future distribution (in which case it will cause to be made an appropriate entry in the records of the Collection Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.033.15, used by the Servicer to make in discharge of any such Advance Monthly Advance) or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the total amount of such AdvanceMonthly Advances to be made by the Servicer with respect to the Mortgage Loans and REO Properties. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be appropriately reflected in the Servicer’s records and replaced by the Servicer from its own funds by deposit into in the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution next Deposit Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Renaissance Mort Accept Corp Home Eq Ln as Bk Cer Se 03 1), Pooling and Servicing Agreement (Renaissance Home Equity Loan Tr Asset BKD Cer Series 2002-3), Pooling and Servicing Agreement (Renaissance Home Equity Loan Tr Asset BKD Cer Ser 2002-4)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each related Remittance Date, the Servicer determines that any shall either (a) deposit in the Custodial Account from its own funds an amount equal to (i) except in the case of Option ARM Mortgage Loans, the aggregate amount of all Monthly Payments (with interest adjusted to the Mortgage Loan Remittance Rate) which were due on the immediately preceding Mortgage Loans during the applicable Due Date have not been receivedPeriod and (ii) in the case of such Option ARM Mortgage Loans, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in an amount equal to the aggregate amount of all scheduled payments of interest payable by the Mortgagor under the related Mortgage Note during the applicable Due Period in each case, which were delinquent at the close of business on the immediately preceding Determination Date (each such delinquent Monthly Paymentsadvance, 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac5), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac6)

Advances by the Servicer. If, on any Determination Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before two Business Days prior to the related Distribution 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Related Certificateholders. If the Servicer makes an Advance, it shall on or prior to two Business Days prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Related Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, the Paying Agent and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2007-A2), Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2007-A1)

Advances by the Servicer. If, on any Determination Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-co- trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Corp), Pooling and Servicing Agreement (Chase Mortgage Finance Corp)

Advances by the Servicer. IfEach Servicer shall deposit in the related Collection Account at the time described below an amount equal to with respect to the Mortgage Loans, on any Determination Date, all Scheduled Payments (with interest at the Servicer determines that any Monthly Payments Mortgage Rate less the Servicing Fee Rate and Credit Risk Manager Fee Rate) which were due on the immediately preceding Due Date have not been receivedrelated Mortgage Loans during the applicable Collection Period; provided however, the that with respect to any Balloon Loan that is delinquent on its maturity date, a Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before required to advance the related Distribution Date balloon payment but will be required to continue to make advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the amount original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). Each Servicer’s obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such delinquent Monthly PaymentsMortgage Loan, after adjustment of any delinquent interest payment for or the Servicing Fee. For purposes related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to the terms of this Section 6.03Agreement. The Servicers shall not be required to advance shortfalls of principal or interest resulting from the application of the Relief Act. Each Servicer shall be obligated to make Advances with respect to those Mortgage Loans serviced by it in accordance with the provisions of this Agreement; provided however, that such obligation with respect to any related Mortgage Loan shall cease if the related Servicer determines, in its sole discretion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the related Servicer determines that any such Advances are Nonrecoverable Advances, such Servicer shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such determination. If an Advance is required to be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the related Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution the applicable Servicer Remittance Date immediately following the Determination Date either (i) deposit in the related Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the such Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the such Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the related Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent the next Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09due.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (CSFB Home Equity Pass Through Certs Ser 2003-4), Pooling and Servicing Agreement (CSFB Mortgage Sec Corp Home Eq Asset Trust 2003-6)

Advances by the Servicer. If, (a) Not later than 1:00 p.m. New York time on any Determination the Deposit Date related to each Distribution Date, the Servicer determines that any Monthly Payments due shall remit to the Trustee for deposit in the Distribution Account an amount to be distributed on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date pursuant to Section 5.01, equal to the Monthly Payment due on each Mortgage Loan during the related Due Period, but not received as of the related Determination Date (net of the Servicing Fee) such amount being defined herein as the "Monthly Advance"; provided, however that if the amount of Available Funds withdrawn from the Collection Account on the third Business Day before such Distribution Date is less than the Guaranteed Distributions for such Distribution Date, on such third Business Day the Servicer shall remit to the Trustee for deposit in the Distribution Account such portion of the aggregate Monthly Advance for the Distribution Date as shall be necessary to eliminate the shortfall. With respect to any Balloon Loan that is delinquent on its maturity date, the Servicer will continue to make Monthly Advances with respect to such Balloon Loan in an amount equal to one month's interest on the amount unpaid principal balance at the applicable Loan Rate (net of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee) according to the original amortization schedule for such Mortgage Loan. For purposes of this Section 6.03The 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, the delinquent (i) no Servicing Advance or Monthly Payments referred to in the preceding sentence Advance shall be deemed required to include an amount equal be made hereunder if the Servicer determines that such Servicing Advance or Monthly Advance would, if made, constitute a Nonrecoverable Advance and (ii) no Monthly Advance or Servicing Advance shall be required with respect to Civil Relief Act Interest Shortfalls. (c) All Monthly Advances and Servicing Advances, including any Nonrecoverable Advances shall be reimbursed on a first in, first out basis. (d) So long as the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed Servicer is Ocwen Federal Bank FSB or otherwise terminated and in connection with which has long-term debt rated at least investment grade by one of the Rating Agencies, Monthly Advances may be made by the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, from its own funds or (ii) from the Collection Account, to the extent of funds held therein for future distribution (in which case it will cause to be made an appropriate entry in the records of the Collection Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.033.15, used by the Servicer to make in discharge of any such Advance Monthly Advance) or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the total amount of such AdvanceMonthly Advances to be made by the Servicer with respect to the Mortgage Loans and REO Properties. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be appropriately reflected in the Servicer's records and replaced by the Servicer from its own funds by deposit into in the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution next Deposit Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Delta Funding Corp /De/), Pooling and Servicing Agreement (Renaissance Home Equity Loan Asset-BKD Cert Series 2002-1)

Advances by the Servicer. If, (a) Not later than 1:00 p.m. New York time on any Determination the Deposit Date related to each Distribution Date, the Servicer determines that any Monthly Payments due shall remit to the Trustee for deposit in the Distribution Account an amount to be distributed on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date pursuant to Section 5.01, equal to the Monthly Payment due on each Mortgage Loan during the related Due Period, but not received as of the related Determination Date (net of the Servicing Fee) such amount being defined herein as the “Monthly Advance”. With respect to any Balloon Loan that is delinquent on its maturity date, the Servicer will continue to make Monthly Advances with respect to such Balloon Loan in an amount equal to one month’s interest on the amount unpaid principal balance at the applicable Loan Rate (net of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee) according to the original amortization schedule for such Mortgage Loan. For purposes of this Section 6.03The 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, the delinquent (i) no Servicing Advance or Monthly Payments referred to in the preceding sentence Advance shall be deemed required to include an amount equal be made hereunder if the Servicer determines that such Servicing Advance or Monthly Advance would, if made, constitute a Nonrecoverable Advance and (ii) no Monthly Advance or Servicing Advance shall be required with respect to Civil Relief Act Interest Shortfalls. (c) All Monthly Advances and Servicing Advances, including any Nonrecoverable Advances shall be reimbursed on a first in, first out basis. (d) So long as the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed Servicer is Ocwen Federal Bank FSB or otherwise terminated and in connection with which has long-term debt rated at least investment grade by one of the Rating Agencies, Monthly Advances may be made by the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, from its own funds or (ii) from the Collection Account, to the extent of funds held therein for future distribution (in which case it will cause to be made an appropriate entry in the records of the Collection Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.033.15, used by the Servicer to make in discharge of any such Advance Monthly Advance) or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the total amount of such AdvanceMonthly Advances to be made by the Servicer with respect to the Mortgage Loans and REO Properties. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be appropriately reflected in the Servicer’s records and replaced by the Servicer from its own funds by deposit into in the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution next Deposit Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Home Equity Loan Asset-Backed Certificates Series 2003-2), Pooling and Servicing Agreement (Home Equity Loan Asset-Backed Certificates Series 2003-2)

Advances by the Servicer. IfWith respect to the Mortgage Loans, the Servicer shall deposit in the Collection Account as Advances an amount equal to all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due on any such Mortgage Loans serviced by it during the applicable Collection Period and which were delinquent (under the MBA method) at the close of business on the immediately preceding Determination Date; provided, however, that with respect to any Balloon Loan that is delinquent on its maturity date, the Servicer shall not be required to advance the related balloon payment but shall be required to continue to make Advances in accordance with this Section 5.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate) to the extent the Servicer deems such amount to be recoverable. The Servicer’s obligation to make such Advances as to any related Mortgage Loan shall continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or through the date that the related Mortgaged Property has, in the judgment of the Servicer, been completely liquidated. The Servicer shall not be required to advance shortfalls of principal or interest resulting from the application of the Relief Act. The Servicer will be obligated to advance or cause to be advanced to the Trustee, from time to time, from (i) its own funds, (ii) funds in the Collection Account that are not required to make payments to the Certificateholders for such Distribution Date or (iii) a combination of (i) and (ii), Advances and Servicing Advances. In addition, the servicer may reimburse itself for any unreimbursed Advances and Servicing Advances to the extent of funds held in the collection account for future distribution that were not required to make payments to the Certificateholders for such Distribution Date (provided that such amounts must be deposited into the Collection Account prior to the next Cash Remittance Date on which such amounts are to be included in the distribution for the related Distribution Date). With respect to any Mortgage Loan, to the extent required by Accepted Servicing Practices, the Servicer shall be obligated to make Advances in accordance with the provisions of this Agreement; provided, however, that such obligation with respect to any related Mortgage Loan shall cease if the Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch Advances are Nonrecoverable Advances, the Servicer shallshall provide the Trustee with a certificate signed by a Servicing Officer evidencing such determination. With respect to any of the Mortgage Loans, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make if an Advance on or before is required to be made hereunder by the related Distribution 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 6.03Servicer, the delinquent Monthly Payments referred to in the preceding sentence Servicer shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution 12:00 Noon, New York City time, on the Cash Remittance Date either (i) deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.035.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds would be due or from other funds in the such Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the being held for future distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09at that time.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (CSMC Asset-Backed Trust 2007-Nc1), Pooling and Servicing Agreement (CSMC Asset-Backed Trust 2007-Nc1)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each related Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate 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 all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Owner required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Owner, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled not have any obligation to be reimbursed from advance amounts in respect of shortfalls relating to the Collection Account for all Advances Service members Civil Relief Act and Nonrecoverable Advances as provided in Section 5.09similar state and local laws.

Appears in 2 contracts

Samples: Flow Mortgage Loan Servicing Rights Sale and Servicing Agreement (Sequoia Mortgage Trust 2012-1), Flow Mortgage Loan Servicing Rights Sale and Servicing Agreement (Sequoia Mortgage Trust 2011-2)

Advances by the Servicer. IfThe Servicer shall deposit in the related Collection Account at the time described below an amount equal to (i) with respect to the Mortgage Loans other than the Simple Interest Mortgage Loans, all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate and Loss Mitigation Advisor Fee Rate) which were due on any the related Mortgage Loans during the applicable Due Period and (ii) with respect to the Simple Interest Mortgage Loans, 30 day's interest on each such Mortgage Loan, less the Servicing Fee, which were delinquent at the close of business on the immediately preceding Determination Date; provided however, that with respect to any Balloon Loan that is delinquent on its maturity date, the Servicer will not be required to advance the related balloon payment but will be required to continue to make advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). The Servicer's obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to the terms of this Agreement. To the extent required by Accepted Servicing Practices, the Servicer shall be obligated to make Advances with respect to those Mortgage Loans serviced by it in accordance with the provisions of this Agreement; provided however, that such obligation with respect to any related Mortgage Loan shall cease if the Servicer determines, in its sole discretion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch advances are Nonrecoverable Advances, the Servicer shall, unless it determines in its sole discretion that shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make determination. If an Advance on or before the related Distribution Date in an amount equal is required to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution the applicable Servicer Remittance Date immediately following the Determination Date either (i) deposit in the related Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the such Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09due.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (CSFB Mortgage Pass-Thru Cert Series 2001-He17), Pooling and Servicing Agreement (CSFB Mortgage Pass Through Certificates Series 2001 He20)

Advances by the Servicer. If, (a) Not later than 1:00 p.m. New York time on any Determination the Deposit Date related to each Distribution Date, the Servicer determines that any Monthly Payments due shall remit to the Securities Administrator for deposit in the Distribution Account an amount to be distributed on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date pursuant to Section 5.01, equal to the Monthly Payment due on each Mortgage Loan during the related Due Period, but not received as of the related Determination Date (net of the Servicing Fee) such amount being defined herein as the “Monthly Advance.” With respect to any Balloon Loan that is delinquent on its maturity date, the Servicer will continue to make Monthly Advances with respect to such Balloon Loan in an amount equal to one month’s interest on the amount unpaid principal balance at the applicable Loan Rate (net of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee) according to the original amortization schedule for such Mortgage Loan. For purposes of this Section 6.03The 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, the delinquent (i) no Servicing Advance or Monthly Payments referred to in the preceding sentence Advance shall be deemed required to include an amount equal be made hereunder if the Servicer determines that such Servicing Advance or Monthly Advance would, if made, constitute a Nonrecoverable Advance and (ii) no Monthly Advance or Servicing Advance shall be required with respect to Civil Relief Act Interest Shortfalls. (c) All Monthly Advances and Servicing Advances, including any Nonrecoverable Advances shall be reimbursed on a “first in, first out” (“FIFO”) basis. (d) So long as the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed Servicer is Ocwen Loan Servicing, LLC or otherwise terminated and in connection with which has long-term debt rated at least investment grade by one of the Rating Agencies, Monthly Advances may be made by the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, from its own funds or (ii) from the Collection Account, to the extent of funds held therein for future distribution (in which case it will cause to be made an appropriate entry in the records of the Collection Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.033.15, used by the Servicer to make in discharge of any such Advance Monthly Advance) or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the total amount of such AdvanceMonthly Advances to be made by the Servicer with respect to the Mortgage Loans and REO Properties. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be appropriately reflected in the Servicer’s records and replaced by the Servicer from its own funds by deposit into in the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution next Deposit Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Renaissance Home Equity Loan Trust 2007-3), Pooling and Servicing Agreement (Renaissance Home Equity Loan Trust 2007-3)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each related Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate 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 all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Owner required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Owner, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled not have any obligation to be reimbursed from advance amounts in respect of shortfalls relating to the Collection Account for all Advances Servicemembers Civil Relief Act and Nonrecoverable Advances similar state and local laws. 17. The Flow Sale and Servicing Agreement is modified by adding a new Subsection 11.25 which reads as provided in Section 5.09.follows:

Appears in 2 contracts

Samples: Assignment, Assumption and Recognition Agreement (Sequoia Mortgage Trust 2012-1), Assignment, Assumption and Recognition Agreement (Sequoia Mortgage Trust 2012-1)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each related Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate 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 all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Owner required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Owner, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled not have any obligation to be reimbursed from advance amounts in respect of shortfalls relating to the Collection Account for all Advances Service members Civil Relief Act and Nonrecoverable Advances similar state and local laws. 17. The Flow Sale and Servicing Agreement is modified by adding a new Subsection 11.25 which reads as provided in Section 5.09.follows:

Appears in 2 contracts

Samples: Assignment, Assumption and Recognition Agreement (Sequoia Mortgage Trust 2011-2), Assignment, Assumption and Recognition Agreement (Sequoia Mortgage Trust 2011-2)

Advances by the Servicer. IfThe Servicer shall deposit in the related Collection Account at the time described below an amount equal to with respect to the Mortgage Loans, all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate and Credit Risk Manager Fee Rate) which were due on the related Mortgage Loans during the applicable Collection Period; provided however, that with respect to any Determination DateBalloon Loan that is delinquent on its maturity date, the Servicer will not be required to advance the related balloon payment but will be required to continue to make advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). The Servicer’s obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to the terms of this Agreement. The Servicer shall not be required to advance shortfalls of principal or interest resulting from the application of the Relief Act. The Servicer shall be obligated to make Advances with respect to those Mortgage Loans serviced by it in accordance with the provisions of this Agreement; provided however, that such obligation with respect to any related Mortgage Loan shall cease if the Servicer determines, in its sole discretion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch Advances are Nonrecoverable Advances, the Servicer shall, unless it determines in its sole discretion that shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make determination. If an Advance on or before the related Distribution Date in an amount equal is required to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution the applicable Servicer Remittance Date immediately following the Determination Date either (i) deposit in the related Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the such Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the related Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent the next Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09due.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Home Equity Pass Through Certificates Series 2002-4), Pooling and Servicing Agreement (Home Equity Asset Trust 2002-3)

Advances by the Servicer. IfEach Servicer shall deposit in a Collection Account an amount equal to all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due but not received on the related Mortgage Loans during the applicable Due Period; provided however, that with respect to any Balloon Loan that is delinquent on any Determination Dateits maturity date, the related Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before required to advance the related Distribution Date balloon payment but will be required to continue to make Advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the amount original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). Each Servicer's obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or through the date that the related Mortgaged Property has, in the judgment of such Servicer, been completely liquidated; provided however, that such obligation with respect to any related Mortgage Loan shall cease if such Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances; provided that the related Servicer will be required to make Advances until the earlier of (i) (x) if the Mortgage Loan is an [________] Covered Loan and coverage under the Credit Insurance Policy is available, through the earlier of (A) liquidation of the related Mortgaged Property and (B) receipt of a payment with respect to such Mortgage Loan under the Credit Insurance Policy and (y) if the Mortgage Loan is not an [________] Covered Loan or if coverage under the Credit Insurance Policy is not available, through the time at which the related Mortgage Loan becomes 120 days delinquent Monthly Paymentsor (ii) the time at which the related Servicer determines that such Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that such Servicer determines that any such Advances are Nonrecoverable Advances, after adjustment of any delinquent interest payment for such Servicer shall provide the Trustee with a certificate signed by a Servicing FeeOfficer evidencing such determination. For purposes of this Section 6.03If an Advance is required to be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the related Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such the second Business Day immediately preceding the Distribution Date immediately following the related Determination Date either (i) deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the related Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the related Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determinationdue. The related Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances of its own funds made pursuant to this Section as provided in Section 5.093.08.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Acceptance Corp)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate 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 all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.0311.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any such Advance Notwithstanding the foregoing, the Servicer shall not be permitted to make any advances from amounts held for future distribution, and instead shall be included with required to make all advances from its own funds, unless the Servicer, its parent, or their respective successors hereunder shall have a long-term credit rating of at least “A” by Fitch, Inc., or the equivalent rating of another Rating Agency. The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Section 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be evidenced by an Officer’s Certificate of the Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled not have any obligation to be reimbursed from advance amounts in respect of shortfalls relating to the Collection Account for all Advances Servicemembers Civil Relief Act and Nonrecoverable Advances as provided in Section 5.09similar state and local laws.

Appears in 2 contracts

Samples: Flow Mortgage Loan Sale and Servicing Agreement (GSR Mortgage Loan Trust 2006-9f), Flow Mortgage Loan Sale and Servicing Agreement (GSR Mortgage Loan Trust 2006-10f)

Advances by the Servicer. IfEach Servicer shall deposit in the related Collection Account at the time described below an amount equal to (i) with respect to the Mortgage Loans other than the Simple Interest Mortgage Loans, all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due on any Determination Datethe related Mortgage Loans during the applicable Due Period and (ii) with respect to the Simple Interest Mortgage Loans, 30 day's interest on each such Mortgage Loan, less the Servicer determines that any Monthly Payments due Servicing Fee, which were delinquent at the close of business on the immediately preceding Due Date have not been receivedDetermination Date; provided however, that with respect to any Balloon Loan that is delinquent on its maturity date, the related Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before required to advance the related Distribution Date balloon payment but will be required to continue to make advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the amount original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). Each Servicer's obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such delinquent Monthly PaymentsMortgage Loan, after adjustment of any delinquent interest payment for or the Servicing Fee. For purposes related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to the terms of this Section 6.03Agreement. To the extent required by Accepted Servicing Practices, each Servicer shall be obligated to make Advances with respect to those Mortgage Loans serviced by it in accordance with the provisions of this Agreement; provided however, that such obligation with respect to any related Mortgage Loan shall cease if such Servicer determines, in its sole discretion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that such Servicer determines that any such advances are Nonrecoverable Advances, such Servicer shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such determination. If an Advance is required to be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the related Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution the applicable Servicer Remittance Date immediately following the Determination Date either (i) deposit in the related Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the such Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the such Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09due.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each related Remittance Date, the Servicer determines that any shall either (a) deposit in the Custodial Account from its own funds an amount equal to (i) except in the case of Option ARM Mortgage Loans, the aggregate amount of all Monthly Payments (with interest adjusted to the Mortgage Loan Remittance Rate) which were due on the immediately preceding Mortgage Loans during the applicable Due Date have not been receivedPeriod and (ii) in the case of Option ARM Mortgage Loans, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in an amount equal to the aggregate amount of all scheduled payments of interest payable by the Mortgagor under the related Mortgage Note during the applicable Due Period, in each case, which were delinquent at the close of business on the immediately preceding Determination Date (each such delinquent Monthly Paymentsadvance, 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an a "P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance"), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer's obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer's Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled not have any obligation to be reimbursed from advance amounts in respect of shortfalls relating to the Collection Account for all Advances Servicemembers Civil Relief Act and Nonrecoverable Advances as provided in Section 5.09similar state and local laws.

Appears in 1 contract

Samples: Flow Mortgage Loan Sale and Servicing Agreement (Lehman XS Trust Series 2006-10n)

Advances by the Servicer. IfThe Servicer shall deposit in a Collection Account an amount equal to all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due but not received on the related Mortgage Loans during the applicable Due Period; provided however, that with respect to any Balloon Loan that is delinquent on its maturity date, the Servicer will not be required to advance the related balloon payment but will be required to continue to make Advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). The Servicer's obligation to make such Advances as to any Determination Daterelated Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or through the date that the related Mortgaged Property has, in the judgment of the Servicer, been completely liquidated; provided however, that such obligation with respect to any related Mortgage Loan shall cease if the Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances; provided that the Servicer will be required to make Advances until the earlier of (i) the time at which the related Mortgage Loan becomes 150 days delinquent or (ii) the time at which the Servicer determines that such Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch Advances are Nonrecoverable Advances, the Servicer shall, unless it determines in its sole discretion that shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make determination. If an Advance is required to be made hereunder, the Servicer shall on or before the second Business Day immediately preceding the Distribution Date immediately following the related Distribution 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Determination Date either (i) deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determinationdue. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances of its own funds made pursuant to this Section as provided in Section 5.093.08.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Home Equity Mortgage Pass-Through Certificates, Series 2004-FFB)

Advances by the Servicer. If, on any Determination Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Servicer Remittance 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution the related Servicer Remittance Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the 91 97 records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Servicer Remittance Date to the extent that funds in the Collection Account on such Distribution Servicer Remittance Date shall be less than the amount of payments required to be made to Certificateholders on such the related Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Servicer Remittance Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Homeside Mortgage Securities Inc /De/)

Advances by the Servicer. If, (a) Not later than the close of business on any Determination the second Business Day preceding each Distribution Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in an amount equal shall remit to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment Trustee 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) 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 Advance, (ii) cause REO Property at the Net Rate for the most recently ended Due Period prior to be made an appropriate entry in the records of related Determination Date for the related Mortgage Loan over the net income from the REO Property transferred to the Collection Account that for such Distribution Date pursuant to Section 3.4; such sum being defined herein as the "Monthly Advance." The 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 in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held deposited in the Collection Account which are not part of the Total Distribution Amount for future distribution to Certificateholders and the related Distribution Date; provided that if such funds are so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own shall replace such funds by deposit into the Collection Account on or before any subsequent Determination Date on which such funds are required to be part of the Total Distribution Date Amount. (b) Notwithstanding anything herein to the extent that funds in the Collection Account on such Distribution Date contrary, no Servicing Advance or Monthly Advance shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If hereunder if the Servicer determines not to make that such Servicing Advance or Monthly Advance would, if made, constitute a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Chevy Chase Bank FSB)

Advances by the Servicer. If, (a) Not later than the close of business on any Determination the Business Day preceding each Remittance Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to all payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, of principal (due after the Transfer Cut-off Date) and interest not allocable to the period prior to the Transfer Cut-off Date, at the Loan Interest Rate net of the Servicing Fee, which were due on a Loan and delinquent at the close of business on the related Remittance Date; provided, however, that the Servicer shall not be required to deposit such Advance, (ii) cause to be made an appropriate entry amount if the amount on deposit in the records of the Collection Account on that funds in such account being held for future distribution or withdrawal have been, as permitted by Remittance Date (exclusive of any Monthly Advance required to be effected pursuant to this Section 6.034.14) is at least sufficient to fund in full the items described in Sections 5.01(c)(3)(i) through 5.01(c)(3)(vi) hereof on the related Payment Date, used by and, if the amount on deposit in the Collection Account is less than the sum of such items, the Servicer shall only be required to deposit an amount equal to the shortfall. The obligation of the Servicer to make such Monthly Advances is mandatory, notwithstanding any other provision of this Agreement, and, with respect to any Loan or Foreclosure Property, shall continue until a Final Recovery Determination in connection therewith; provided that, notwithstanding anything herein to the contrary, no Monthly Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on hereunder by the Servicer if such Distribution DateMonthly Advance would, if made, constitute a Nonrecoverable Monthly Advance. Any such The determination by the Servicer that it has made a Nonrecoverable Monthly Advance or that any proposed Monthly Advance, if made, would constitute a Nonrecoverable Monthly Advance, shall be included with the distribution evidenced by an Officers’ Certificate delivered to the Certificateholders Issuer and the Indenture Trustee. (b) The Servicer will pay all out-of-pocket costs and expenses incurred in the performance of its servicing obligations including, but not limited to, the cost of (i) Preservation Expenses, (ii) any enforcement or judicial proceedings, including foreclosures, (iii) inspection fees and expenses and (iv) the management and liquidation of Foreclosure Property but is only required to pay such costs and expenses to the extent the Servicer reasonably believes such costs and expenses will increase Net Liquidation Proceeds on the related Distribution DateLoan. If Each such amount so paid will constitute a “Servicing Advance.” The Servicer may recover Servicing Advances (x) from the Servicer determines not Borrowers to make a Nonrecoverable Advancethe extent permitted by the Loans, it shall on from Liquidation Proceeds realized upon the liquidation of the related Determination Date furnish to the Trustee, any co-trustee, Loan and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances (y) as provided in Section 5.09Sections 5.01(c)(1)(ii) or 5.01(c)(3)(i) hereof. In no case may the Servicer recover Servicing Advances from principal and interest payments on any Loan or from any amounts relating to any other Loan except as provided pursuant to Sections 5.01(c)(1)(ii) or 5.01(c)(3)(i) hereof.

Appears in 1 contract

Samples: Sale and Servicing Agreement (H&r Block Inc)

Advances by the Servicer. If, on any Determination Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before two Business Days prior to the related Distribution 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to two Business Days prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, the Paying Agent and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09. If on any Distribution Date, the Servicer has not made any Advance required to be made on such Distribution Date, the Backup Advancer shall make such Advance on such Distribution Date. The Backup Advancer shall be entitled to reimbursement for any Advances it has made in the same manner as the Servicer is entitled to reimbursement for Advances as set forth in this Agreement. Additionally, the Servicer shall, from its own funds, compensate the Backup Advancer for any Advance required to be made by the Backup Advancer at the current "prime" lending rate of Chase plus 2.00% per annum from the date such Advance was made up to the date the Backup Advancer is reimbursed.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Corp)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each related Remittance Date, the Servicer determines that any shall either (a) deposit in the Custodial Account from its own funds an amount equal to (i) except in the case of Option ARM Mortgage Loans, the aggregate amount of all Monthly Payments (with interest adjusted to the Mortgage Loan Remittance Rate) which were due on the immediately preceding Mortgage Loans during the applicable Due Date have not been receivedPeriod and (ii) in the case of Option ARM Mortgage Loans, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in an amount equal to the aggregate amount of all scheduled payments of interest payable by the Mortgagor under the related Mortgage Note during the applicable Due Period, in each case, which were delinquent at the close of business on the immediately preceding Determination Date (each such delinquent Monthly Paymentsadvance, 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled not have any obligation to be reimbursed from advance amounts in respect of shortfalls relating to the Collection Account for all Advances Servicemembers Civil Relief Act and Nonrecoverable Advances as provided in Section 5.09similar state and local laws.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Lehman XS Trust Series 2006-14n)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each related Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate 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 all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a "P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance"), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer's obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a 48 Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer's Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Mortgage Loan Sale and Servicing Agreement (Sunset Financial Resources Inc)

Advances by the Servicer. If, (a) Not later than 1:00 p.m. New York time on any Determination the Deposit Date related to each Distribution Date, the Servicer determines that any Monthly Payments due shall remit to the Securities Administrator for deposit in the Distribution Account an amount to be distributed on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date pursuant to Section 5.01, equal to the Monthly Payment due on each Mortgage Loan during the related Due Period, but not received as of the related Determination Date (net of the Servicing Fee) such amount being defined herein as the “Monthly Advance.” With respect to any Balloon Loan that is delinquent on its maturity date, the Servicer will continue to make Monthly Advances with respect to such Balloon Loan in an amount equal to one month’s interest on the amount unpaid principal balance at the applicable Loan Rate (net of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee) according to the original amortization schedule for such Mortgage Loan. For purposes of this Section 6.03The 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, the delinquent (i) no Servicing Advance or Monthly Payments referred to in the preceding sentence Advance shall be deemed required to include an amount equal be made hereunder if the Servicer determines that such Servicing Advance or Monthly Advance would, if made, constitute a Nonrecoverable Advance and (ii) no Monthly Advance or Servicing Advance shall be required with respect to Civil Relief Act Interest Shortfalls. (c) All Monthly Advances and Servicing Advances, including any Nonrecoverable Advances shall be reimbursed on a “first in, first out” (“FIFO”) basis. (d) So long as the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed Servicer is Ocwen Federal Bank FSB or otherwise terminated and in connection with which has long-term debt rated at least investment grade by one of the Rating Agencies, Monthly Advances may be made by the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, from its own funds or (ii) from the Collection Account, to the extent of funds held therein for future distribution (in which case it will cause to be made an appropriate entry in the records of the Collection Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.033.15, used by the Servicer to make in discharge of any such Advance Monthly Advance) or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the total amount of such AdvanceMonthly Advances to be made by the Servicer with respect to the Mortgage Loans and REO Properties. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be appropriately reflected in the Servicer’s records and replaced by the Servicer from its own funds by deposit into in the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution next Deposit Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Renaissance Home Equity Loan Trust 2004-4)

Advances by the Servicer. IfThe Servicer shall deposit in the related Collection Account at the time described below an amount equal to with respect to the Mortgage Loans, all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate and Credit Risk Manager Fee Rate) which were due on the related Mortgage Loans during the applicable Collection Period; provided however, that with respect to any Determination DateBalloon Loan that is delinquent on its maturity date, the Servicer will not be required to advance the related balloon payment but will be required to continue to make advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). The Servicer’s obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to the terms of this Agreement. The Servicer shall not be required to advance shortfalls of principal or interest resulting from the application of the Relief Act. The Servicer shall be obligated to make Advances with respect to those Mortgage Loans serviced by it in accordance with the provisions of this Agreement; provided however, that such obligation with respect to any related Mortgage Loan shall cease if the Servicer determines, in its sole discretion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch Advances are Nonrecoverable Advances, the Servicer shall, unless it determines in its sole discretion that shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make determination. If an Advance on or before the related Distribution Date in an amount equal is required to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence Servicer shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own Remittance Date immediately following the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Determination Date either (i) deposit in the related Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the such Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent the next Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09due.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mort Sec Corp Home Eq as Tr 03-5)

Advances by the Servicer. If, on any Determination Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before two Business Days prior to the related Distribution 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to two Business Days prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such 116 Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, the Paying Agent and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09. If on any Distribution Date, the Servicer has not made any Advance due on such Distribution Date, the Backup Advancer shall make such Advance on such Distribution Date. The Backup Advancer shall be entitled to reimbursement for any Advances it has made in the same manner as the Servicer is entitled to reimbursement for Advances as set forth in this Agreement. Additionally, the Servicer shall, from its own funds, compensate the Backup Advancer for any Advance required to be made by the Backup Advancer at the current "prime" lending rate of Chase plus 2.00% per annum from the date such Advance was made up to the date the Backup Advancer is reimbursed.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ChaseFlex Trust Series 2005-2)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each related Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate 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 all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The reasonable determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled not have any obligation to be reimbursed from advance amounts in respect of shortfalls relating to the Collection Account for all Advances Servicemembers Civil Relief Act and Nonrecoverable Advances as provided in Section 5.09similar state and local laws.

Appears in 1 contract

Samples: Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2011-2)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each related Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate 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 all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any such Advance shall be included with The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such obligation shall cease if the Certificateholders on the related Distribution Date. If the Servicer Servicer, in its good faith judgment, determines that such P&I Advances would not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.recoverable pursuant to

Appears in 1 contract

Samples: Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2011-2)

Advances by the Servicer. If, (a) Not later than 1:00 p.m. New York time on any Determination the Deposit Date related to each Distribution Date, the Servicer determines that any Monthly Payments due shall remit to the Trustee for deposit in the Distribution Account an amount to be distributed on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date pursuant to Section 5.01, equal to the Monthly Payment due on each Mortgage Loan during the related Due Period, but not received as of the related Determination Date (net of the Servicing Fee) such amount being defined herein as the “Monthly Advance;” provided, however that if the amount of Available Funds withdrawn from the Collection Account on the third Business Day before such Distribution Date is less than the Guaranteed Distributions for such Distribution Date, on such third Business Day the Servicer shall remit to the Trustee for deposit in the Distribution Account such portion of the aggregate Monthly Advance for the Distribution Date as shall be necessary to eliminate the shortfall, as permitted pursuant to Section 3.15(b) hereof. With respect to any Balloon Loan that is delinquent on its maturity date, the Servicer will continue to make Monthly Advances with respect to such Balloon Loan in an amount equal to one month’s interest on the amount unpaid principal balance at the applicable Loan Rate (net of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee) according to the original amortization schedule for such Mortgage Loan. For purposes of this Section 6.03The 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, the delinquent (i) no Servicing Advance or Monthly Payments referred to in the preceding sentence Advance shall be deemed required to include an amount equal be made hereunder if the Servicer determines that such Servicing Advance or Monthly Advance would, if made, constitute a Nonrecoverable Advance and (ii) no Monthly Advance or Servicing Advance shall be required with respect to Civil Relief Act Interest Shortfalls. (c) All Monthly Advances and Servicing Advances, including any Nonrecoverable Advances shall be reimbursed on a first in, first out basis. (d) So long as the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed Servicer is Ocwen Federal Bank FSB or otherwise terminated and in connection with which has long-term debt rated at least investment grade by one of the Rating Agencies, Monthly Advances may be made by the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, from its own funds or (ii) from the Collection Account, to the extent of funds held therein for future distribution (in which case it will cause to be made an appropriate entry in the records of the Collection Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.033.15, used by the Servicer to make in discharge of any such Advance Monthly Advance) or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the total amount of such AdvanceMonthly Advances to be made by the Servicer with respect to the Mortgage Loans and REO Properties. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be appropriately reflected in the Servicer’s records and replaced by the Servicer from its own funds by deposit into in the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution next Deposit Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Renaissance Home Equity Loan Trust 2004-2)

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Advances by the Servicer. IfEach Servicer shall deposit in a Collection Account an amount equal to all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due but not received on the related Mortgage Loans during the applicable Due Period; provided however, that with respect to any Balloon Loan that is delinquent on any Determination Dateits maturity date, the related Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before required to advance the related Distribution Date balloon payment but will be required to continue to make Advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). The related Servicer will not be required, however, to make any Advances with respect to reductions in the amount of the Scheduled Payments on the Mortgage Loans due to bankruptcy proceedings or the application of the Relief Act. Each Servicer's obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or through the date that the related Mortgaged Property has, in the judgment of such Servicer, been completely liquidated; provided however, that such obligation with respect to any related Mortgage Loan shall cease if such Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances; provided that the related Servicer will be required to make Advances until the earlier of (i) the time at which the related Mortgage Loan becomes 120 days delinquent Monthly Paymentsor (ii) the time at which the related Servicer determines that such Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that such Servicer determines that any such Advances are Nonrecoverable Advances, after adjustment of any delinquent interest payment for such Servicer shall provide the Trustee with a certificate signed by a Servicing FeeOfficer evidencing such determination. For purposes of this Section 6.03If an Advance is required to be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the related Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such the second Business Day immediately preceding the Distribution Date immediately following the related Determination Date either (i) deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the related Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the related Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determinationdue. The related Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances of its own funds made pursuant to this Section as provided in Section 5.093.08.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Home Equity Mortgage Pass-Through Certificates, Series 2006-1)

Advances by the Servicer. If, (a) By the close of business on any Determination the day prior to each Distribution Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit cause to be deposited, out of its own funds, in the Collection Account an amount equal to the excess of (A) 30 day's interest on each Contract for each Due Date occurring during the related Due Period (which, for the first Due Period may include two Due Dates for a Contract, if applicable) over (B) the sum of (1) the amount of interest actually received with respect to such Contract on all Due Dates during the related Due Period (which, for the first Due Period may include two Due Dates for a Contract, if applicable) and (2) the Compensating Interest Payment paid by the Servicer with respect to such Contract and such Due Period (an "Advance"), (ii) cause to be made an appropriate entry apply all or a portion of the funds held in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance Advance, or (iii) make Advances in the form of do any combination of clauses (i) and (ii) aggregating the amount of to make such Advance. Any To the extent that the funds being held in the Collection Account for future distribution to Certificateholders and so used (or any portion thereof) that has been applied pursuant to clause (ii) or (iii) above shall be replaced by is required for application as to all or a portion of a scheduled payment due on the related Contract, the Servicer from shall deposit, out of its own funds, the amount of such funds by deposit (or the portion thereof required for such scheduled payment) into the Collection Account on or before any subsequent Distribution Date the immediately succeeding Due Date, and the amount so deposited will become part of the Outstanding Amount Advanced. (b) The Servicer shall reimburse itself for the Outstanding Amount Advanced out of (i) collections of delinquent payments of principal and interest on Contracts as to which the extent that Servicer previously made an Advance, (ii) available funds in the Collection Account on such Distribution Date shall be less than the amount attributable to funds held for future distribution or (iii) any combination of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. clauses (i) and (ii) above. (c) If the Servicer determines not that any advance made pursuant to make Section 4.01(a) has become a Nonrecoverable Advance, it shall on Advance and at the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice time of such determination. The determination there exists an Outstanding Amount Advanced, then the Servicer shall be entitled to be reimbursed from reimburse itself out of funds in the Collection Account for all the amount of such Nonrecoverable Advance for the next succeeding Distribution Date) by withdrawing such amount pursuant to Section 3.07(a)(iii), but not in excess of such Outstanding Amount Advanced. If a Contract becomes a Liquidation Contract and at such time there exists an Outstanding Amount Advanced, then the Servicer shall reimburse itself out of funds in the Collection Account for the portion of Advances and equal to the aggregate of delinquent scheduled payments on such Contract to the Due Date in the Due Period in which such Contract became a Liquidation Contract, but not in excess of such Outstanding Amount Advanced. Notwithstanding any other provision of this Agreement, under no circumstances shall the Servicer be required to make an Advance that the Servicer determines if made would be a Nonrecoverable Advances as provided in Section 5.09Advance.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Abs Trust 2002-Mh3)

Advances by the Servicer. If, Not later than the close of business on any Determination the third Business Day preceding each Distribution Date, the Servicer determines that any Monthly Payments due shall remit to the Trustee (but solely from and to the extent of amounts on deposit in the Principal and Interest Account as of the related Determination Date, after giving effect to withdrawals from the Principal and Interest Account as of the Determination Date for such Distribution Date pursuant to Section 5.04(i)), an amount (the "Advance") equal to the sum of (a) the interes accrued in the related Due Period on the immediately preceding Mortgage Loans but uncollected as of the close of business on the last day of such Due Date have not been received, Period (net of the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds Servicing Fee) and (b) with respect to each REO Property which was acquired during or otherwise, make an Advance on or before prior to the related Distribution Date in Due Period and as to which an REO Disposition did not occur during the related Due Period, an amount equal to the amount excess, if any, of interest on the Principal Balance of such delinquent Monthly PaymentsREO Property computed at the related Mortgage Interest Rate (net of the Servicing Fee (computed in the manner described in paragraph (i) or (ii), after adjustment as applicable, of any delinquent interest payment the definition thereof)) for the Servicing Feemost recently ended Due Period over the net income from the REO Property deposited in the Principal and Interest Account during such Due Period pursuant to Section 5.10. For purposes Notwithstanding the provisions in the foregoing paragraph of this Section 6.036.08, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal with respect to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall Distribution Dates occurring on or prior to such Distribution Date either (i) before ___________, ____. if the amounts on deposit in the Collection Principal and Interest Account are insufficient to make the full Advance (as defined herein), and as a result thereof an amount equal to such AdvanceEvent of Nonpayment would occur, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to shall make such an Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date equal to such insufficiency to the extent that funds in the Collection Account on of delinquent payments of interest and may reimburse itself for such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders Advances from collections on the related Distribution Date. If the Servicer determines not Mortgage Loans pursuant to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.095.04(ii).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Eqcc Receivables Corp)

Advances by the Servicer. Advances shall be made in respect of each Servicer Remittance Date as provided herein. If, on any Determination Date, the Servicer determines that any Monthly Scheduled Payments due on during the immediately preceding related Due Date Period have not been received, the such Servicer shall, unless it determines in its sole discretion that shall advance such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds provided in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, Section 4.03(c) and each Rating Agency notice of such determinationthis Section 6.05. The Servicer shall be entitled to be reimbursed from the Collection Account Account, and from the Custodial Account, for all Advances and Nonrecoverable Advances made by it as provided in Section 5.094.02(e). Notwithstanding anything to the contrary herein, in the event the Servicer determines in its reasonable judgment that an Advance or Servicing Advance is a Nonrecoverable Advance, the Servicer shall be under no obligation to make such Advance. The Servicer shall not be required to make any Advances with respect to the principal portion of (i) the final payment of any Balloon Loan (in such case, the Servicer shall advance the assumed monthly payment that would have been due on the related Due Date based on the original principal amortization schedule for such Balloon Loan) or (ii) the Monthly Payments that would have been due on the related Due Date with respect to Second Lien Mortgage Loans or any REO Property. The Servicer will not make Advances on any Mortgage Loans due to bankruptcy proceedings, the application of the Civil Relief Act or to cover any Prepayment Interest Shortfalls that exceed Compensating Interest. Servicing Advances, if any, to be made by the Servicer in respect of the Mortgage Loans and REO Properties for the related Payment Date may be made either from its own funds or from amounts held for future payment or both aggregating the total amount of Servicing Advances to be made by the Servicer. Any amounts held for future payment and so used shall be replaced by the Servicer in the Custodial Account on or before any future Servicer Remittance Date if funds in the Custodial Account on such Servicer Remittance Date shall be less than remittances to the Trust Administrator required to be made on such Servicer Remittance Date.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Fieldstone Mortgage Investment CORP)

Advances by the Servicer. IfThe Servicer shall deposit in a Collection Account an amount equal to (i) with respect to the Mortgage Loans other than the Simple Interest Mortgage Loans, all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due but not received on the related Mortgage Loans during the applicable Due Period and (ii) with respect to the Simple Interest Mortgage Loans, 30 day's interest on each such Mortgage Loan for which the Scheduled Payment was due but not received during the applicable Due Period, less the Servicing Fee; provided however, that with respect to any Determination DateBalloon Loan that is delinquent on its maturity date, the Servicer will not be required to advance the related balloon payment but will be required to continue to make Advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). The Servicer's obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or through the date that the related Mortgaged Property has, in the judgment of the Servicer, been completely liquidated; provided however, that such obligation with respect to any related Mortgage Loan shall cease if the Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances; provided that the Servicer will be required to make Advances until the earlier of (i) the time at which the related Mortgage Loan becomes 120 days delinquent or (ii) the time at which the Servicer determines that such Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch Advances are Nonrecoverable Advances, the Servicer shall, unless it determines in its sole discretion that shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make determination. If an Advance is required to be made hereunder, the Servicer shall on or before the second Business Day immediately preceding the Distribution Date immediately following the related Distribution 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Determination Date either (i) deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determinationdue. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances of its own funds made pursuant to this Section as provided in Section 5.093.08.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse Fist Boston Home Equity Mort Trust 2003-3)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate 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 all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such Advance or (iii) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced replaces by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any such Advance The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan. The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser or its designee, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Mortgage Loan Sale and Interim Servicing Agreement (Jpmac 2006-Fre2)

Advances by the Servicer. If, (a) Not later than 10:00 a.m. New York time on any Determination the Deposit Date related to each Distribution Date, the Servicer determines that any Monthly Payments due shall remit to the Trustee for deposit in the Distribution Account an amount to be distributed on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date pursuant to Section 5.01, equal to the Monthly Payment due on each Mortgage Loan during the related Due Period, but not received as of the related Determination Date (net of the Servicing Fee) such amount being defined herein as the "Monthly Advance"; provided, however that if the amount of Available Funds withdrawn from the Collection Account on the third Business Day before such Distribution Date is less than the Guaranteed Distributions for such Distribution Date, on such third Business Day the Servicer shall remit to the Trustee for deposit in the Distribution Account such portion of the aggregate Monthly Advance for the Distribution Date as shall be necessary to eliminate the shortfall. With respect to any Balloon Loan that is delinquent on its maturity date, the Servicer will continue to make Monthly Advances with respect to such Balloon Loan in an amount equal to one month's interest on the amount unpaid principal balance at the applicable Loan Rate (net of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee) according to the original amortization schedule for such Mortgage Loan. For purposes of this Section 6.03The 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, the delinquent no Servicing Advance or Monthly Payments referred to in the preceding sentence Advance shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If hereunder if the Servicer determines not to make that such Servicing Advance or Monthly Advance would, if made, constitute a Nonrecoverable Advance. (c) All Monthly Advances and Servicing Advances, it shall on the related Determination Date furnish to the Trustee, including any co-trustee, and each Rating Agency notice of such determination. The Servicer Nonrecoverable Advances shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09on a first in, first out basis.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Delta Funding Corp /De/)

Advances by the Servicer. If, on any Determination On each Remittance Date, the Servicer determines that any shall deposit in the Custodial Account an amount equal to all Monthly Payments (with interest adjusted to the Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which were delinquent at the close of business on the immediately preceding Due Date have not been receivedDetermination Date, provided that, such obligation shall cease with respect to any Mortgage Loan if the Servicer shall, unless it determines in its sole discretion that such amounts advances would be Nonrecoverable Advances. The Servicer's obligation to make such Advances as to any Mortgage Loan will not be recoverable from Late Collectionscontinue through the last Monthly Payment due prior to the payment in full of the Mortgage Loan, or through the last Remittance Date prior to the Remittance Date for the distribution of all Liquidation Proceeds and other payments or otherwiserecoveries (including proceeds under any title, make an Advance on hazard or before the related Distribution Date in an amount equal other insurance policy, or condemnation awards) with respect to the amount of Mortgage Loan, provided, however, that 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 obligation shall be deemed to include an amount equal cease if title to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed Mortgaged Property is acquired in foreclosure or otherwise terminated and by deed in connection with which the lieu of foreclosure. The Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Custodial Account from its own funds an amount equal to the aggregate amount of such AdvanceAdvances, if any, (ii) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03, been used by the Servicer to make in discharge of any such Advance or (iiiii) make Advances in the form of any combination of clauses (i) and or (ii) aggregating the total amount of such AdvanceAdvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Owner required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Remittance Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Servicing Agreement (Realtrust Asset Corp)

Advances by the Servicer. If, (a) Not later than the close of business on any Determination the Business Day preceding each Remittance Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to all payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, of principal (due after the Transfer Cut-off Date) and interest not allocable to the period prior to the Transfer Cutoff Date, at the Loan Interest Rate net of the Servicing Fee, which were due on a Loan and delinquent at the close of business on the related Remittance Date; provided, however, that the Servicer shall not be required to deposit such Advance, (ii) cause to be made an appropriate entry amount if the amount on deposit in the records of the Collection Account on that funds in such account being held for future distribution or withdrawal have been, as permitted by Remittance Date (exclusive of any Monthly Advance required to be effective pursuant to this Section 6.034.14) is at least sufficient to fund in full the items described in Sections 5.01(c)(3)(i) through 5.01(c)(3)(v) hereof on the related Payment Date, used by and, if the amount on deposit in the Collection Account is less than the sum of such items, the Servicer shall only be required to deposit an amount equal to the shortfall. The obligation of the Servicer to make such Monthly Advances is mandatory, notwithstanding any other provision of this Agreement, and, with respect to any Loan or Foreclosure Property, shall continue until a Final Recovery Determination in connection therewith; provided that, notwithstanding anything herein to the contrary, no Monthly Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on hereunder by the Servicer if such Distribution DateMonthly Advance would, if made, constitute a Nonrecoverable Monthly Advance. Any such The determination by the Servicer that it has made a Nonrecoverable Monthly Advance or that any proposed Monthly Advance, if made, would constitute a Nonrecoverable Monthly Advance, shall be included with the distribution evidenced by an Officers' Certificate delivered to the Certificateholders Issuer and the Indenture Trustee. (b) The Servicer will pay all out-of-pocket costs and expenses incurred in the performance of its servicing obligations including, but not limited to, the cost of (i) Preservation Expenses, (ii) any enforcement or judicial proceedings, including foreclosures, (iii) inspection fees and expenses and (iv) the management and liquidation of Foreclosure Property but is only required to pay such costs and expenses to the extent the Servicer reasonably believes such costs and expenses will increase Net Liquidation Proceeds on the related Distribution DateLoan. If Each such amount so paid will constitute a "Servicing Advance." The Servicer may recover Servicing Advances (x) from the Servicer determines not Borrowers to make a Nonrecoverable Advancethe extent permitted by the Loans, it shall on from Liquidation Proceeds realized upon the liquidation of the related Determination Date furnish to the Trustee, any co-trustee, Loan and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances (y) as provided in Section 5.09Sections 5.01(c)(1)(ii) or 5.01(c)(3)(i) hereof. In no case may the Servicer recover Servicing Advances from principal and interest payments on any Loan or from any amounts relating to any other Loan except as provided pursuant to Sections 5.01(c)(1)(ii) or 5.01(c)(3)(i) hereof.

Appears in 1 contract

Samples: Sale and Servicing Agreement (H&r Block Inc)

Advances by the Servicer. If, (a) Not later than 1:00 p.m. New York time on any Determination the Deposit Date related to each Payment Date, the Servicer determines that any shall remit to the Securities Administrator for deposit in the Payment Account an amount to be paid on the related Payment Date pursuant to Section 3.05 of the Indenture, equal to the Monthly Payments Payment due on each Mortgage Loan during the immediately preceding related Due Period, but not received as of the related Determination Date have not been received(net of the Servicing Fee) such amount being defined herein as the “Monthly Advance.” With respect to any Balloon Loan that is delinquent on its maturity date, the Servicer shall, unless it determines in its sole discretion that will continue to make Monthly Advances with respect to such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date Balloon Loan in an amount equal to one month’s interest on the amount unpaid principal balance at the applicable Loan Rate (net of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee) according to the original amortization schedule for such Mortgage Loan. For purposes of this Section 6.03The 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, the delinquent (i) no Servicing Advance or Monthly Payments referred to in the preceding sentence Advance shall be deemed required to include an amount equal be made hereunder if the Servicer determines that such Servicing Advance or Monthly Advance would, if made, constitute a Nonrecoverable Advance and (ii) no Monthly Advance or Servicing Advance shall be required with respect to Civil Relief Act Interest Shortfalls. (c) All Monthly Advances and Servicing Advances, including any Nonrecoverable Advances shall be reimbursed on a “first in, first out” (“FIFO”) basis. (d) So long as the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed Servicer is Ocwen Federal Bank FSB or otherwise terminated and in connection with which has long-term debt rated at least investment grade by one of the Rating Agencies, Monthly Advances may be made by the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, from its own funds or (ii) from the Collection Account, to the extent of funds held therein for future distribution (in which case it will cause to be made an appropriate entry in the records of the Collection Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.033.15, used by the Servicer to make in discharge of any such Advance Monthly Advance) or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the total amount of such AdvanceMonthly Advances to be made by the Servicer with respect to the Mortgage Loans and REO Properties. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be appropriately reflected in the Servicer’s records and replaced by the Servicer from its own funds by deposit into in the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution next Deposit Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Servicing Agreement (Renaissance Home Equity Loan Trust 2005-2)

Advances by the Servicer. If, on any Determination On each Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate 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 all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a "P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance"), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.16, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such AdvanceP&I Advances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer's obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease (i) for any Mortgage Loan and on any Remittance Date that the distribution of all Liquidation Proceeds and other payments or recoveries (including Insurance Proceeds and Condemnation Proceeds) occurs with respect to such Mortgage Loan or (ii) if the Servicer, in its good faith judgment, determines that P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer's Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-15xs)

Advances by the Servicer. If, on any Determination Date, the Servicer determines that any Monthly Payments with respect to any Mortgage Loans due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the Business Day prior to the related Distribution Date in an amount equal to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the its 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to the Servicer Remittance Date for such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, the Master Servicer and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Corp)

Advances by the Servicer. If, The Servicer shall deposit in the related Collection Account as Advances an amount equal to all Scheduled Payments (with interest at the Mortgage Rate less the sum of the Servicing Fee Rate and the Excess Servicing Fee Rate) which were due on any the Mortgage Loans serviced by it during the applicable Collection Period and which were delinquent at the close of business on the immediately preceding Determination Date. The Servicer’s obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or through the date that the related Mortgaged Property has, in the judgment of the Servicer, been completely liquidated. The Servicer shall not be required to advance shortfalls of principal or interest resulting from the application of the Relief Act. To the extent required by Accepted Servicing Practices, the Servicer shall be obligated to make Advances in accordance with the provisions of this Agreement; provided, however, that such obligation with respect to any related Mortgage Loan shall cease if the Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch advances are Nonrecoverable Advances, the Servicer shall, unless it determines in its sole discretion that shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make determination. If an Advance on or before the related Distribution Date in an amount equal is required to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution the Cash Remittance Date either (i) deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.035.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09due.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSFB Mortgage Acceptance Corp Mort Pa THR Cert Ser 2002-Ftb1)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each related Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate 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 all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(b). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, evidencing the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled not have any obligation to be reimbursed from advance amounts in respect of shortfalls relating to the Collection Account for all Advances Servicemembers Civil Relief Act and Nonrecoverable Advances as provided in Section 5.09similar state and local laws.

Appears in 1 contract

Samples: Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2011-2)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each related Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate 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 all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a "P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance"), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make such in discharge of any suc h P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer's obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer's Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Flow Mortgage Loan Sale and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-18)

Advances by the Servicer. IfThe Servicer shall deposit in a Collection Account an amount equal to all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due but not received on the related Mortgage Loans during the applicable Due Period; provided however, that with respect to any Balloon Loan that is delinquent on its maturity date, the Servicer will not be required to advance the related balloon payment but will be required to continue to make Advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). The Servicer's obligation to make such Advances as to any Determination Daterelated Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or through the date that the related Mortgaged Property has, in the judgment of the Servicer, been completely liquidated; provided however, that such obligation with respect to any related Mortgage Loan shall cease if the Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances; provided that the Servicer will be required to make Advances until the earlier of (i) to the extent coverage under the related Mortgage Pool Insurance Policy is available, through the liquidation of the related Mortgaged Property and if coverage under the related Mortgaged Property is not available, through the time at which the related Mortgage Loan becomes 120 days delinquent or (ii) the time at which the Servicer determines that such Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch Advances are Nonrecoverable Advances, the Servicer shall, unless it determines in its sole discretion that shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make determination. If an Advance is required to be made hereunder, the Servicer shall on or before the second Business Day immediately preceding the Distribution Date immediately following the related Distribution 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Determination Date either (i) deposit in the related Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determinationdue. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances of its own funds made pursuant to this Section as provided in Section 5.093.08.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSFB Mortgage Sec Corp Home Eq Mort PSS THR CRT Ser 2003-Ffa)

Advances by the Servicer. IfThe Servicer shall deposit in a Collection Account an amount equal to (i) with respect to the Mortgage Loans other than the Simple Interest Mortgage Loans, all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due but not received on the related Mortgage Loans during the applicable Due Period and (ii) with respect to the Simple Interest Mortgage Loans, 30 day's interest on each such Mortgage Loan for which the Scheduled Payment was due but not received during the applicable Due Period, less the Servicing Fee; provided however, that with respect to any Determination DateBalloon Loan that is delinquent on its maturity date, the Servicer will not be required to advance the related balloon payment but will be required to continue to make Advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). The Servicer's obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or through the date that the related Mortgaged Property has, in the judgment of the Servicer, been completely liquidated; provided however, that such obligation with respect to any Mortgage Loan shall cease if the Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances; provided that the Servicer will be required to make Advances until the earlier of (i) the time at which the related Mortgage Loan becomes 120 days delinquent or (ii) the time at which the Servicer determines that such Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch Advances are Nonrecoverable Advances, the Servicer shall, unless it determines in its sole discretion that shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make determination. If an Advance is required to be made hereunder, the Servicer shall on or before the second Business Day immediately preceding the Distribution Date immediately following the related Distribution 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Determination Date either (i) deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determinationdue. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances of its own funds made pursuant to this Section as provided in Section 5.093.08.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSFB Home Equity Mortgage Trust 2005-1)

Advances by the Servicer. If, on any Determination Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before two Business Days prior to the related Distribution 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Related Certificateholders. If the Servicer makes an Advance, it shall on or prior to two Business Days prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Related Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Related Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, the Paying Agent and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ChaseFlex Trust Series 2007-M1)

Advances by the Servicer. IfThe Servicer shall deposit in the Collection Account an amount equal to all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due but not received on the Mortgage Loans during the applicable Due Period; provided however, that with respect to any Balloon Loan that is delinquent on any Determination Dateits maturity date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before required to advance the related Distribution Date balloon payment but will be required to continue to make Advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). The Servicer will not be required, however, to make any Advances with respect to reductions in the amount of the Scheduled Payments on the Mortgage Loans due to bankruptcy proceedings or the application of the Relief Act. The Servicer’s obligation to make such delinquent Monthly PaymentsAdvances as to any Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, after adjustment of any delinquent interest payment for or through the Servicing Fee. For purposes of this Section 6.03date that the related Mortgaged Property has, the delinquent Monthly Payments referred to in the preceding sentence judgment of the Servicer, been completely liquidated; provided however, that such obligation with respect to any Mortgage Loan shall cease if the Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances; provided that the Servicer will be deemed required to include an amount equal to make Advances until the Monthly Payments that would have been due on earlier of (i) the time at which the related Mortgage Loans which have been foreclosed Loan becomes 120 days delinquent or otherwise terminated and in connection with (ii) the time at which the Servicer acquired and continues determines that such Advances with respect to own such Mortgage Loan are Nonrecoverable Advances. In the Mortgaged Properties on behalf of event that such Servicer determines that any such Advances are Nonrecoverable Advances, such Servicer shall provide the CertificateholdersTrustee with a certificate signed by a Servicing Officer evidencing such determination. If an Advance is required to be made hereunder, the Servicer makes an Advance, it shall on or prior to such the second Business Day immediately preceding the Distribution Date immediately following the related Determination Date either (i) deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determinationdue. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances of its own funds made pursuant to this Section as provided in Section 5.093.08.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Home Equity Mortgage Trust 2006-6)

Advances by the Servicer. If, (a) Not later than 1:00 p.m. New York time on any Determination the Deposit Date related to each Distribution Date, the Servicer determines that any Monthly Payments due shall remit to the Trustee for deposit in the Distribution Account an amount to be distributed on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date pursuant to Section 5.01, equal to the Monthly Payment due on each Mortgage Loan during the related Due Period, but not received as of the related Determination Date (net of the Servicing Fee) such amount being defined herein as the "Monthly Advance". With respect to any Balloon Loan that is delinquent on its maturity date, the Servicer will continue to make Monthly Advances with respect to such Balloon Loan in an amount equal to one month's interest on the amount unpaid principal balance at the applicable Loan Rate (net of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee) according to the original amortization schedule for such Mortgage Loan. For purposes of this Section 6.03The 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, the delinquent (i) no Servicing Advance or Monthly Payments referred to in the preceding sentence Advance shall be deemed required to include an amount equal be made hereunder if the Servicer determines that such Servicing Advance or Monthly Advance would, if made, constitute a Nonrecoverable Advance and (ii) no Monthly Advance or Servicing Advance shall be required with respect to Civil Relief Act Interest Shortfalls. (c) All Monthly Advances and Servicing Advances, including any Nonrecoverable Advances shall be reimbursed on a first in, first out basis. (d) So long as the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed Servicer is Ocwen Federal Bank FSB or otherwise terminated and in connection with which has long-term debt rated at least investment grade by one of the Rating Agencies, Monthly Advances may be made by the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, from its own funds or (ii) from the Collection Account, to the extent of funds held therein for future distribution (in which case it will cause to be made an appropriate entry in the records of the Collection Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.033.15, used by the Servicer to make in discharge of any such Advance Monthly Advance) or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the total amount of such AdvanceMonthly Advances to be made by the Servicer with respect to the Mortgage Loans and REO Properties. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be appropriately reflected in the Servicer's records and replaced by the Servicer from its own funds by deposit into in the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution next Deposit Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Renaissance Mortgage Acceptance Corp)

Advances by the Servicer. IfEach Servicer shall deposit in the related Collection Account at the time described below an amount equal to (i) with respect to the Mortgage Loans other than the Simple Interest Mortgage Loans, all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due on any Determination Datethe related Mortgage Loans during the applicable Due Period and (ii) with respect to the Simple Interest Mortgage Loans, 30 day's interest on each such Mortgage Loan, less the Servicer determines that any Monthly Payments due Servicing Fee and, with respect to such Simple Interest Mortgage Loan, which were delinquent at the close of business on the immediately preceding Due Date have not been receivedDetermination Date; provided however, that with respect to any Balloon Loan that is delinquent on its maturity date, the related Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before required to advance the related Distribution Date balloon payment but will be required to continue to make advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the amount original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). Each Servicer's obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such delinquent Monthly PaymentsMortgage Loan, after adjustment of any delinquent interest payment for or the Servicing Fee. For purposes related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to the terms of this Section 6.03Agreement. To the extent required by Accepted Servicing Practices, each Servicer shall be obligated to make Advances with respect to those Mortgage Loans serviced by it in accordance with the provisions of this Agreement; provided however, that such obligation with respect to any related Mortgage Loan shall cease if such Servicer determines, in its sole discretion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that such Servicer determines that any such advances are Nonrecoverable Advances, such Servicer shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such determination. If an Advance is required to be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the related Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution the applicable Servicer Remittance Date immediately following the Determination Date either (i) deposit in the related Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the such Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the such Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09due.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate 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 all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 3.06, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any such Advance The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan. The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser or its designee, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Interim Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-S1)

Advances by the Servicer. IfThe Servicer shall deposit in the Collection Account an amount equal to (i) with respect to the Mortgage Loans other than the Simple Interest Mortgage Loans, all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due on the related Mortgage Loans during the applicable Due Period and (ii) with respect to the Simple Interest Mortgage Loans, 30 day's interest on each such Mortgage Loan, less the Servicing Fee; provided however, that with respect to any Determination DateBalloon Loan that is delinquent on its maturity date, the Servicer will not be required to advance the related balloon payment but will be required to continue to make Advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). The Servicer's obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or through the date that the related Mortgaged Property has, in the judgment of the Servicer, been completely liquidated. The Servicer shall be obligated to make Advances in accordance with the provisions of this Agreement; provided however, that such obligation with respect to any related Mortgage Loan shall cease if the Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch Advances are Nonrecoverable Advances, the Servicer shall, unless it determines in its sole discretion that shall provide the Trustee and the Certificate Insurer with a certificate signed by a Servicing Officer evidencing such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make determination. If an Advance is required to be made hereunder, the Servicer shall on or before the second Business Day immediately preceding the Distribution Date immediately following the related Distribution 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Determination Date either (i) deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09due.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Advances by the Servicer. If, (a) Not later than the close of business on any Determination the Business Day preceding each Remittance Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to all payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, of principal (due after the Transfer Cut-off Date) and interest not allocable to the period prior to the Transfer Cut-off Date, at the Loan Interest Rate net of the Servicing Fee, which were due on a Loan and delinquent at the close of business on the related Remittance Date; provided, however, that the Servicer shall not be required to deposit such Advance, (ii) cause to be made an appropriate entry amount if the amount on deposit in the records of the Collection Account on that funds in such account being held for future distribution or withdrawal have been, as permitted by Remittance Date (exclusive of any Monthly Advance required to be effected pursuant to this Section 6.034.14) is at least sufficient to fund in full the items described in Sections 5.01(c)(3)(i) through 5.01(c)(3)(vi) hereof on the related Payment Date, used by and, if the amount on deposit in the Collection Account is less than the sum of such items, the Servicer shall only be required to deposit an amount equal to the shortfall. The obligation of the Servicer to make such Monthly Advances is mandatory, notwithstanding any other provision of this Agreement, and, with respect to any Loan or Foreclosure Property, shall continue until a Final Recovery Determination in connection therewith; provided that, notwithstanding anything herein to the contrary, no Monthly Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on hereunder by the Servicer if such Distribution DateMonthly Advance would, if made, constitute a Nonrecoverable Monthly Advance. Any such The determination by the Servicer that it has made a Nonrecoverable Monthly Advance or that any proposed Monthly Advance, if made, would constitute a Nonrecoverable Monthly Advance, shall be included with the distribution evidenced by an Officers' Certificate delivered to the Certificateholders Issuer and the Indenture Trustee. (b) The Servicer will pay all out-of-pocket costs and expenses incurred in the performance of its servicing obligations including, but not limited to, the cost of (i) Preservation Expenses, (ii) any enforcement or judicial proceedings, including foreclosures, (iii) inspection fees and expenses and (iv) the management and liquidation of Foreclosure Property but is only required to pay such costs and expenses to the extent the Servicer reasonably believes such costs and expenses will increase Net Liquidation Proceeds on the related Distribution DateLoan. If Each such amount so paid will constitute a "Servicing Advance." The Servicer may recover Servicing Advances (x) from the Servicer determines not Borrowers to make a Nonrecoverable Advancethe extent permitted by the Loans, it shall on from Liquidation Proceeds realized upon the liquidation of the related Determination Date furnish to the Trustee, any co-trustee, Loan and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances (y) as provided in Section 5.09Sections 5.01(c)(1)(ii) or 5.01(c)(3)(i) hereof. In no case may the Servicer recover Servicing Advances from principal and interest payments on any Loan or from any amounts relating to any other Loan except as provided pursuant to Sections 5.01(c)(1)(ii) or 5.01(c)(3)(i) hereof.

Appears in 1 contract

Samples: Sale and Servicing Agreement (H&r Block Inc)

Advances by the Servicer. If, on any Determination Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the 18th of the month, or if such day is not a Business Day, the next Business Day prior to the related Distribution 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to the 18th of the month, or if such day is not a Business Day, the next Business Day prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, the Paying Agent and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Corp)

Advances by the Servicer. If, on any Determination Not later than the Business Day immediately preceding each related Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate 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 all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 10.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 10.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled not have any obligation to be reimbursed from advance amounts in respect of shortfalls relating to the Collection Account for all Advances Servicemembers Civil Relief Act and Nonrecoverable Advances as provided in Section 5.09similar state and local laws.

Appears in 1 contract

Samples: Servicing Agreement (Thornburg Mortgage Securities Trust 2005-4)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate 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 all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any such Advance The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or though the last Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan. The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser or its designee, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Mortgage Loan Sale and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-A2)

Advances by the Servicer. If, (a) Not later than 1:00 p.m. New York time on any Determination the Deposit Date related to each Distribution Date, the Servicer determines that any Monthly Payments due shall remit to the Trustee for deposit in the Distribution Account an amount to be distributed on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date pursuant to Section 5.01, equal to the Monthly Payment due on each Mortgage Loan during the related Due Period, but not received as of the related Determination Date (net of the Servicing Fee) such amount being defined herein as the "Monthly Advance"; provided, however that if the amount of Available Funds withdrawn from the Collection Account on the third Business Day before such Distribution Date is less than the Guaranteed Distributions for such Distribution Date, on such third Business Day the Servicer shall remit to the Trustee for deposit in the Distribution Account such portion of the aggregate Monthly Advance for the Distribution Date as shall be necessary to eliminate the shortfall. With respect to any Balloon Loan that is delinquent on its maturity date, the Servicer will continue to make Monthly Advances with respect to such Balloon Loan in an amount equal to one month's interest on the amount unpaid principal balance at the applicable Loan Rate (net of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee) according to the original amortization schedule for such Mortgage Loan. For purposes of this Section 6.03The 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, the delinquent no Servicing Advance or Monthly Payments referred to in the preceding sentence Advance shall be deemed required to include an amount equal to be made hereunder if the Servicer determines that such Servicing Advance or Monthly Payments that would have been due Advance would, if made, constitute a Nonrecoverable Advance. (c) All Monthly Advances and Servicing Advances, including any Nonrecoverable Advances shall be reimbursed on Mortgage Loans which have been foreclosed a first in, first out basis. (d) So long as the Servicer is Ocwen Federal Bank FSB or otherwise terminated and in connection with which has long-term debt rated at least investment grade by one of the Rating Agencies, Monthly Advances may be made by the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, from its own funds or (ii) from the Collection Account, to the extent of funds held therein for future distribution (in which case it will cause to be made an appropriate entry in the records of the Collection Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.033.15, used by the Servicer to make in discharge of any such Advance Monthly Advance) or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the total amount of such AdvanceMonthly Advances to be made by the Servicer with respect to the Mortgage Loans and REO Properties. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be appropriately reflected in the Servicer's records and replaced by the Servicer from its own funds by deposit into in the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution next Deposit Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Delta Funding Corp /De/)

Advances by the Servicer. If, on any Determination Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before two Business Days prior to the related Distribution 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Related Certificateholders. If the Servicer makes an Advance, it shall on or prior to two Business Days prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Related Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, the Paying Agent and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ChaseFlex Trust Series 2007-3)

Advances by the Servicer. If, on any Determination Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, Financial Security and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Corp)

Advances by the Servicer. If, (a) Not later than the close of business on any Determination the Business Day preceding each Remittance Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution 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 Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to all payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, of principal (due after the Transfer Cut-off Date) and interest not allocable to the period prior to the Transfer Cut-off Date, at the Loan Interest Rate net of the Servicing Fee, which were due on a Loan and delinquent at the close of business on the related Remittance Date; provided, however, that the Servicer shall not be required to deposit such Advance, (ii) cause to be made an appropriate entry amount if the amount on deposit in the records of the Collection Account on that funds in such account being held for future distribution or withdrawal have been, as permitted by Remittance Date (exclusive of any Monthly Advance required to be effected pursuant to this Section 6.034.14) is at least sufficient to fund in full the items described in Sections 5.01(c)(3)(i) through 5.01(c)(3)(vi) hereof on the related Payment Date, used by and, if the amount on deposit in the Collection Account is less than the sum of such items, the Servicer shall only be required to deposit an amount equal to the shortfall. The obligation of the Servicer to make such Monthly Advances is mandatory, notwithstanding any other provision of this Agreement, and, with respect to any Loan or Foreclosure Property, shall continue until a Final Recovery Determination in connection therewith; provided that, notwithstanding anything herein to the contrary, no Monthly Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on hereunder by the Servicer if such Distribution DateMonthly Advance would, if made, constitute a Nonrecoverable Monthly Advance. Any such The determination by the Servicer that it has made a Nonrecoverable Monthly Advance or that any proposed Monthly Advance, if made, would constitute a Nonrecoverable Monthly Advance, shall be included with the distribution evidenced by an Officers’ Certificate delivered to the Certificateholders Issuer and the Indenture Trustee. (b) The Servicer will pay all out-of-pocket costs and expenses incurred in the performance of its servicing obligations including, but not limited to, the cost of (i) Preservation Expenses, (ii) any enforcement or judicial proceedings, including foreclosures, (iii) inspection fees and expenses and (iv) the management and liquidation of Foreclosure Property but is only required to pay such costs and expenses to the extent the Servicer reasonably believes such costs and expenses will increase Net Liquidation Proceeds on the related Distribution DateLoan. If Each such amount so paid will constitute a “Servicing Advance.” The Servicer may recover Servicing Advances (x) from the Servicer determines not Borrowers to make a Nonrecoverable Advancethe extent permitted by the Loans, it shall on from Liquidation Proceeds realized upon the liquidation of the related Determination Date furnish to the Trustee, any co-trustee, Loan and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances (y) as provided in Section 5.09Sections 5.01(c)(1)(ii) or 5.01(c)(3)(ix) hereof. In no case may the Servicer recover Servicing Advances from principal and interest payments on any Loan or from any amounts relating to any other Loan except as provided pursuant to Sections 5.01(c)(1)(ii) or 5.01(c)(3)(ix) hereof.

Appears in 1 contract

Samples: Sale and Servicing Agreement (H&r Block Inc)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate 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 all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any such Advance shall be included with The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment, due prior to the payment in full of a Mortgage Loan, through the last Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan until the Certificateholders Servicer has determined in its reasonable discretion that any such advances would be nonrecoverable from collections on the related Distribution DateMortgage Loan. If The determination by the Servicer determines not to make that a Nonrecoverable P&I Advance, it if made, would be nonrecoverable, shall on be evidenced by an Officer’s Certificate of the related Determination Date furnish Servicer, delivered to the TrusteePurchaser or its designee, any co-trustee, and each Rating Agency notice of which details the reasons for such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Mortgage Loan Sale and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-S1)

Advances by the Servicer. IfWith respect to any Mortgage Loans, the Servicer shall deposit in the Collection Account as Advances, an amount equal to all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due on any such WMMSC Serviced Mortgage Loans serviced by it during the applicable Collection Period and which were delinquent at the close of business on the immediately preceding Determination Date; provided, however, that with respect to any Balloon Loan that is delinquent on its maturity date, the Servicer will not be required to advance the related balloon payment but will be required to continue to make advances in accordance with this Section 5.01 with respect to such Balloon Loan in an amount equal to one month’s interest on the outstanding principal balance at the applicable Mortgage Rate, to the extent the Servicer deems such amount to be recoverable. The Servicer’s obligation to make such Advances as to any WMMSC Serviced Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such WMMSC Serviced Mortgage Loan, or through the date that the Mortgaged Property has, in the judgment of the Servicer, been completely liquidated. The Servicer shall not be required to advance shortfalls of principal or interest resulting from the application of the Relief Act. With respect to any WMMSC Serviced Mortgage Loan, to the extent required by Accepted Servicing Practices, the Servicer shall be obligated to make Advances in accordance with the provisions of this Agreement; provided, however, that such obligation with respect to any WMMSC Serviced Mortgage Loan shall cease if the Servicer determines, in its reasonable opinion, that Advances with respect to such WMMSC Serviced Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch advances are Nonrecoverable Advances, the Servicer shallshall provide the Trust Administrator and the Trustee with a certificate signed by a Servicing Officer evidencing such determination. With respect to any of the WMMSC Serviced Mortgage Loans, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make if an Advance on or before the related Distribution Date in an amount equal is required to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution the Cash Remittance Date either (i) deposit in the its Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the its Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.035.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the its Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09due.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

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