Common use of Advances by the Servicer Clause in Contracts

Advances by the Servicer. Not later than the close of business on each Determination Date, the Servicer may in its sole discretion, if it determines such amount is recoverable, remit to the Trustee for deposit in the Certificate Account an amount (as indicated in the Servicer's Certificate prepared pursuant to Section 6.09), to be distributed on the related Remittance Date pursuant to Section 6.07, equal to the amount by which (i) 30 days' interest at a rate equal to the then applicable Adjusted SBA Loan Remittance Rate on the aggregate Class A, Class M and Class B Principal Balances immediately prior to the related Remittance Date (plus or minus the difference, if any, between (A) the sum of the Class A, Class M and Class B Interest Distribution Amounts and (B) the sum of the Adjusted Class A, Class M and Class B Interest Distribution Amounts for the related Remittance Date) exceeds (ii) the amount received by the Servicer as of the related Record Date in respect of interest on the Unguaranteed Interest of the SBA Loans minus the interest payable to the Registered Holders, the Premium Protection Fee, the Additional Fee, the Servicing Fee and the FTA's Fee (plus, for the Remittance Dates in April, May and June 1999, the sum of (i) all funds to be transferred to the Certificate Account from the Capitalized Interest Account for such Remittance Date pursuant to Section 6.04(g) and (ii) the Pre-Funding Earnings for the applicable Remittance Date), such excess being defined herein as the "Monthly Advance." The Servicer may reimburse itself for Monthly Advances made pursuant to Section 5.04. Notwithstanding the foregoing, the Servicer shall not be required to make a Monthly Advance with respect to an SBA Loan if it determines, in good faith, that such advance would be nonrecoverable from amounts received in respect of the SBA Loans.

Advances by the Servicer. Not later than 4:00 p.m. New York time on the close of business on each Determination Date, the Servicer may in its sole discretion, if it determines such amount is recoverable, shall remit to the Indenture Trustee for deposit in the Certificate related Note Distribution Account an amount (as indicated in the Servicer's Certificate prepared pursuant to Section 6.096.08 above), to be distributed on the related Remittance Payment Date pursuant to Section 6.076.06 above, equal to the amount by which sum of, with respect to each Group (ia) 30 days' the interest at a rate equal to the then applicable Adjusted SBA Loan Remittance Rate on the aggregate Class A, Class M and Class B Principal Balances immediately prior to portion of each Monthly Payment due but not received during the related Remittance Date Due Period (plus or minus the difference, if any, between (A) the sum net of the Class A, Class M and Class B Interest Distribution Amounts and (B) the sum of the Adjusted Class A, Class M and Class B Interest Distribution Amounts for the related Remittance Date) exceeds (ii) the amount received by the Servicer as of the related Record Date in respect of interest on the Unguaranteed Interest of the SBA Loans minus the interest payable to the Registered Holders, the Premium Protection Fee, the Additional Fee, the Servicing Fee and the FTA's Annual Trustee Expense Amount, plus (b) with respect to each REO Property with respect to the related Group, which was acquired during or prior to the related Due Period and as to which an REO Disposition did not occur during the related Due Period, an amount equal to the excess, if any, of interest on the Principal Balance of each such REO Property at the related Mortgage Rate (net of the Servicing Fee (plus, and the Annual Trustee Expense Amount) for the Remittance Dates in Aprilmost recently ended calendar month over the net income from the REO Property transferred to the Principal and Interest Account with respect to the related Group during the related Due Period pursuant to Section 5.10 above, May plus (c) with respect to a Mortgage Loan with a delinquent Balloon Payment, an amount equal to the assumed interest portion of the aggregate amount of the Monthly Payment that would have been due on the related Due Period (net of the Servicing Fee and June 1999the Annual Trustee Expense); except that, after the Cross-Over Date, the Servicer shall not be required to remit as the sum of clauses (ia), (b) all funds and (c) above, an amount in excess of the sum of the related Class A Interest Remittance Amount and the related Monthly Premium for the immediately following Remittance Date, plus (d) with respect to be transferred each such Payment Date, the amount necessary on the first, second, third, fourth and fifth Payment Dates to pay 30 days' interest with respect to each non-delinquent Subsequent Mortgage Loan (net of the Certificate Account from Servicing Fee and the Capitalized Interest Account for such Remittance Date Annual Trustee Expense Amount), plus (e) with respect to each Payment Date, if pursuant to Section 6.04(g5.04(ii) and (iiabove the Servicer has previously reimbursed itself for a Monthly Advance made pursuant to Section 6.09(c) the Pre-Funding Earnings for the applicable Remittance Date)or Section 6.09(d) above, then an amount equal to such amount previously reimbursed, such excess sum being defined herein as the "Monthly Advance." ". In lieu of making all or a portion of such Monthly Advance from its own funds, the Servicer may (i) cause to be made an appropriate entry in its records relating to the Principal and Interest Account with respect to the related Group that any amount held in the Principal and Interest Account with respect to the related Group, and not required for distribution on the immediately succeeding Payment Date has been used by the Servicer in discharge of its obligation to make any such Monthly Advance and (ii) transfer such funds from the Principal and Interest Account with respect to the related Group, to the related Note Distribution Account. Any funds so applied and transferred shall be replaced by the Servicer by deposit in the related Principal and Interest Account no later than the close of business on the Business Day immediately preceding the Payment Date on which such funds are required to be distributed pursuant to this Agreement. The Servicer may reimburse itself pursuant to Section 5.04 above for Monthly Advances made pursuant to Section 5.04from its own funds. Notwithstanding the foregoing, the Servicer shall not be required to make a Monthly Advance with respect required on the first Payment Date by Section 6.09(d) above shall be mandatory, and each successive Monthly Advance pursuant to an SBA Loan Section 6.09(d) and Section 6.09(e) above shall be made if it determinesand to the extent the Servicer has reimbursed itself for amounts previously advanced pursuant to such Sections 6.09(d) and 6.09(e), in good faith, that such advance would be nonrecoverable from amounts received in respect of as the SBA Loanscase may be.

Advances by the Servicer. Not later than the close of business on the third Business Day preceding each Determination Distribution Date, the Servicer may in its sole discretion, if it determines such amount is recoverable, shall remit to the Trustee for (but solely from and to the extent of amounts on deposit in the Certificate 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 (as indicated in the Servicer's Certificate prepared pursuant to Section 6.09), to be distributed on the related Remittance Date pursuant to Section 6.07, "ADVANCE") equal to the amount by which sum of (ia) 30 days' the interest at a rate equal to accrued in the then applicable Adjusted SBA Loan Remittance Rate related Due Period on the aggregate Class A, Class M Mortgage Loans but uncollected as of the close of business on the last day of such Due Period (net of the Servicing Fee) and Class B Principal Balances immediately (b) with respect to each REO Property which was acquired during or prior to the related Remittance Date (plus or minus Due Period and as to which an REO Disposition did not occur during the differencerelated Due Period, an amount equal to the excess, if any, between (A) the sum of the Class A, Class M and Class B Interest Distribution Amounts and (B) the sum of the Adjusted Class A, Class M and Class B Interest Distribution Amounts for the related Remittance Date) exceeds (ii) the amount received by the Servicer as of the related Record Date in respect of interest on the Unguaranteed Principal Balance of such REO Property computed at the related Mortgage Interest Rate (net of the SBA Loans minus the interest payable to the Registered Holders, the Premium Protection Fee, the Additional Fee, the Servicing Fee and (computed in the FTA's Fee (plus, for the Remittance Dates manner described in April, May and June 1999, the sum of paragraph (i) all funds or (ii), as applicable, of the definition thereof)) for the most 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 be transferred SECTION 5.10. Notwithstanding the provisions in the foregoing paragraph of this SECTION 6.08, with respect to the Certificate Account from Distribution Dates occurring on or before December 27, 1999, if the Capitalized amounts on deposit in the Principal and Interest Account for such Remittance Date pursuant are insufficient to Section 6.04(g) and make the full Advance (ii) the Pre-Funding Earnings for the applicable Remittance Dateas defined herein), and as a result thereof an Event of Nonpayment would occur, the Servicer shall make an Advance from its own funds equal to such excess being defined herein as insufficiency to the "Monthly Advance." The Servicer extent of delinquent payments of interest and may reimburse itself for Monthly such Advances made from collections on the related Mortgage Loans pursuant to Section 5.04. Notwithstanding the foregoing, the Servicer shall not be required to make a Monthly Advance with respect to an SBA Loan if it determines, in good faith, that such advance would be nonrecoverable from amounts received in respect of the SBA LoansSECTION 5.04(II).

Advances by the Servicer. Not later The Servicer shall deposit in a Collection Account an amount equal to (i) with respect to the Mortgage Loans other than the close of business 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 Determination Datesuch 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 Balloon Loan that is delinquent on its maturity date, the Servicer may 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 sole discretionreasonable opinion, if it determines that Advances with respect to such amount is recoverable, remit Mortgage Loan are Nonrecoverable Advances; provided that the Servicer will be required to make Advances until the Trustee for deposit in the Certificate Account an amount (as indicated in the Servicer's Certificate prepared pursuant to Section 6.09), to be distributed on the related Remittance Date pursuant to Section 6.07, equal to the amount by which earlier of (i) 30 days' interest at a rate equal to (x) if the then applicable Adjusted SBA Mortgage Loan Remittance Rate on is an Old Republic Covered Loan and coverage under the aggregate Class ACredit Insurance Policy is available, Class M and Class B Principal Balances immediately prior to through the related Remittance Date (plus or minus the difference, if any, between earlier of (A) the sum liquidation of the Class A, Class M and Class B Interest Distribution Amounts related Mortgaged Property and (B) receipt of a payment with respect to such Mortgage Loan under the sum of Credit Insurance Policy and (y) if the Adjusted Class AMortgage Loan is not an Old Republic Covered Loan or if coverage under the Credit Insurance Policy is not available, Class M and Class B Interest Distribution Amounts for through the time at which the related Remittance Date) exceeds 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 such Advances are Nonrecoverable Advances, the 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 Servicer shall on 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 received 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 4.01, used by the Servicer as to make such Advance or (iii) make Advances in the form of the related Record Date in respect any combination of interest on the Unguaranteed Interest of the SBA Loans minus the interest payable to the Registered Holders, the Premium Protection Fee, the Additional Fee, the Servicing Fee and the FTA's Fee (plus, for the Remittance Dates in April, May and June 1999, the sum of clauses (i) all funds to be transferred to the Certificate Account from the Capitalized Interest Account for such Remittance Date pursuant to Section 6.04(g) and (ii) aggregating the Pre-Funding Earnings amount of such Advance. Any such funds being held in a Collection Account for future distribution and so used shall be replaced by the applicable Remittance Date), Servicer from its own funds by deposit in such excess being defined herein as the "Monthly Advance." Collection Account on or before any future Distribution Date in which such funds would be due. The Servicer may reimburse itself shall be entitled to be reimbursed from the Collection Account for Monthly all Advances of its own funds made pursuant to this Section 5.04. Notwithstanding the foregoing, the Servicer shall not be required to make a Monthly Advance with respect to an SBA Loan if it determines, as provided in good faith, that such advance would be nonrecoverable from amounts received in respect of the SBA LoansSection 3.08.

Advances by the Servicer. (a) Not later than 1:00 p.m. New York time on the close of business on Deposit Date related to each Determination Distribution Date, the Servicer may in its sole discretion, if it determines such amount is recoverable, shall remit to the Trustee for deposit in the Certificate Distribution Account an amount (as indicated in the Servicer's Certificate prepared pursuant to Section 6.09), to be distributed on the related Remittance Distribution Date pursuant to Section 6.075.01, equal to the amount by which (i) 30 days' interest at a rate equal to the then applicable Adjusted SBA Monthly Payment due on each Mortgage Loan Remittance Rate on the aggregate Class A, Class M and Class B Principal Balances immediately prior to during the related Remittance Date (plus or minus the differenceDue Period, if any, between (A) the sum of the Class A, Class M and Class B Interest Distribution Amounts and (B) the sum of the Adjusted Class A, Class M and Class B Interest Distribution Amounts for the related Remittance Date) exceeds (ii) the amount but not received by the Servicer as of the related Record Determination Date in respect of interest on the Unguaranteed Interest (net of the SBA Loans minus the interest payable to the Registered Holders, the Premium Protection Servicing Fee, the Additional Fee, the Servicing Fee and the FTA's Fee (plus, for the Remittance Dates in April, May and June 1999, the sum of (i) all funds to be transferred to the Certificate Account from the Capitalized Interest Account for such Remittance Date pursuant to Section 6.04(g) and (ii) the Pre-Funding Earnings for the applicable Remittance Date), such excess amount being defined herein as the "Monthly Advance." The "; 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 may reimburse itself shall remit to the Trustee for deposit in the Distribution Account such portion of the aggregate Monthly Advances made pursuant Advance for the Distribution Date as shall be necessary to Section 5.04eliminate the shortfall. Notwithstanding the foregoingWith 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 unpaid principal balance at the applicable Loan Rate (net of the Servicing Fee) according to the original amortization schedule for such Mortgage Loan. The obligation to make Monthly Advances with respect to each Mortgage Loan shall not continue until such Mortgage Loan becomes a Liquidated Mortgage Loan. (b) Notwithstanding anything herein to the contrary, (i) no Servicing Advance or Monthly Advance shall be required to make a 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 an SBA Loan if it determinesCivil Relief Act Interest Shortfalls. (c) All Monthly Advances and Servicing Advances, in good faithincluding any Nonrecoverable Advances shall be reimbursed on a first in, that such advance would be nonrecoverable from amounts received in respect first out basis. (d) So long as the Servicer is [___________________________] or otherwise has long-term debt rated at least investment grade by one of the SBA LoansRating Agencies, Monthly Advances may be made by the Servicer either (i) 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 Collection Account that amounts held for future distribution have been, as permitted by this Section 3.15, used by the Servicer in discharge of any such Monthly Advance) or (iii) in the form of any combination of (i) and (ii) aggregating the total amount of Monthly Advances to be made by the Servicer with respect to the Mortgage Loans and REO Properties. Any amounts held for future distribution and so used shall be appropriately reflected in the Servicer's records and replaced by the Servicer by deposit in the Collection Account on or before the next Deposit Date.

Advances by the Servicer. Not later than the close of business on each Determination Date, the Each Servicer may in its sole discretion, if it determines such amount is recoverable, remit to the Trustee for shall deposit in the Certificate a Collection Account an amount equal to all Scheduled Payments (as indicated in with interest at the Servicer's Certificate prepared pursuant to Section 6.09), to be distributed Mortgage Rate less the Servicing Fee Rate) which were due but not received on the related Remittance Date pursuant Mortgage Loans during the applicable Due Period; 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 6.07, 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 by which 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) 30 days' interest at a rate equal to (x) if the then applicable Adjusted SBA Mortgage Loan Remittance Rate on is an Old Republic Covered Loan and coverage under the aggregate Class ACredit Insurance Policy is available, Class M and Class B Principal Balances immediately prior to through the related Remittance Date (plus or minus the difference, if any, between earlier of (A) the sum liquidation of the Class A, Class M and Class B Interest Distribution Amounts related Mortgaged Property and (B) receipt of a payment with respect to such Mortgage Loan under the sum of Credit Insurance Policy and (y) if the Adjusted Class AMortgage Loan is not an Old Republic Covered Loan or if coverage under the Credit Insurance Policy is not available, Class M and Class B Interest Distribution Amounts for through the time at which the related Remittance Date) exceeds Mortgage Loan becomes 120 days delinquent or (ii) the amount received by the Servicer as of time at which the related Record Date in Servicer determines that such Advances with respect of interest 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 related Servicer shall on the Unguaranteed Interest of second Business Day immediately preceding the SBA Loans minus Distribution Date immediately following the interest payable to the Registered Holders, the Premium Protection Fee, the Additional Fee, the Servicing Fee and the FTA's Fee (plus, for the Remittance Dates in April, May and June 1999, the sum of related Determination Date either (i) all deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be transferred 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 4.01, used by the related Servicer to make such Advance or (iii) make Advances in the Certificate Account from the Capitalized Interest Account for such Remittance Date pursuant to Section 6.04(gform of any combination of clauses (i) and (ii) aggregating the Pre-Funding Earnings amount of such Advance. Any such funds being held in a Collection Account for future distribution and so used shall be replaced by the applicable Remittance Date), related Servicer from its own funds by deposit in such excess being defined herein as Collection Account on or before any future Distribution Date in which such funds would be due. The related Servicer shall be entitled to be reimbursed from the "Monthly Advance." The Servicer may reimburse itself Collection Account for Monthly all Advances of its own funds made pursuant to this Section 5.04. Notwithstanding the foregoing, the Servicer shall not be required to make a Monthly Advance with respect to an SBA Loan if it determines, as provided in good faith, that such advance would be nonrecoverable from amounts received in respect of the SBA LoansSection 3.08.

Advances by the Servicer. Not later than 4:00 p.m. New York time on the close of business on each Determination Date, the Servicer may in its sole discretion, if it determines such amount is recoverable, shall remit to the Trustee for deposit in the related Certificate Account an amount (as indicated in the Servicer's Certificate prepared pursuant to Section 6.096.08 above), to be distributed on the related Remittance Date pursuant to Section 6.076.06 above, equal to the sum of, with respect to each Sub-Pool (a) the interest portions of the aggregate amount by of Monthly Payments due but not received during the related Due Period (net of the Servicing Fee, the Annual Trustee Expense Amount and, after the Cross-Over Date, the Excess Spread with respect to the related Sub-Pool), plus (b) with respect to each REO Property with respect to the related Sub-Pool, which was acquired during or prior to the related Due Period and as to which an REO Disposition did not occur during the related Due Period, an amount equal to the excess, if any, of interest on the Principal Balance of such REO Property at the related Mortgage Rate (inet of the Servicing Fee, the Annual Trustee Expense Amount and, after the Cross-Over Date, the Excess Spread with respect to the related Sub-Pool) for the most recently ended calendar month over the net income from the REO Property transferred to the Principal and Interest Account with respect to the related Sub-Pool during the related Due Period pursuant to Section 5.10 above, plus (c) with respect to a Mortgage Loan with a delinquent Balloon Payment, an amount equal to the assumed interest portion of the aggregate amount of the Monthly Payment that would have been due on the related Due Period (net of the Servicing Fee, the Annual Trustee Expense Amount and, after the Cross-Over Date, the Excess Spread with respect to the related Sub-Pool) based on the original amortization schedule for such Mortgage Loan, plus (d) with respect to each Remittance Date, the amount necessary on the first, second, third, and fourth Remittance Dates to pay 30 days' interest at a rate equal with respect to the then applicable Adjusted SBA each non-delinquent Mortgage Loan Remittance Rate on the aggregate Class A, Class M and Class B Principal Balances immediately prior to the related Remittance Date (plus or minus the difference, if any, between (A) the sum net of the Class A, Class M and Class B Interest Distribution Amounts and (B) the sum of the Adjusted Class A, Class M and Class B Interest Distribution Amounts for the related Remittance Date) exceeds (ii) the amount received by the Servicer as of the related Record Date in respect of interest on the Unguaranteed Interest of the SBA Loans minus the interest payable to the Registered Holders, the Premium Protection Fee, the Additional Fee, the Servicing Fee and the FTA's Fee Annual Trustee Expense Amount), plus (pluse) with respect to each Remittance Date, for the Remittance Dates in April, May and June 1999, the sum of (i) all funds to be transferred to the Certificate Account from the Capitalized Interest Account for such Remittance Date if pursuant to Section 6.04(g5.04(ii) and (iiabove the Servicer has previously reimbursed itself for a Monthly Advance made pursuant to Section 6.09(c) the Pre-Funding Earnings for the applicable Remittance Date)or Section 6.09(d) above, then an amount equal to such amount previously reimbursed, such excess sum being defined herein as the "Monthly Advance." ". In lieu of making all or a portion of such Monthly Advance from its own funds, the Servicer may (i) cause to be made an appropriate entry in its records relating to the Principal and Interest Account with respect to the related Sub-Pool that any amount held in the Principal and Interest Account with respect to the related Sub-Pool, and not required for distribution on the immediately succeeding Remittance Date has been used by the Servicer in discharge of its obligation to make any such Monthly Advance and (ii) transfer such funds from the Principal and Interest Account with respect to the related Sub-Pool, to the related Certificate Account. Any funds so applied and transferred shall be replaced by the Servicer by deposit in the related Principal and Interest Account no later than the close of business on the Business Day immediately preceding the Remittance Date on which such funds are required to be distributed pursuant to this Agreement. The Servicer may reimburse itself pursuant to Section 5.04 above for Monthly Advances made pursuant to Section 5.04from its own funds. Notwithstanding the foregoing, the Servicer shall not be required to make a Monthly Advance with respect required on the first Remittance Date by Section 6.09(d) above shall be mandatory, and each successive Monthly Advance pursuant to an SBA Loan Section 6.09(d) and Section 6.09(e) above shall be made if it determinesand to the extent the Servicer has reimbursed itself for amounts previously advanced pursuant to such Sections 6.09(d) and 6.09(e), in good faith, that such advance would be nonrecoverable from amounts received in respect of as the SBA Loanscase may be.

Advances by the Servicer. (a) Not later than the ------------------------ close of business on the second Business Day preceding each Determination Distribution Date, the Servicer may in its sole discretion, if it determines such amount is recoverable, shall remit to the Trustee for deposit in the Certificate Collection Account an amount (as indicated in the Servicer's Certificate prepared pursuant to Section 6.09)amount, to be distributed on the related Remittance Distribution Date pursuant to Section 6.074.5(d), equal to the amount by which sum of (ia) 30 days' the interest accrued on each Home Equity Loan at a the Mortgage Rate (or at such lower rate equal as may be in effect for such Home Equity Loan pursuant to application of the then applicable Adjusted SBA Loan Remittance Rate Civil Relief Act and/or any Debt Service Reduction) through the related Due Date, but not received as of the close of busi ness on the aggregate Class A, Class M Determination Date for such Distribution Date (net of the Servicing Fee) and Class B Principal Balances immediately (b) with respect to each REO Property which was acquired during or prior to the related Remittance Date (plus or minus Due Period and as to which a final disposition did not occur during the differencerelated Due Period, an amount equal to the excess, if any, between (A) the sum of the Class A, Class M and Class B Interest Distribution Amounts and (B) the sum of the Adjusted Class A, Class M and Class B Interest Distribution Amounts for the related Remittance Date) exceeds (ii) the amount received by the Servicer as of the related Record Date in respect of interest on the Unguaranteed Interest Principal Balance of such REO Property at the SBA Loans minus Net Rate for the interest payable most recently ended Due Period prior to the Registered Holders, the Premium Protection Fee, the Additional Fee, the Servicing Fee and the FTA's Fee (plus, related Determination Date for the Remittance Dates in April, May and June 1999, related Home Equity Loan over the sum of (i) all funds to be net income from the REO Property transferred to the Certificate Account from the Capitalized Interest Collection Account for such Remittance Distribution Date pursuant to Section 6.04(g) and (ii) the Pre-Funding Earnings for the applicable Remittance Date), 3.4; such excess sum being defined herein as the "Monthly Advance." The Servicer may reimburse itself for Monthly Advances made pursuant to Section 5.04. Notwithstanding fund all or a portion of the foregoing, the Servicer shall not be required to make a Monthly Advance with respect to an SBA Loan the Home Equity Loans by instructing the Trustee on such Determination Date to use funds deposited in the Collection Account which are not part of the Total Distribution Amount for the related Distribution Date; provided that if it determinessuch funds are so used the Servicer shall replace such funds on or before any subsequent Determination Date on which such funds are required to be part of the Total Distribution Amount. (b) Notwithstanding anything herein to the contrary, in good faith, no Servicing Advance or Monthly Advance shall be required to be made hereunder if the Servicer determines that such advance would be nonrecoverable from amounts received in respect of the SBA LoansServicing Advance or Monthly Advance would, if made, constitute a Nonrecoverable Advance.

Advances by the Servicer. Not later than the close of business on each Determination Date, the Each Servicer may in its sole discretion, if it determines such amount is recoverable, remit to the Trustee for shall deposit in the Certificate a Collection Account an amount equal to (as indicated in i) with respect to the Servicer's Certificate prepared pursuant to Section 6.09)Mortgage Loans other than the Simple Interest Mortgage Loans, to be distributed all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due but not received on the related Remittance Date pursuant 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 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 6.07, 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 by which 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) 30 days' interest the time at a rate equal to the then applicable Adjusted SBA Loan Remittance Rate on the aggregate Class A, Class M and Class B Principal Balances immediately prior to which the related Remittance Date (plus Mortgage Loan becomes 120 days delinquent or minus the difference, if any, between (A) the sum of the Class A, Class M and Class B Interest Distribution Amounts and (B) the sum of the Adjusted Class A, Class M and Class B Interest Distribution Amounts for the related Remittance Date) exceeds (ii) the amount received by time at which the Servicer as of 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, 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 related Record Date in respect of interest Servicer shall on the Unguaranteed Interest of second Business Day immediately preceding the SBA Loans minus Distribution Date immediately following the interest payable to the Registered Holders, the Premium Protection Fee, the Additional Fee, the Servicing Fee and the FTA's Fee (plus, for the Remittance Dates in April, May and June 1999, the sum of related Determination Date either (i) all deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be transferred 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 4.01, used by the related Servicer to make such Advance or (iii) make Advances in the Certificate Account from the Capitalized Interest Account for such Remittance Date pursuant to Section 6.04(gform of any combination of clauses (i) and (ii) aggregating the Pre-Funding Earnings amount of such Advance. Any such funds being held in a Collection Account for future distribution and so used shall be replaced by the applicable Remittance Date), related Servicer from its own funds by deposit in such excess being defined herein as Collection Account on or before any future Distribution Date in which such funds would be due. The related Servicer shall be entitled to be reimbursed from the "Monthly Advance." The Servicer may reimburse itself Collection Account for Monthly all Advances of its own funds made pursuant to this Section 5.04. Notwithstanding the foregoing, the Servicer shall not be required to make a Monthly Advance with respect to an SBA Loan if it determines, as provided in good faith, that such advance would be nonrecoverable from amounts received in respect of the SBA LoansSection 3.08.

Advances by the Servicer. Not later than 4:00 p.m. New York time on the close of business on each Determination Date, the Servicer may in its sole discretion, if it determines such amount is recoverable, shall remit to the Trustee for deposit in the related Certificate Account an amount (as indicated in the Servicer's Certificate prepared pursuant to Section 6.096.08 above), to be distributed on the related Remittance Date pursuant to Section 6.076.06 above, equal to the sum of, with respect to each Sub- (a) the interest portions of the aggregate amount by of Monthly Payments due but not received during the related Due Period (net of the Servicing Fee, the Annual Trustee Expense Amount and, after the Cross-Over Date, the Excess Spread with respect to the related Sub-Pool), plus (b) with respect to each REO Property with respect to the related Sub-Pool, which was acquired during or prior to the related Due Period and as to which an REO Disposition did not occur during the related Due Period, an amount equal to the excess, if any, of interest on the Principal Balance of such REO Property at the related Mortgage Rate (inet of the Servicing Fee, the Annual Trustee Expense Amount and, after the Cross-Over Date, the Excess Spread with respect to the related Sub-Pool) for the most recently ended calendar month over the net income from the REO Property transferred to the Principal and Interest Account with respect to the related Sub-Pool during the related Due Period pursuant to Section 5.10 above, plus (c) with respect to a Mortgage Loan with a delinquent Balloon Payment, an amount equal to the assumed interest portion of the aggregate amount of the Monthly Payment that would have been due on the related Due Period (net of the Servicing Fee, the Annual Trustee Expense Amount and, after the Cross-Over Date, the Excess Spread with respect to the related Sub-Pool) based on the original amortization schedule for such Mortgage Loan, plus (d) with respect to each Remittance Date, the amount necessary on the first, second, third, and fourth Remittance Dates to pay 30 days' interest at a rate equal with respect to the then applicable Adjusted SBA each non-delinquent Mortgage Loan Remittance Rate on the aggregate Class A, Class M and Class B Principal Balances immediately prior to the related Remittance Date (plus or minus the difference, if any, between (A) the sum net of the Class A, Class M and Class B Interest Distribution Amounts and (B) the sum of the Adjusted Class A, Class M and Class B Interest Distribution Amounts for the related Remittance Date) exceeds (ii) the amount received by the Servicer as of the related Record Date in respect of interest on the Unguaranteed Interest of the SBA Loans minus the interest payable to the Registered Holders, the Premium Protection Fee, the Additional Fee, the Servicing Fee and the FTA's Fee Annual Trustee Expense Amount), plus (pluse) with respect to each Remittance Date, for the Remittance Dates in April, May and June 1999, the sum of (i) all funds to be transferred to the Certificate Account from the Capitalized Interest Account for such Remittance Date if pursuant to Section 6.04(g5.04(ii) and (iiabove the Servicer has previously reimbursed itself for a Monthly Advance made pursuant to Section 6.09(c) the Pre-Funding Earnings for the applicable Remittance Date)or Section 6.09(d) above, then an amount equal to such amount previously reimbursed, such excess sum being defined herein as the "Monthly Advance." ". In lieu of making all or a portion of such Monthly Advance from its own funds, the Servicer may (i) cause to be made an appropriate entry in its records relating to the Principal and Interest Account with respect to the related Sub-Pool that any amount held in the Principal and Interest Account with respect to the related Sub-Pool, and not required for distribution on the immediately succeeding Remittance Date has been used by the Servicer in discharge of its obligation to make any such Monthly Advance and (ii) transfer such funds from the Principal and Interest Account with respect to the related Sub-Pool, to the related Certificate Account. Any funds so applied and transferred shall be replaced by the Servicer by deposit in the related Principal and Interest Account no later than the close of business on the Business Day immediately preceding the Remittance Date on which such funds are required to be distributed pursuant to this Agreement. The Servicer may reimburse itself pursuant to Section 5.04 above for Monthly Advances made pursuant to Section 5.04from its own funds. Notwithstanding the foregoing, the Servicer shall not be required to make a Monthly Advance with respect required on the first Remittance Date by Section 6.09(d) above shall be mandatory, and each successive Monthly Advance pursuant to an SBA Loan Section 6.09(d) and Section 6.09(e) above shall be made if it determinesand to the extent the Servicer has reimbursed itself for amounts previously advanced pursuant to such Sections 6.09(d) and 6.09(e), in good faith, that such advance would be nonrecoverable from amounts received in respect of as the SBA Loanscase may be.