Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Servicer shall be either included in the related Remittance Report or evidenced by an Officers' Certificate delivered to the Trust Administrator and the Trustee by the Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred. (b) All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date as follows: first, to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments received under the cap contract, third, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-11 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifth, to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class M-9 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A Certificates or the Class P Certificates. (c) All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM11 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM10 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Wfhe1, Asset-Backed Pass-Through Certificates, Series 2006-Wfhe1), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Wfhe1, Asset-Backed Pass-Through Certificates, Series 2006-Wfhe1)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Master Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Fraud Losses or Special Hazard Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Master Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report or evidenced by an Officers' Certificate delivered to the Trust Administrator Administrator, the Paying Agent and the Trustee by the Master Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans related to each Collateral Pool (other than Excess Losses) shall be allocated by the Trust Administrator Paying Agent on each Distribution Date as follows: first, in reverse sequential order to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments received under the cap contract, third, to the Class CE Subordinate Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-11 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifth, to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class M-9 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteenth, to the Class M-1 Certificates, in each case until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to Thereafter, upon the reduction of the Certificate Principal Balances of the related Subordinate Certificates to zero, all Classes on any Distribution Date Realized Losses shall be so allocated after among the actual distributions related Senior Certificates on a PRO RATA basis. Any Excess Losses attributable to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates Mortgage Loan shall be to allocated among all the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, related Certificates on such Distribution Datea PRO RATA basis. Any allocation of a Realized Losses Loss to a Mezzanine Certificate on any Distribution Date shall will be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances as of the Class A Certificates or Distribution Date in the Class P Certificates.
(c) All month following the calendar month in which such Realized Losses on the Mortgage Loans shall Loss was incurred. Extraordinary Trust Fund Expenses relating to Collateral Pool H will be allocated by the Trust Administrator on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, any distribution date as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest IClass 1-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98% and 2%, respectivelyB6 Certificates; second, to the Uncertificated Balances of the REMIC I Regular Interest IClass 1-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, 98% and 2%, respectivelyB5 Certificates; third, to the Uncertificated Balances of REMIC I Regular Interest IClass 1-LTAAB4 Certificates; fourth, REMIC I Regular Interest Ito the Class 1-LTM11 B3 Certificates; fifth, to the Class 1-B2 Certificates; sixth, to the Class 1-B1 Certificates and REMIC I Regular Interest Iseventh, to the Class 1-LTZZM Certificates, 98%, 1% and 1%, respectively, in each case until the Uncertificated Certificate Principal Balance of REMIC I Regular Interest I-LTM11 the related class has been reduced to zero. Thereafter, the Extraordinary Trust Fund Expenses relating to Collateral Pool H will be allocated on any distribution date among the Group H Class A Certificates on a PRO RATA basis based on their Certificate Principal Balances. Extraordinary Trust Fund Expenses relating to Collateral Pool A will be allocated on any distribution date as follows: first, to the Class 2-B6 Certificates; second, to the Class 2-B5 Certificates; third, to the Class 2-B4 Certificates; fourth, to the Uncertificated Balances of REMIC I Regular Interest IClass 2-LTAAB3 Certificates; fifth, REMIC I Regular Interest Ito the Class 2-LTM10 B2 Certificates; and REMIC I Regular Interest Isixth, to the Class 2-LTZZB1 Certificates, 98%, 1% and 1%, respectively, in each case until the Uncertificated Certificate Principal Balance of REMIC I Regular Interest I-LTM10 the related class has been reduced to zero. Thereafter, the Extraordinary Trust Fund Expenses relating to Collateral Pool A will be allocated on any 102 distribution date among the Class A-A Certificates and Class A-X Certificates on a PRO RATA basis based on their Certificate Principal Balances. Extraordinary Trust Fund Expenses relating to Collateral Pool W will be allocated on any distribution date as follows: first, to the Class 3-B6 Certificates; second, to the Class 3-B5 Certificates; third, to the Class 3-B4 Certificates; fourth, to the Class 3-B3 Certificates; fifth, to the Uncertificated Balances of REMIC I Regular Interest IClass 3-LTAAB2 Certificates; and sixth, REMIC I Regular Interest Ito the Class 3-LTM9 and REMIC I Regular Interest I-LTZZB1 Certificates, 98%, 1% and 1%, respectively, in each case until the Uncertificated Certificate Principal Balance of REMIC I Regular Interest I-LTM9 the related class has been reduced to zero; sixth. Thereafter, the Extraordinary Trust Fund Expenses relating to Collateral Pool W will be allocated on any distribution date to the Uncertificated Balances Group W Class A Certificates. Notwithstanding the method of REMIC I Regular Interest I-LTAAallocation of Realized Losses and Extraordinary Fund Expenses above, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZif any Overcollateralization exists when Realized Losses or Extraordinary Trust Fund Expenses are to be allocated, 98%, 1% and 1%, respectivelysuch Realized Losses or Extraordinary Trust Fund Expenses will be allocated first to the Overcollateralization, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been Overcollateralization is reduced to zero; seventh, prior to allocating such Realized Losses or Extraordinary Trust Fund Expenses to the Certificates in accordance with the priorities set forth above. As used herein, an allocation of a Realized Loss or Extraordinary Trust Fund Expense on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the Uncertificated basis of their then outstanding Certificate Principal Balances prior to giving effect to distributions to be made on such Distribution Date. All Realized Losses and all other losses allocated to a Class of REMIC I Regular Interest I-LTAACertificates hereunder will be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced thereby.
(c) Notwithstanding anything to the contrary herein, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until in no event shall the Uncertificated Certificate Principal Balance of REMIC I Regular Interest I-LTM7 has been a Class A Certificate be reduced more than once in respect of any particular amount both (i) allocable to zero; eighth, such Certificate in respect of Realized Losses or Extraordinary Trust Fund Expenses pursuant to Section 4.04 and (ii) payable to the Uncertificated Balances Holder of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until such Certificate pursuant to Section 4.01(a) as a portion of the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zeroSenior Principal Distribution Amount.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc. Series 2004 - HYB4), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc. Series 2004 - HYB4)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Determination Date, the Master Servicer shall determine as to each Mortgage Loan and REO Propertydetermine: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Fraud Losses, Special Hazard Losses or Extraordinary Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Determination Date, the Master Servicer shall also determine as to each Mortgage Loandetermine: (Ai) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report or evidenced by an Officers' Certificate delivered to the Trust Administrator and the Trustee by the Master Servicer prior to the Determination Date immediately following the end of (xi) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (yii) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses, other than Excess Special Hazard Losses, Extraordinary Losses, Excess Bankruptcy Losses, Excess Fraud Losses on the Mortgage Loans and Extraordinary Trust Fund Expenses, shall be allocated by the Trust Administrator on each Distribution Date as follows: first, to the Interest Distribution Amount for the Class CE B Certificates for the related Interest Accrual Period; second, to payments received under the cap contract, third, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-11 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifthand thereafter, to upon the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class M-9 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances reduction of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of the Class B Certificates to zero, to the Class A Certificates. Any Excess Special Hazard Losses, Extraordinary Losses, Excess Bankruptcy Losses and Excess Fraud Losses attributable to any Mortgage Loan Expenses shall be allocated among the Class A Certificates and Class B Certificates on a PRO RATA basis. Extraordinary Trust Fund Expenses shall be among all Classes of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Datea PRO RATA basis. Any allocation of a Realized Losses Loss to a Mezzanine Certificate on any Distribution Date shall will be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any as of the Distribution Date in the month following the calendar month in which such Realized Loss was incurred. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of its then outstanding Certificate Principal Balance prior to giving effect to distributions to be made on such Distribution Date. All Realized Losses and all other losses allocated to a Class CE of Certificates shall hereunder will be made by reducing allocated among the amount otherwise payable Certificates of such Class in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made proportion to the Certificate Principal Balances of the Class A Certificates or the Class P CertificatesPercentage Interests evidenced thereby.
(c) All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM11 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM10 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Salomon Brothers Mor Sec Vii Inc Mor Pa THR Cer Ser 1995 3), Pooling and Servicing Agreement (Salomon Brothers Mor Sec Vii Inc Mor Pa THR Cer Ser 1995 2)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Servicer shall be either included in the related Remittance Report (in form and format reasonably required and mutually agreed upon by the Servicer) or evidenced by an Officers' ’ Certificate delivered to the Trust Administrator and the Trustee by the Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date as follows: first, to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments Net Swap Payments received under the cap contract, Interest Rate Swap Agreement; third, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-11 M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifth, to the Class M-10 M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class M-9 M-8 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-8 M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-7 M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; and thirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A Certificates or the Class P Certificates.
(c) All Realized Losses on the Group I Mortgage Loans shall be allocated on each Distribution Date to REMIC I Regular Interest I-1-A through REMIC I Regular Interest I-56-B, starting with the lowest numerical denomination until such REMIC I Regular Interest has been reduced to zero, provided that, for REMIC I Regular Interests with the same numerical denomination, such Realized Losses shall be allocated pro rata between such REMIC I Regular Interests. All Realized Losses on the Group II Mortgage Loans shall be allocated on each Distribution Date to REMIC I Regular Interest II-1-A through REMIC I Regular Interest II-56-B, starting with the lowest numerical denomination until such REMIC I Regular Interest has been reduced to zero, provided that, for REMIC I Regular Interests with the same numerical denomination, such Realized Losses shall be allocated pro rata between such REMIC I Regular Interests. All Realized Losses on the Group III Mortgage Loans shall be allocated on each Distribution Date to REMIC I Regular Interest III-1-A through REMIC I Regular Interest III-56-B, starting with the lowest numerical denomination until such REMIC I Regular Interest has been reduced to zero, provided that, for REMIC I Regular Interests with the same numerical denomination, such Realized Losses shall be allocated pro rata between such REMIC I Regular Interests.
(d) The REMIC II Marker Allocation Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC I II Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I II Regular Interest I-LTAA and REMIC I II Regular Interest I-LTZZ up to an aggregate amount equal 105 to the REMIC I II Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I II Regular Interest I-LTAA and REMIC I II Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM11 LTM10 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM11 LTM10 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM10 LTM9 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM10 LTM9 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM9 LTM8 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM9 LTM8 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM8 LTM7 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM8 LTM7 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM7 LTM6 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM7 LTM6 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM6 LTM5 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM6 LTM5 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM5 LTM4 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM5 LTM4 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM4 LTM3 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM4 LTM3 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM3 LTM2 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM3 LTM2 has been reduced to zero; zero and twelfth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM2 LTM1 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM2 has been reduced to zero and thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
(e) The REMIC II Sub WAC Allocation Percentage of all Realized Losses shall be applied after all distributions have been made on each Distribution Date first, so as to keep the Uncertificated Balance of each REMIC II Regular Interest ending with the designation “GRP” equal to 0.01% of the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group; second, to each REMIC II Regular Interest ending with the designation “SUB,” so that the Uncertificated Balance of each such REMIC II Regular Interest is equal to 0.01% of the excess of (x) the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group over (y) the current Certificate Principal Balance of the Class A Certificate in the related Loan Group (except that if any such excess is a larger number than in the preceding distribution period, the least amount of Realized Losses shall be applied to such REMIC II Regular Interests such that the REMIC II Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses shall be allocated to REMIC II Regular Interest LTXX.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Ahl2)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Master Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Fraud Losses or Special Hazard Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Master Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report or evidenced by an Officers' ’ Certificate delivered to the Trust Administrator Administrator, the Paying Agent and the Trustee by the Master Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans (other than Excess Losses) shall be allocated by the Trust Administrator Paying Agent on each Distribution Date as follows: first, in reverse sequential order to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments received under the cap contract, third, to the Class CE Subordinate Certificates, in each case until the Certificate Principal Balance thereof has been reduced to zero. Thereafter, upon the reduction of the Certificate Principal Balances of the Subordinate Certificates to zero, (i) the Non-PO Percentage of Realized Losses on a Mortgage Loan (other than Excess Losses) will be allocated on any Distribution Date to the Class 1-A1 Certificates, if the Realized Loss is on a Group 1 Mortgage Loan or to Group 2 Class A Certificates (in the manner described below) if the Realized Loss is on a Group 2 Mortgage Loan or (ii) if Realized Losses are on a Class PO Mortgage Loan, such Realized Losses will be allocated to the related Class PO Certificates in an amount equal to the related Class PO Percentage of the Realized Losses and the remainder of the Realized Losses will be allocated on any Distribution Date to the Class 1-A1 Certificates, if the Realized Loss is on a Group 1 Mortgage Loan or to Group 2 Class A Certificates (in the manner described below) if the Realized Loss is on a Group 2 Mortgage Loan. Excess Losses on the Mortgage Loans will be allocated on any Distribution Date by allocating (i) the related Senior Percentage of the Non-PO Percentage of the Excess Loss to the Class 1-A1 Certificates (if the Excess Loss is on a Group 1 Mortgage Loan) or to the Group 2 Class A Certificates in the manner described below (if the Excess Loss is on a Group 2 Mortgage Loan) and (ii) the related Subordinate Percentage (related to the loan group in which the Mortgage Loan that suffered the Excess Loss is included) of the Non-PO Percentage of the Excess Loss to the Subordinate Certificates on a pro rata basis based on their Certificate Principal Balances. Excess Losses on a Class PO Mortgage Loan will be allocated to the related Class PO Certificates in an amount equal to the related Class PO Percentage of the Excess Losses and the remainder of the Excess Losses will be allocated by allocating (i) the related Senior Percentage of the Non-PO Percentage of the Excess Loss to the Class 1-A1 Certificates (if the Excess Loss is on a Group 1 Mortgage Loan) or to the Group 2 Class A Certificates in the manner described below (if the Excess Loss is on a Group 2 Mortgage Loan) and (ii) the related Subordinate Percentage (related to the loan group in which the Mortgage Loan that suffered the Excess Loss is included) of the Non-PO Percentage of the Excess Loss to the Subordinate Certificates on a pro rata basis based on their Certificate Principal Balances. Any Extraordinary Trust Fund Expenses will be allocated on any Distribution Date as follows: first, to the Class B6 Certificates; second, to the Class B5 Certificates; third, to the Class B4 Certificates; fourth, to the Class M-11 B3 Certificates; fifth, to the Class B2 Certificates; and sixth, to the Class B1 Certificates, in each case until the Certificate Principal Balance thereof of such Class has been reduced to zero. Thereafter, fifththe Extraordinary Trust Fund Expenses will be allocated on any distribution date among the Class A Certificates and the Class PO Certificates on a pro rata basis based on their respective Certificate Principal Balances. Notwithstanding the foregoing, any Realized Loss (including any Excess Loss) or any Extraordinary Trust Fund Expense that is allocated to the Group 2 Class A Certificates will be allocated among the classes of Group 2 Class A Certificates on a pro rata basis; provided that any Realized Losses (other than any Excess Losses) so allocated to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, 2-A1A Certificates and Class 2-A1B Certificates will be allocated first to the Class M-9 2-A1B Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteenth, then to the Class M-1 2-A1A Certificates. Notwithstanding the method of allocation of Realized Losses and Extraordinary Fund Expenses above, if any overcollateralization exists when Realized Losses or Extraordinary Trust Fund Expenses are to be allocated, such Realized Losses or Extraordinary Trust Fund Expenses will be allocated first to the overcollateralization, until the Certificate Principal Balance thereof has been overcollateralization is reduced to zero. All , prior to allocating such Realized Losses to be allocated or Extraordinary Trust Fund Expenses to the Certificates in accordance with the priorities set forth above. As used herein, an allocation of a Realized Loss or Extraordinary Trust Fund Expense on a “pro rata basis” among two or more specified Classes of Certificates means an allocation on a pro rata basis, among the various Classes so specified, to each such Class of Certificates on the basis of their then outstanding Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual prior to giving effect to distributions to be made on such date as provided aboveDistribution Date. All references above Realized Losses and all other losses allocated to the Certificate Principal Balance of any a Class of Certificates shall hereunder will be to allocated among the Certificate Principal Balance Certificates of such Class immediately prior in proportion to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution DatePercentage Interests evidenced thereby. Any allocation of a Realized Losses Loss of Extraordinary Trust Fund Expense to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances as of the Class A Certificates or Distribution Date following the Class P CertificatesPrepayment Period in which such Realized Loss was incurred.
(c) All Notwithstanding anything to the contrary herein, in no event shall the Certificate Principal Balance of a Certificate be reduced more than once in respect of any particular amount both (i) allocable to such Certificate in respect of Realized Losses on the Mortgage Loans shall be allocated by the or Extraordinary Trust Administrator on each Distribution Date Fund Expenses pursuant to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest Section 4.04 and (ii) payable to the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up Holder of such Certificate pursuant to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM11 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM10 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zeroSection 4.01(a).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-4)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Servicer shall be either included in the related Remittance Report or evidenced by an Officers' ’ Certificate delivered to the Trust Administrator and the Trustee by the Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date as follows: first, to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments received under the cap contract, third, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-11 M-13 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifth, to the Class M-10 M-12 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class M-9 M-11 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighthtenth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; nintheleventh, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenthtwelfth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; elevenththirteenth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfthfourteenth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenthfifteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteenthsixteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A Certificates or the Class P Certificates.
(c) All The REMIC I Marker Allocation Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM13 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM13 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM12 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM12 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM11 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM11 has been reduced to zero; fourthsixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM10 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM10 has been reduced to zero; fifthseventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixtheighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventhninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighthtenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; nintheleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenthtwelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; elevenththirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelfthfourteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenthfifteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero. The REMIC I Sub WAC Allocation Percentage of all Realized Losses shall be applied after all distributions have been made on each Distribution Date first, so as to keep the Uncertificated Balance of each REMIC I Regular Interest ending with the designation “GRP” equal to 0.01% of the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group; second, to each REMIC I Regular Interest ending with the designation “SUB,” so that the Uncertificated Balance of each such REMIC I Regular Interest is equal to 0.01% of the excess of (x) the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group over (y) the current Certificate Principal Balance of the Class A Certificate in the related Loan Group (except that if any such excess is a larger number than in the preceding distribution period, the least amount of Realized Losses shall be applied to such REMIC I Regular Interests such that the REMIC I Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses shall be allocated to REMIC I Regular Interest I-LTXX.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc., Series 2005-He4)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Master Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Fraud Losses or Special Hazard Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Master Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report or evidenced by an Officers' ’ Certificate delivered to the Trust Administrator Administrator, the Paying Agent and the Trustee by the Master Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Following all distributions to be made pursuant to Section 4.01 on a Distribution Date, all Realized Losses determined by the Master Servicer as described in (a) above on the Mortgage Loans (other than Excess Losses) shall be allocated by the Trust Administrator on each Distribution Date as follows: first, in reverse sequential order to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments received under the cap contract, third, to the Class CE Subordinate Certificates, in each case until the Certificate Principal Balance thereof has been reduced to zero. Thereafter, upon the reduction of the Certificate Principal Balances of the Subordinate Certificates to zero, such Realized Losses, other than Excess Losses, will be allocated on any Distribution Date to the Class A1A Certificates and the Class A134B Certificates as described below (if the Realized Loss is on a Group 1 Mortgage Loan), to the Class A2A Certificates and the Class A2B Certificates as described below (if the Realized Loss is on a Group 2 Mortgage Loan), to the Class A3A Certificates and the Class A134B Certificates as described below (if the Realized Loss is on a Group 3 Mortgage Loan), to the Class A4A Certificates and the Class A134B Certificates as described below (if the Realized Loss is on a Group 4 Mortgage Loan) or to the Class A5A Certificates and the Class A5B Certificates as described below (if the Realized Loss is on a Group 5 Mortgage Loan). Excess Losses on the Mortgage Loans will be allocated on any Distribution Date by allocating (i) the related Senior Percentage of the Excess Loss to the Class A1A Certificates and Class A134B Certificates as described below (if the Excess Loss is on a Group 1 Mortgage Loan), to the Class A2A Certificates and Class A2B Certificates as described below (if the Excess Loss is on a Group 2 Mortgage Loan), to the Class A3A Certificates and Class A134B Certificates as described below (if the Excess Loss is on a Group 3 Mortgage Loan), to the Class A4A Certificates and the Class A134B Certificates as described below (if the Realized Loss is on a Group 4 Mortgage Loan) or to the Class A5A Certificates and the Class A5B Certificates as described below (if the Realized Loss is on a Group 5 Mortgage Loan), and (ii) the Subordinate Percentage (related to the loan group in which the mortgage loan that suffered the Excess Loss is included) of the Excess Loss to the Subordinate Certificates on a pro rata basis based on their respective Certificate Principal Balances. Any Extraordinary Trust Fund Expenses will be allocated on any Distribution Date as follows: first, to the Class B6 Certificates; second, to the Class B5 Certificates; third, to the Class B4 Certificates; fourth, to the Class M-11 B3 Certificates; fifth, to the Class B2 Certificates; and sixth, to the Class B1 Certificates, in each case until the Certificate Principal Balance thereof of such Class has been reduced to zero. Thereafter, fifthany Extraordinary Trust Fund Expenses will be allocated on any Distribution Date among the Class A Certificates on a pro rata basis based on their respective Certificate Principal Balance. Notwithstanding the foregoing, any Realized Loss (including any Excess Loss) or any Extraordinary Trust Fund Expense that is allocated to the Class M-10 Certificates, until A1A Certificates and Class A134B Certificates will be allocated between such classes on a pro rata basis (based on the Certificate Principal Balance thereof of the Class A1A Certificates and the Component Principal Balance of the A1B Component); provided that any Realized Losses (other than any Excess Losses) so allocated to the Class A1A Certificates and Class A134B Certificates will be allocated first to the Class A134B Certificates to the extent of the Component Principal Balance of the A1B Component until the Component Principal Balance of the A1B Component has been reduced to zero, sixth, zero and then to the Class M-9 A1A Certificates. Any Realized Loss (including any Excess Loss) or any Extraordinary Trust Fund Expense that is allocated to the Class A2A Certificates until and Class A2B Certificates will be allocated between such classes on a pro rata basis (based on the Certificate Principal Balance thereof has been reduced to zeroof the Class A2A Certificates and the Class A2B Certificates); seventh, provided that any Realized Losses (other than any Excess Losses) so allocated to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, A2A Certificates and Class A2B Certificates will be allocated first to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-2 Certificates, A2B Certificates until the Certificate Principal Balance thereof has been reduced to zero and fourteenth, then to the Class M-1 A2A Certificates, . Any Realized Loss (including any Excess Loss) or any Extraordinary Trust Fund Expense that is allocated to the Class A3A Certificates and Class A134B Certificates will be allocated between such classes on a pro rata basis (based on the Certificate Principal Balance of the Class A3A Certificates and the Component Principal Balance of the A3B Component); provided that any Realized Losses (other than any Excess Losses) so allocated to the Class A3A Certificates and Class A134B Certificates will be allocated first to the Class A134B Certificates to the extent of the Component Principal Balance of the A3B Component until the Component Principal Balance of the A3B Component has been reduced to zero and then to the Class A3A Certificates. Any Realized Loss (including any Excess Loss) or any Extraordinary Trust Fund Expense that is allocated to the Class A4A Certificates and Class A134B Certificates will be allocated between such classes on a pro rata basis (based on the Certificate Principal Balance of the Class A4A Certificates and the Component Principal Balance of the A4B Component); provided that any Realized Losses (other than any Excess Losses) so allocated to the Class A4A Certificates and Class A134B Certificates will be allocated first to the Class A134B Certificates to the extent of the Component Principal Balance of the A4B Component until the Component Principal Balance of the A4B Component has been reduced to zero and then to the Class A4A Certificates. Any Realized Loss (including any Excess Loss) or any Extraordinary Trust Fund Expense that is allocated to the Class A5A Certificates and Class A5B Certificates will be allocated between such classes on a pro rata basis; provided that any Realized Losses (other than any Excess Losses) so allocated to the Class A5A Certificates and Class A5B Certificates will be allocated first to the Class A5B Certificates until the Certificate Principal Balance thereof has been reduced to zerozero and then to the Class A5A Certificates. All Notwithstanding the method of allocation of Realized Losses and Extraordinary Fund Expenses above, if any overcollateralization exists when Realized Losses or Extraordinary Trust Fund Expenses are to be allocated, such Realized Losses or Extraordinary Trust Fund Expenses will be allocated first to the overcollateralization, until the overcollateralization is reduced to zero, prior to allocating such Realized Losses or Extraordinary Trust Fund Expenses to the Certificates in accordance with the priorities set forth above. As used herein, an allocation of a Realized Loss or Extraordinary Trust Fund Expense on a “pro rata basis” among two or more specified Classes of Certificates means an allocation on a pro rata basis, among the various Classes so specified, to each such Class of Certificates on the basis of their then outstanding Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual prior to giving effect to distributions to be made on such date as provided aboveDistribution Date. All references above Realized Losses and all other losses allocated to the Certificate Principal Balance of any a Class of Certificates shall hereunder will be to allocated among the Certificate Principal Balance Certificates of such Class immediately prior in proportion to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution DatePercentage Interests evidenced thereby. Any allocation of a Realized Losses Loss of Extraordinary Trust Fund Expense to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances as of the Class A Certificates or Distribution Date following the Class P CertificatesPrepayment Period in which such Realized Loss was incurred.
(c) All Notwithstanding anything to the contrary herein, in no event shall the Certificate Principal Balance of a Class A Certificate be reduced more than once in respect of any particular amount both (i) allocable to such Certificate in respect of Realized Losses on the Mortgage Loans shall be allocated by the or Extraordinary Trust Administrator on each Distribution Date Fund Expenses pursuant to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest Section 4.04 and (ii) payable to the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up Holder of such Certificate pursuant to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances Section 4.01(a) as a portion of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I Senior Principal Loss Allocation Distribution Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM11 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM10 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc., Series 2007-Ar7)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Fraud Losses or Special Hazard Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Servicer shall be either included in the related Remittance Report or evidenced by an Officers' Certificate delivered to the Trust Administrator and the Trustee by the Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.. 98
(b) All Realized Losses on the Mortgage Loans (other than Excess Losses) shall be allocated by the Trust Administrator on each Distribution Date as follows: first, to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual PeriodB-6 Certificates; second, to payments received under the cap contract, Class B-5 Certificates; third, to the Class CE B-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-11 B-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, ; fifth, to the Class M-10 B-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, ; and sixth, to the Class M-9 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-8 B-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteenth, to the Class M-1 Certificates, in each case until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to Thereafter, upon the reduction of the Certificate Principal Balances of all Classes the Subordinate Certificates to zero, such Realized Losses will be allocated on any Distribution Date first, to any amounts on deposit in the Excess Diverted Interest Reserve Account and second, to the Class A-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan, to the Class A-2 Certificates, if the Realized Loss is on a Group II Mortgage Loan, to the Class A-3 Certificates (on a PRO RATA basis based on the Certificate Principal Balance of each such Class), if the Realized Loss is on a Group III Mortgage Loan and to the Class A-4 Certificates (allocated first, to the Class A-4-2 Certificates, until the Certificate Principal Balance of the Class A-4-2 Certificates has been reduced to zero and second, to the Class A-4-1 Certificates, until the Certificate Principal Balance of the Class A-4-1 Certificates has been reduced to zero), if the Realized Loss is on a Group IV Mortgage Loan. If a Realized Loss is allocated to the Excess Diverted Interest Reserve Account, the Trust Administrator shall pay the Group I Excess Diverted Interest Reserve Deposit, the Group II Excess Diverted Interest Reserve Deposit, the Group III Excess Diverted Interest Reserve Deposit or the Group IV Excess Diverted Interest Reserve Deposit, as applicable, to the Available Distribution Amount to which the Realized Loss relates. Excess Losses shall be allocated on any Distribution Date by allocating the related Senior Percentage of the Excess Loss to the Class A-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan, to the Class A-2 Certificates, if the Realized Loss is on a Group II Mortgage Loan, to the Class A-3 Certificates (on a PRO RATA basis based on the Certificate Principal Balance of each such Class), if the Realized Loss is on a Group III Mortgage Loan and to the Class A-4 Certificates (allocated first, to the Class A-4-2 Certificates, until the Certificate Principal Balance of the Class A-4-2 Certificates has been reduced to zero and second, to the Class A-4-1 Certificates, until the Certificate Principal Balance of the Class A-4-1 Certificates has been reduced to zero), if the Realized Loss is on a Group IV Mortgage Loan, and the Group I Subordinate Percentage, the Group II Subordinate Percentage, the Group III Subordinate Percentage or the Group IV Subordinate Percentage, as applicable, of the Excess Loss to the Subordinate Certificates. Extraordinary Trust Fund Expenses shall be allocated on any Distribution Date as follows: first, to the Class B-6 Certificates; second, to the Class B-5 Certificates; third, to the Class B-4 Certificates; fourth, to the Class B-3 Certificates; fifth, to the Class B-2 Certificates; and sixth, to the Class B-1 Certificates, in each case until the Certificate Principal Balance of the related Class has been reduced to zero. Thereafter, the Extraordinary Trust Fund Expenses will be allocated on any Distribution Date among the Class A-1 Certificates, the Class A-2 Certificates, the Class A-3 Certificates and the Class A-4 Certificates, as applicable, on a PRO RATA basis. As used herein, an allocation of a Realized Loss or Extraordinary Trust Fund Expense on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so allocated after specified, to each such Class of Certificates on the actual basis of their then outstanding Certificate Principal Balances prior to giving effect to distributions to be made on such date as provided aboveDistribution Date. All references above Realized Losses and all other losses allocated to a Class of Certificates hereunder will be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced thereby.
(c) Notwithstanding anything to the contrary herein, in no event shall the Certificate Principal Balance of a Class A Certificate be reduced more than once in respect of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated particular amount both (i) allocable to such Class of Certificates, on such Distribution Date. Any allocation Certificate in respect of Realized Losses to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof or Extraordinary Trust Fund Expenses pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A Certificates or the Class P Certificates.
4.04 and (cii) All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up Holder of such Certificate pursuant to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances Section 4.01(a) as a portion of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I Senior Principal Loss Allocation Distribution Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM11 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM10 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Series 2004-Hyb1)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Master Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Fraud Losses or Special Hazard Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Master Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report or evidenced by an Officers' Certificate delivered to the Trust Administrator and the Trustee by the Master Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Group I Mortgage Loans (other than Excess Losses) shall be allocated by the Trust Administrator Trustee on each Distribution Date as follows: first, to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual PeriodBF- 6 Certificates; second, to payments received under the cap contract, Class BF-5 Certificates; third, to the Class CE BF-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-11 BF-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, ; fifth, to the Class M-10 BF-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, ; and sixth, to the Class M-9 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-8 BF-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteenth, to the Class M-1 Certificates, in each case until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to Thereafter, upon the reduction of the Certificate Principal Balances of all Classes the Group I Subordinate Certificates to zero, if Realized Losses are on a Class IO Mortgage Loan, such Realized Losses will be allocated on any Distribution Date shall to the Class AF-1 Certificates, if the Realized Loss is on a Group I-A Mortgage Loan and to the Class AF-2 Certificates, if the Realized Loss is on a Group I-B Mortgage Loan. If Realized Losses are on a Class PO Mortgage Loan, such Realized Losses will be allocated to the Class PO Certificates in an amount equal to the Class PO Percentage of the Realized Losses and the remainder of the Realized Losses will be allocated on any Distribution Date to the Class AF-1 Certificates, if the Realized Loss is on a Group I-A Mortgage Loan and to the Class AF-2 Certificates, if the Realized Loss is on a Group I-B Mortgage Loan. Realized Losses on the Group II Mortgage Loans (other than Excess Losses), will be allocated on any Distribution Date as follows: first, to the Class BV-6 Certificates; second, to the Class BV-5 Certificates; third, to the Class BV-4 Certificates; fourth, to the Class BV-3 Certificates; fifth, to the Class BV-2 Certificates; and sixth, to the Class BV-1 Certificates, in each case until the Certificate Principal Balance of the related Class has been reduced to zero. Thereafter, the remainder of the Realized Losses will be allocated on any Distribution Date to the Class AV-1 Certificates, if the Realized Loss is on a Group II-A Mortgage Loan and to the Class AV-2 Certificates, if the Realized Loss is on a Group II-B Mortgage Loan. With respect to the Group I-A Mortgage Loans, Excess Losses on a Class IO Mortgage Loan will be allocated on any Distribution Date by allocating the related Group I Senior Percentage of the Excess Loss to the Class AF-1 Certificates and the Group I-A Subordinate Percentage of the Excess Loss to the Group I Subordinate Certificates. With respect to the Group I-B Mortgage Loans, Excess Losses on a Class IO Mortgage Loan will be allocated on any Distribution Date by allocating the related Group I Senior Percentage of the Excess Loss to the Class AF-2 Certificates and the Group I-B Subordinate Percentage of the Excess Loss to the Group I Subordinate Certificates. With respect to the Group I Mortgage Loans, Excess Losses on a Class PO Mortgage Loan will be allocated to the Class PO Certificates in an amount equal to the related Class PO Percentage of the Excess Losses and the remainder of the Excess Losses will be allocated on any Distribution Date to the Group I Senior Certificates by allocating the related Group I Senior Percentage of the Excess Loss to the related Group I Senior Certificates and the Group I-A Subordinate Percentage or the Group I-B Subordinate Percentage, as applicable, of the Excess Loss to the Group I Subordinate Certificates. With respect to the Group II-A Mortgage Loans, Excess Losses will be allocated on any Distribution Date by allocating the related Group II Senior Percentage of the Excess Loss to the Class AV-1 Certificates and the Group II-A Subordinate Percentage of the Excess Loss to the Group II Subordinate Certificates on a PRO RATA basis. With respect to the Group II-B Mortgage Loans, Excess Losses will be allocated on any Distribution Date by allocating the related Group II Senior Percentage of the Excess Loss to the Class AV-2 Certificates and the Group II-B Subordinate Percentage of the Excess Loss to the Group II Subordinate Certificates on a PRO RATA basis. Extraordinary Trust Fund Expenses relating to Loan Group I or Loan Group II, as applicable, will be allocated on any Distribution Date as follows: first, to the Class BF-6 Certificates or the Class BV-6 Certificates, as applicable; second, to the Class BF-5 Certificates or the Class BV- 5 Certificates, as applicable; third, to the Class BF-4 Certificates or the Class BV-5 Certificates, as applicable; fourth, to the Class BF-3 Certificates or the Class BV-3 Certificates, as applicable; fifth, to the Class BF-2 Certificates or the Class BV-2 Certificates, as applicable; and sixth, to the Class BF-1 Certificates or the Class BV-1 Certificates, as applicable, in each case until the Certificate Principal Balance of the related Class has been reduced to zero. Thereafter, the Extraordinary Trust Fund Expenses will be allocated on any Distribution Date among the Group I Senior Certificates or the Group II Senior Certificates, as applicable, on a PRO RATA basis. As used herein, an allocation of a Realized Loss or Extraordinary Trust Fund Expense on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so allocated after specified, to each such Class of Certificates on the actual basis of their then outstanding Certificate Principal Balances prior to giving effect to distributions to be made on such date as provided aboveDistribution Date. All references above Realized Losses and all other losses allocated to a Class of Certificates hereunder will be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced thereby.
(c) Notwithstanding anything to the contrary herein, in no event shall the Certificate Principal Balance of a Class A Certificate be reduced more than once in respect of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated particular amount both (i) allocable to such Class of Certificates, on such Distribution Date. Any allocation Certificate in respect of Realized Losses to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof or Extraordinary Trust Fund Expenses pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A Certificates or the Class P Certificates.
4.04 and (cii) All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up Holder of such Certificate pursuant to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances Section 4.01(a) as a portion of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I related Senior Principal Loss Allocation Distribution Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM11 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM10 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Union Planters Mortgage Loan Trust Series 2001-Up1)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Servicer shall be either included in the related Remittance Report or evidenced by an Officers' ’ Certificate delivered to the Trust Administrator and the Trustee by the Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date as follows: first, to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments received under the cap contractCap Contract and Net Swap Payments received under the Interest Rate Swap Agreement, third, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-11 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifth, to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class M-9 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A Certificates or the Class P Certificates.
(c) All Realized Losses on the Group I Mortgage Loans shall be allocated on each Distribution Date to REMIC I Regular Interest I-1-A through REMIC I Regular Interest I-24-B, starting with the lowest numerical denomination until such REMIC I Regular Interest has been reduced to zero, provided that, for REMIC I Regular Interests with the same numerical denomination, such Realized Losses shall be allocated pro rata between such REMIC I Regular Interests. All Realized Losses on the Group II Mortgage Loans shall be allocated on each Distribution Date to REMIC I Regular Interest II-1-A through REMIC I Regular Interest II-24-B, starting with the lowest numerical denomination until such REMIC I Regular Interest has been reduced to zero, provided that, for REMIC I Regular Interests with the same numerical denomination, such Realized Losses shall be allocated pro rata between such REMIC I Regular Interests.
(d) The REMIC II Marker Allocation Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC I II Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I II Regular Interest I-LTAA and REMIC I II Regular Interest I-LTZZ up to an aggregate amount equal 105 to the REMIC I II Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I II Regular Interest I-LTAA and REMIC I II Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM11 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM10 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM9 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM9 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM8 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM7 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM6 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM5 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM4 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM4 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM3 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM2 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM2 has been reduced to zero and thirteenth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM1 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM1 has been reduced to zero. The REMIC II Sub WAC Allocation Percentage of all Realized Losses shall be applied after all distributions have been made on each Distribution Date first, so as to keep the Uncertificated Balance of each REMIC II Regular Interest ending with the designation “GRP” equal to 0.01% of the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group; second, to each REMIC II Regular Interest ending with the designation “SUB,” so that the Uncertificated Balance of each such REMIC II Regular Interest is equal to 0.01% of the excess of (x) the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group over (y) the current Certificate Principal Balance of the Class A Certificate in the related Loan Group (except that if any such excess is a larger number than in the preceding distribution period, the least amount of Realized Losses shall be applied to such REMIC II Regular Interests such that the REMIC II Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses shall be allocated to REMIC II Regular Interest LTXX.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Nc1)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Master Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Fraud Losses or Special Hazard Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Master Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report or evidenced by an Officers' Certificate delivered to the Trust Administrator Administrator, the Paying Agent and the Trustee by the Master Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans related to each Collateral Pool (other than Excess Losses) shall be allocated by the Trust Administrator Paying Agent on each Distribution Date as follows: first, in reverse sequential order to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments received under the cap contract, third, to the Class CE Subordinate Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-11 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifth, to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class M-9 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteenth, to the Class M-1 Certificates, in each case until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses Thereafter, (i) with respect to be allocated to Collateral Pool I, upon the reduction of the Certificate Principal Balances of the related Subordinate Certificates to zero, all Classes Realized Losses on the Mortgage Loans related to such Collateral Pool (other than Excess Losses) shall be allocated to the related Class A Certificates as set forth below; (ii) with respect to Collateral Pool II, upon the reduction of the Certificate Principal Balances of the related Subordinate Certificates to zero, all Realized Losses on the Mortgage Loans related to such Collateral Pool (other than 114 Excess Losses) shall be allocated to the Class II-A1A Certificates and the Class II-A1B Certificates as set forth below (if such Realized Loss is on a Group II-1 Mortgage Loan) and to the Class II-A2A Certificates and the Class II-A2B Certificates as set forth below (if such Realized Loss is on a Group II-2 Mortgage Loan); and (iii) with respect to Collateral Pool III, upon the reduction of the Certificate Principal Balances of the related Subordinate Certificates to zero, (A) all Realized Losses on the Mortgage Loans (other than Class PO Mortgage Loans) and Mortgage Loan Components related to such Collateral Pool (other than Excess Losses) shall be allocated to the Class III-A1 Certificates (if such Realized Loss is on a Mortgage Loan in Subgroup III-A1) and to the Class III-A2 Certificates (if such Realized Loss is on a Mortgage Loan in Subgroup III-A2) and (B) all Realized Losses on the Class PO Mortgage Loans related to such Collateral Pool (other than Excess Losses) shall be allocated first, to the Class III-PO Certificates in an amount equal to the Class PO Percentage of each such Realized Loss and second, to the Class III-A1 Certificates. Excess Losses on the Group I Mortgage Loans will be allocated on any Distribution Date shall be so allocated after by allocating (i) the actual distributions to be made on such date as provided above. All references above related Senior Percentage of the Excess Loss to the Certificate Principal Balance Class I-A1A Certificates and Class I-A1B Certificates on as set forth below and (ii) the Group I Subordinate Percentage of the Excess Loss to the Group I Subordinate Certificates on a pro rata basis. Excess Losses on the Group II Mortgage Loans will be allocated on any Distribution Date by allocating (i) the related Senior Percentage of the Excess Loss to the Class II-A1A Certificates and Class II-A1B Certificates as set forth below (if such Excess Loss is on a Group II-1 Mortgage Loan) and to the Class II-A2A Certificates and the Class II-A2B Certificates as set forth below (if such Excess Loss is on a Group II-2 Mortgage Loan) and (ii) the Group II-1 Subordinate Percentage or the Group II-2 Subordinate Percentage, as applicable, of the Excess Loss to the Group II Subordinate Certificates shall on a pro rata basis. Excess Losses on the Mortgage Loans (other than Class PO Mortgage Loans) and Mortgage Loan Components in Collateral Pool III will be allocated on any Distribution Date by allocating (i) the related Senior Percentage of the Excess Loss to the Class III-A1 Certificates (if such Excess Loss is on a Mortgage Loan or Mortgage Loan Component in Subgroup III-A1) and to the Class III-A2 Certificates (if such Excess Loss is on a Mortgage Loan or Mortgage Loan Component in Subgroup III-A2) and (ii) the Group III-A1 Subordinate Percentage or the Group III-A2 Subordinate Percentage, as applicable, of the Excess Loss to the Group III Subordinate Certificates on a pro rata basis. Excess Losses on the Class PO Mortgage Loans in Collateral Pool III will be allocated on any Distribution Date by first, allocating the Class PO Percentage of each such Excess Loss to the Class PO Certificates, and second, allocating (i) the related Senior Percentage of the remainder of such Excess Loss to the Class III-A1 Certificates and (ii) the Group III-A1 Subordinate Percentage or the Group III-A2 Subordinate Percentage, as applicable, of the Excess Loss to the Group III Subordinate Certificates on a pro rata basis. Extraordinary Trust Fund Expenses relating to Collateral Pool I will be allocated on any Distribution Date as follows: first, to the Class I-B6 Certificates; second, to the Class I-B5 Certificates; third, to the Class I-B4 Certificates; fourth, to the Class I-B3 Certificates; fifth, to the Class I-B2 Certificates; and sixth, to the Class I-B1 Certificates, in each case until the Certificate Principal Balance of such Class immediately prior has been reduced to zero. Thereafter, the Extraordinary Trust Fund Expenses relating to Collateral Pool I will be allocated on any Distribution Date to the relevant Group I Class A Certificates as set forth below. Extraordinary Trust Fund Expenses relating to Collateral Pool II will be allocated on any Distribution DateDate as follows: first, before reduction thereof by any Realized Lossesto the Class II-B6 Certificates; second, to the Class II-B5 Certificates; third, to the Class II-B4 Certificates; fourth, to the Class II-B3 Certificates; fifth, to the Class II-B2 Certificates; and sixth, to the Class II-B1 Certificates, in each case until the Certificate Principal Balance of such Class has been reduced to zero. Thereafter, the Extraordinary Trust Fund Expenses relating to Collateral Pool II will be allocated on any Distribution Date to the Class II-A1A Certificates and the Class II-A1B Certificates, on the one hand, and to the Class II-A2A Certificates and the Class II-A2B Certificates, on the other hand, on a pro rata basis based on the aggregate Certificate Principal Balance of the Class II-A1A Certificates and the Class II-A1B Certificates, on the one hand, and of the Class II-A2A Certificates and the Class II-A2B Certificates, on the other hand. Extraordinary Trust Fund Expenses relating to Collateral Pool III will be allocated on any Distribution Date as follows: first, to the Class III-B2 Certificates; and second, to the Class III-B1 Certificates, in each case until the Certificate Principal Balance of the related class has been reduced to zero. Thereafter, the Extraordinary Trust Fund Expenses relating to Collateral Pool III will be allocated on any Distribution Date among the Group III Senior Certificates (other than the Class III-XS Certificates) on a pro rata basis. Notwithstanding the method of allocation of Realized Losses and Extraordinary Fund Expenses above, if any overcollateralization exists when Realized Losses or Extraordinary Trust Fund Expenses are to be allocated, such Realized Losses or Extraordinary Trust Fund Expenses will be allocated first to the overcollateralization, until the overcollateralization is reduced to zero, prior to allocating such Realized Losses or Extraordinary Trust Fund Expenses to the Certificates in accordance with the priorities set forth above. Any allocation of a Realized Loss or Extraordinary Trust Fund Expense to the Group I Class A Certificates shall be allocated first to the Class I-A1B Certificates and then to the Class I-A1A Certificates. Any allocation of a Realized Loss or Extraordinary Trust Fund Expense to the Class II-A1A Certificates and Class II-A1B Certificates shall be allocated first to the Class II-A1B Certificates and then to the Class II-A1A Certificates. Any allocation of a Realized Loss or Extraordinary Trust Fund Expense to the Class II-A2A Certificates and Class II-A2B Certificates shall be allocated first to the Class II-A2B Certificates and then to the Class II-A2A Certificates. As used herein, an allocation of a Realized Loss or Extraordinary Trust Fund Expense on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates, Certificates on the basis of their then outstanding Certificate Principal Balances prior to giving effect to distributions to be made on such Distribution Date. All Realized Losses and all other losses allocated to a Class of Certificates hereunder will be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced thereby. Any allocation of a Realized Losses Loss of Extraordinary Trust Fund Expense to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances as of the Class A Certificates or Distribution Date following the Class P CertificatesPrepayment Period in which such Realized Loss was incurred.
(c) All Notwithstanding anything to the contrary herein, in no event shall the Certificate Principal Balance of a Class A Certificate be reduced more than once in respect of any particular amount both (i) allocable to such Certificate in respect of Realized Losses on the Mortgage Loans shall be allocated by the or 116 Extraordinary Trust Administrator on each Distribution Date Fund Expenses pursuant to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest Section 4.04 and (ii) payable to the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up Holder of such Certificate pursuant to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances Section 4.01(a) as a portion of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I Senior Principal Loss Allocation Distribution Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM11 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM10 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
Appears in 1 contract
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Servicer shall be either included in the related Remittance Report or evidenced by an Officers' ’ Certificate delivered to the Trust Administrator and the Trustee by the Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date as follows: first, to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments received under the cap contractInterest Rate Cap Agreement, third, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-11 M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifth, to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class M-9 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventhsixth, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighthseventh, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; nintheighth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteenththirteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A Certificates or the Class P Certificates.
(c) All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM11 LTM10 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM11 LTM10 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM10 LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM10 LTM9 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 LTM8 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 LTM7 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 LTM6 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 LTM5 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 LTM4 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 LTM3 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 LTM2 has been reduced to zero; zero and twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Wfhe2)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Master Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Fraud Losses or Special Hazard Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Master Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report or evidenced by an Officers' ’ Certificate delivered to the Trust Administrator Administrator, the Paying Agent and the Trustee by the Master Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans related to each Collateral Pool (other than Excess Losses) shall be allocated by the Trust Administrator Paying Agent on each Distribution Date as follows: first, in reverse sequential order to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments received under the cap contract, third, to the Class CE Subordinate Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-11 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifth, to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class M-9 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteenth, to the Class M-1 Certificates, in each case until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses Thereafter, (i) with respect to be allocated to Collateral Pool I, upon the reduction of the Certificate Principal Balances of the related Subordinate Certificates to zero, all Classes Realized Losses on the Mortgage Loans related to such Collateral Pool (other than Excess Losses) shall be allocated to the Class I-A1 Certificates and the Class I-AB Certificates as described below (if such Realized Loss is on a Group I-1 Mortgage Loan) or to the Class I-A2 Certificates and the Class I-AB Certificates as described below (if such Realized Loss is on a Group I-2 Mortgage Loan) and (ii) with respect to Collateral Pool II, upon the reduction of the Certificate Principal Balances of the related Subordinate Certificates to zero, all Realized Losses on the Mortgage Loans related to such Collateral Pool (other than Excess Losses) shall be allocated to the Group II Class A Certificates on a pro rata basis. Excess Losses on the Group I Mortgage Loans will be allocated on any Distribution Date shall be so allocated after by allocating (i) the actual distributions to be made on such date as provided above. All references above related Senior Percentage of the Excess Loss to the Certificate Principal Balance Class I-A1 Certificates and the Class I-AB Certificates as described below (if such Excess Loss is on a Group I-1 Mortgage Loan) or to the Class I-A2 Certificates and the Class I-AB Certificates as described below (if such Excess Loss is on a Group I-2 Mortgage Loan) and (ii) the related Group I Subordinate Percentage of the Excess Loss to the Group I Subordinate Certificates on a pro rata basis. Excess Losses on the Mortgage Loans in Collateral Pool II will be allocated on any Distribution Date by allocating (i) the related Senior Percentage of the Excess Loss to the Group II Class A Certificates on a pro rata basis and (ii) the Group II Subordinate Percentage of the Excess Loss to the Group II Subordinate Certificates shall on a pro rata basis. Any Extraordinary Trust Fund Expenses relating to Collateral Pool I will be allocated on any Distribution Date as follows: first, to the Class I-B6 Certificates; second, to the Class I-B5 Certificates; third, to the Class I-B4 Certificates; fourth, to the Class I-B3 Certificates; fifth, to the Class I-B2 Certificates; and sixth, to the Class I-B1 Certificates, in each case until the Certificate Principal Balance of such Class immediately prior has been reduced to zero. Thereafter, any Extraordinary Trust Fund Expenses relating to Collateral Pool I will be allocated on any Distribution Date among the Group I Class A Certificates on a pro rata basis. Any Extraordinary Trust Fund Expenses relating to Collateral Pool II will be allocated on any Distribution Date as follows: first, to the relevant Distribution DateClass II-B6 Certificates; second, before reduction thereof by any Realized Lossesto the Class II-B5 Certificates; third, to the Class II-B4 Certificates; fourth, to the Class II-B3 Certificates; fifth, to the Class II-B2 Certificates; and sixth, to the Class II-B1 Certificates, in each case until the Certificate Principal Balance of such Class has been reduced to zero. Thereafter, the Extraordinary Trust Fund Expenses relating to Collateral Pool II will be allocated on any Distribution Date among the Group II Class A Certificates on a pro rata basis. Notwithstanding the foregoing, any Realized Loss (including any Excess Loss) that is allocated to the Class I-A1 Certificates and Class I-AB Certificates will be allocated between such classes on a pro rata basis (based on the Certificate Principal Balance of the Class I-A1 Certificates and the Component Principal Balance of the I-A1 Component); provided that any Realized Losses (other than any Excess Losses) so allocated to the Class I-A1 Certificates and Class I-AB Certificates will be allocated first to the Class I-AB Certificates to the extent of the Component Principal Balance of the I-A1 Component until the Component Principal Balance of the I-A1 Component has been reduced to zero and then to the Class I-A1 Certificates. Any Realized Loss (including any Excess Loss) or any Extraordinary Trust Fund Expense that is allocated to the Class I-A2 Certificates and Class I-AB Certificates will be allocated between such classes on a pro rata basis (based on the Certificate Principal Balance of the Class I-A2 Certificates and the Component Principal Balance of the I-A2 Component); provided that any Realized Losses other than any Excess Losses) so allocated to the Class I-A2 Certificates and Class I-AB Certificates will be allocated first to the Class I-AB Certificates to the extent of the Component Principal Balance of the I-A2 Component until the Component Principal Balance of the I-A2 Component has been reduced to zero and then to the Class I-A2 Certificates. Notwithstanding the method of allocation of Realized Losses and Extraordinary Fund Expenses above, if any overcollateralization exists when Realized Losses or Extraordinary Trust Fund Expenses are to be allocated, such Realized Losses or Extraordinary Trust Fund Expenses will be allocated first to the overcollateralization, until the overcollateralization is reduced to zero, prior to allocating such Realized Losses or Extraordinary Trust Fund Expenses to the Certificates in accordance with the priorities set forth above. As used herein, an allocation of a Realized Loss or Extraordinary Trust Fund Expense on a “pro rata basis” among two or more specified Classes of Certificates means an allocation on a pro rata basis, among the various Classes so specified, to each such Class of Certificates, Certificates on the basis of their then outstanding Certificate Principal Balances prior to giving effect to distributions to be made on such Distribution Date. All Realized Losses and all other losses allocated to a Class of Certificates hereunder will be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced thereby. Any allocation of a Realized Losses Loss of Extraordinary Trust Fund Expense to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances as of the Class A Certificates or Distribution Date following the Class P CertificatesPrepayment Period in which such Realized Loss was incurred.
(c) All Notwithstanding anything to the contrary herein, in no event shall the Certificate Principal Balance of a Class A Certificate be reduced more than once in respect of any particular amount both (i) allocable to such Certificate in respect of Realized Losses on the Mortgage Loans shall be allocated by the or Extraordinary Trust Administrator on each Distribution Date Fund Expenses pursuant to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest Section 4.04 and (ii) payable to the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up Holder of such Certificate pursuant to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances Section 4.01(a) as a portion of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I Senior Principal Loss Allocation Distribution Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM11 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM10 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc., Series 2006-Ar2)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Master Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Fraud Losses or Special Hazard Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Master Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report or evidenced by an Officers' ’ Certificate delivered to the Trust Administrator Administrator, the Paying Agent and the Trustee by the Master Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans (other than Excess Losses) shall be allocated by the Trust Administrator Paying Agent on each Distribution Date as follows: first, in reverse sequential order to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments received under the cap contract, third, to the Class CE Subordinate Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-11 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifth, to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class M-9 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteenth, to the Class M-1 Certificates, in each case until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to Thereafter, upon the reduction of the Certificate Principal Balances of the Subordinate Certificates to zero, all Classes Realized Losses on the Mortgage Loans (other than Excess Losses) shall be allocated to the Class A Certificates. Excess Losses on the Mortgage Loans will be allocated on any Distribution Date shall be so allocated after by allocating (i) the actual distributions to be made on such date as provided above. All references above Senior Percentage of the Excess Loss to the Certificate Principal Balance Class A Certificates as set forth below and (ii) the Subordinate Percentage of the Excess Loss to the Subordinate Certificates on a pro rata basis. Extraordinary Trust Fund Expenses will be allocated on any Distribution Date as follows: first, to the Class of Certificates shall be B-6 Certificates; second, to the Class B-5 Certificates; third, to the Class B-4 Certificates; fourth, to the Class B-3 Certificates; fifth, to the Class B-2 Certificates; and sixth, to the Class B-1 Certificates, in each case until the Certificate Principal Balance of such Class immediately prior has been reduced to zero. Thereafter, the Extraordinary Trust Fund Expenses will be allocated on any Distribution Date to the relevant Distribution DateClass A Certificates. As used herein, before reduction thereof by any an allocation of a Realized LossesLoss or Extraordinary Trust Fund Expense on a “pro rata basis” among two or more specified Classes of Certificates means an allocation on a pro rata basis, in among the various Classes so specified, to each case to be allocated to such Class of Certificates, Certificates on the basis of their then outstanding Certificate Principal Balances prior to giving effect to distributions to be made on such Distribution Date. All Realized Losses and all other losses allocated to a Class of Certificates hereunder will be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced thereby. Any allocation of a Realized Losses Loss of Extraordinary Trust Fund Expense to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances as of the Class A Certificates or Distribution Date following the Class P CertificatesPrepayment Period in which such Realized Loss was incurred.
(c) All Notwithstanding anything to the contrary herein, in no event shall the Certificate Principal Balance of a Class A Certificate be reduced more than once in respect of any particular amount both (i) allocable to such Certificate in respect of Realized Losses on the Mortgage Loans shall be allocated by the or Extraordinary Trust Administrator on each Distribution Date Fund Expenses pursuant to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest Section 4.04 and (ii) payable to the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up Holder of such Certificate pursuant to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances Section 4.01(a) as a portion of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I Senior Principal Loss Allocation Distribution Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM11 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM10 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc. 2005-4)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Master Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Fraud Losses or Special Hazard Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Master Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report or evidenced by an Officers' ’ Certificate delivered to the Trust Administrator Administrator, the Paying Agent and the Trustee by the Master Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Following all distributions to be made pursuant to Section 4.01 on a Distribution Date, all Realized Losses determined by the Master Servicer as described in (a) above on the Mortgage Loans related to each Collateral Pool (other than Excess Losses) shall be allocated by the Trust Administrator on each Distribution Date as follows: (i) first, to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments received under the cap contractInterest Rate Cap Agreement and (ii) second, third, in reverse sequential order to the Class CE related Subordinate Certificates, in each case until the Certificate Principal Balance thereof has been reduced to zero. Thereafter, (i) with respect to Collateral Pool 1, upon the reduction of the Certificate Principal Balances of the Subordinate Certificates relating to Collateral Pool 1 to zero, such Realized Losses, other than Excess Losses, will be allocated on any Distribution Date to the Class 1-A1A Certificates and the Class 1-A1B Certificates as set forth below (if the Realized Loss is on a Group 1-1 Mortgage Loan), to the Class 1-A2A Certificates and the Class 1-A23B Certificates as set forth below (if the Realized Loss is on a Group 1-2 Mortgage Loan), to the Class 1-A3A Certificates and the Class 1-A23B Certificates as set forth below (if the Realized Loss is on a Group 1-3 Mortgage Loan) or to the Class 1-A4A Certificates and the Class 1-A4B Certificates as set forth below (if the Realized Loss is on a Group 1-4 Mortgage Loan) and (ii) with respect to Collateral Pool 2, upon the reduction of the Certificate Principal Balances of the Subordinate Certificates relating to Collateral Pool 2 to zero, the Non-PO Percentage of such Realized Losses, other than Excess Losses, will be allocated on any Distribution Date to the Class 2-1A Certificates (if the Realized Loss is on a Group 2-1 Mortgage Loan or Mortgage Loan Component) and the Class 2-2A Certificates as set forth below (if the Realized Loss is on a Subgroup 2-2 Mortgage Loan or Mortgage Loan Component. If Realized Losses are on a Class PO Mortgage Loan, the Class PO Percentage of such Realized Losses will be allocated to the Class 2-PO Certificates). Excess Losses on the Group 1 Mortgage Loans will be allocated on any Distribution Date by allocating (i) the related Group 1 Senior Percentage of the Excess Loss to the Class 1-A1A Certificates and Class 1-A1B Certificates as set forth below (if the Excess Loss is on a Group 1-1 Mortgage Loan), to the Class 1-A2A Certificates and Class 1-A23B Certificates as set forth below (if the Excess Loss is on a Group 1-2 Mortgage Loan), to the Class 1-A3A Certificates and Class 1-A23B Certificates as set forth below (if the Excess Loss is on a Group 1-3 Mortgage Loan) or to the Class 1-A4A Certificates and Class 1-A4B Certificates as set forth below (if the Excess Loss is on a Group 1-4 Mortgage Loan) and (ii) the Group 1 Subordinate Percentage (related to the Loan Group in which the Mortgage Loan that suffered the Excess Loss is included) of the Excess Loss to the Group 1 Subordinate Certificates on a pro rata basis based on their respective Certificate Principal Balances. Excess Losses on the Group 2 Mortgage Loans will be allocated on any Distribution Date by allocating (i) the related Group 2 Senior Percentage of the Non-PO Percentage of the Excess Loss to the Class 2-1A Certificates as described below (if the Excess Loss is on a Subgroup 2-2 Mortgage Loan or Mortgage Loan Component) and Class 2-2A Certificates as set forth below (if the Excess Loss is on a Subgroup 2-2 Mortgage Loan or Mortgage Loan Component) and (ii) the related Group 2 Subordinate Percentage (related to the Subgroup in which the Mortgage Loan or Mortgage Loan Component that suffered the Excess Loss is included) of the Non-PO Percentage of the Excess Loss to the Group 2 Subordinate Certificates on a pro rata basis based on their respective Certificate Principal Balances. Any Extraordinary Trust Fund Expenses relating to Collateral Pool 1 will be allocated on any Distribution Date as follows: first, to the Class 1-B6 Certificates; second, to the Class 1-B5 Certificates; third, to the Class 1-B4 Certificates; fourth, to the Class M-11 1-B3 Certificates; fifth, to the Class 1-B2 Certificates; and sixth, to the Class 1-B1 Certificates, in each case until the Certificate Principal Balance thereof of such Class has been reduced to zero. Thereafter, any Extraordinary Trust Fund Expenses relating to Collateral Pool 1 will be allocated on any Distribution Date among the Group 1 Class A Certificates on a pro rata basis based on their respective Certificate Principal Balances. Any Extraordinary Trust Fund Expenses relating to Collateral Pool 2 will be allocated on any Distribution Date as follows: first, to the Class 2-B6 Certificates; second, to the Class 2-B5 Certificates; third, to the Class 2-B4 Certificates; fourth, to the Class 2-B3 Certificates; fifth, to the Class M-10 2-B2 Certificates; and sixth, to the Class 2-B1 Certificates, in each case until the Certificate Principal Balance thereof of such Class has been reduced to zero. Thereafter, sixththe Extraordinary Trust Fund Expenses relating to Collateral Pool 2 will be allocated on any Distribution Date among the Group 2 Class A Certificates and the Class 2-PO Certificates on a pro rata basis based on their respective Certificate Principal Balances. Notwithstanding the foregoing, with respect to Collateral Pool 1, (i) any Realized Loss (including any Excess Loss) or any Extraordinary Trust Fund Expense that is allocated to the Class M-9 1-A1A Certificates until the Certificate Principal Balance thereof has been reduced to zeroand Class 1-A1B Certificates will be allocated between such classes on a pro rata basis; seventh, provided that any Realized Losses (other than any Excess Losses) so allocated to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, 1-A1A Certificates and Class 1-A1B Certificates will be allocated first to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-2 Certificates, 1-A1B Certificates until the Certificate Principal Balance thereof has been reduced to zero and fourteenth, then to the Class M-1 1-A1A Certificates, . Any Realized Loss (including any Excess Loss) or any Extraordinary Trust Fund Expense that is allocated to the Class 1-A2A Certificates and Class 1-A23B Certificates will be allocated between such classes on a pro rata basis (based on the Certificate Principal Balance of the Class 1-A2A Certificates and the Component Principal Balance of the 1-A2B Component); provided that any Realized Losses (other than any Excess Losses) so allocated to the Class 1-A2A Certificates and Class 1-A23B Certificates will be allocated first to the Class 1-A23B Certificates to the extent of the Component Principal Balance of the 1-A2B Component until the Component Principal Balance of the 1-A2B Component has been reduced to zero and then to the Class 1-A2A Certificates. Any Realized Loss (including any Excess Loss) or any Extraordinary Trust Fund Expense that is allocated to the Class 1-A23A Certificates and Class 1-A3B Certificates will be allocated between such classes on a pro rata basis; provided that any Realized Losses (other than any Excess Losses) so allocated to the Class 1-A3A Certificates and Class 1-A23B Certificates to the extent of the Component Principal Balance of the 1-A3B Component until the Component Principal Balance of the 1-A3B Component has been reduced to zero and then to the Class 1-A3A Certificates. Any Realized Loss (including any Excess Loss) or any Extraordinary Trust Fund Expense that is allocated to the Class 1-A4A Certificates and Class 1-A4B Certificates will be allocated between such classes on a pro rata basis; provided that any Realized Losses (other than any Excess Losses) so allocated to the Class 1-A4A Certificates and Class 1-A4B Certificates will be allocated first to the Class 1-A4B Certificates until the Certificate Principal Balance thereof has been reduced to zero. All zero and then to the Class 1-A4A Certificates Notwithstanding the foregoing, with respect to Collateral Pool 2, any Realized Losses to be Loss (including any Excess Loss) or any Extraordinary Trust Fund Expense that is allocated to the Class 2-1A Certificates will be allocated between the Class 2-A1 Certificates and the Class 2-A3 Certificates on a pro rata basis; provided that any Realized Losses (other than any Excess Losses) so allocated to the Class 2-1A Certificates will be allocated first to the Class 2-A3 Certificates until the Certificate Principal Balance thereof has been reduced to zero and then to the Class 2-A1 Certificates. Any Realized Loss (including any Excess Loss) or any Extraordinary Trust Fund Expense that is allocated to the Class 2-2A Certificates will be allocated between the Class 2-A4 Certificates and the Class 2-A6 Certificates on a pro rata basis; provided that any Realized Losses (other than any Excess Losses) so allocated to the Class 2-2A Certificates will be allocated first to the Class 2-A6 Certificates until the Certificate Principal Balance thereof has been reduced to zero and then to the Class 2-A4 Certificates. Notwithstanding the method of allocation of Realized Losses and Extraordinary Fund Expenses above, if any overcollateralization exists when Realized Losses or Extraordinary Trust Fund Expenses are to be allocated, such Realized Losses or Extraordinary Trust Fund Expenses will be allocated first to the overcollateralization, until the overcollateralization is reduced to zero, prior to allocating such Realized Losses or Extraordinary Trust Fund Expenses to the Certificates in accordance with the priorities set forth above. As used herein, an allocation of a Realized Loss or Extraordinary Trust Fund Expense on a “pro rata basis” among two or more specified Classes of Certificates means an allocation on a pro rata basis, among the various Classes so specified, to each such Class of Certificates on the basis of their then outstanding Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual prior to giving effect to distributions to be made on such date as provided aboveDistribution Date. All references above Realized Losses and all other losses allocated to the Certificate Principal Balance of any a Class of Certificates shall hereunder will be to allocated among the Certificate Principal Balance Certificates of such Class immediately prior in proportion to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution DatePercentage Interests evidenced thereby. Any allocation of a Realized Losses Loss of Extraordinary Trust Fund Expense to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances as of the Class A Certificates or Distribution Date following the Class P CertificatesPrepayment Period in which such Realized Loss was incurred.
(c) All Notwithstanding anything to the contrary herein, in no event shall the Certificate Principal Balance of a Class A Certificate be reduced more than once in respect of any particular amount both (i) allocable to such Certificate in respect of Realized Losses on the Mortgage Loans shall be allocated by the or Extraordinary Trust Administrator on each Distribution Date Fund Expenses pursuant to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest Section 4.04 and (ii) payable to the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up Holder of such Certificate pursuant to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances Section 4.01(a) as a portion of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I Senior Principal Loss Allocation Distribution Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM11 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM10 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-6)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Servicer shall be either included in the related Remittance Report or evidenced by an Officers' ’ Certificate delivered to the Trust Administrator and the Trustee by the Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date as follows: first, to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments received under the cap contractInterest Rate Cap Agreement and Net Swap Payments received under the Interest Rate Swap Agreement, third, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-11 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifth, to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class M-9 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A Certificates or the Class P Certificates.
(c) All Realized Losses on the Mortgage Loans shall be allocated on each Distribution Date to REMIC I Regular Interest I-1-A through REMIC I Regular Interest I-26-B, starting with the lowest numerical denomination until such REMIC I Regular Interest has been reduced to zero, provided that, for REMIC I Regular Interests with the same numerical denomination, such Realized Losses shall be allocated pro rata between such REMIC I Regular Interests.
(d) All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC I II Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I II Regular Interest I-LTAA and REMIC I II Regular Interest I-LTZZ up to an aggregate amount equal 105 to the REMIC I II Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I II Regular Interest I-LTAA and REMIC I II Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM11 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM10 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM9 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM9 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM8 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM7 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM6 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM5 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM4 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM4 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM3 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM2 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM2 has been reduced to zero and thirteenth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM1 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM1 has been reduced to zero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Wfhe4)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Master Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Fraud Losses or Special Hazard Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Master Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report or evidenced by an Officers' ’ Certificate delivered to the Trust Administrator Administrator, the Paying Agent and the Trustee by the Master Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans related to each Collateral Pool (other than Excess Losses) shall be allocated by the Trust Administrator Paying Agent on each Distribution Date as follows: first, in reverse sequential order to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments received under the cap contract, third, to the Class CE Subordinate Certificates, in each case until the Certificate Principal Balance thereof has been reduced to zero. Thereafter, (i) with respect to Collateral Pool I, upon the reduction of the Certificate Principal Balances of the related Subordinate Certificates to zero, all Realized Losses on the Mortgage Loans related to such Collateral Pool (other than Excess Losses) shall be allocated to the Class I-A1A Certificates and the Class I-A12B Certificates as described below (if such Realized Loss is on a Group I-1 Mortgage Loan), to the Class I-A2A Certificates Certificates and the Class I-A12B Certificates as described below (if such Realized Loss is on a Group I-2 Mortgage Loan), to the Class I-A3A Certificates and the Class I-A34B Certificates as described below (if such Realized Loss is on a Group I-3 Mortgage Loan), to the Class I-A4A Certificates and the Class I-A34B Certificates as described below (if such Realized Loss is on a Group I-4 Mortgage Loan) and to the Class I-A5A Certificates and the Class I-A5B Certificates as described below (if such Realized Loss is on a Group I-5 Mortgage Loan) and (ii) with respect to Collateral Pool II, upon the reduction of the Certificate Principal Balances of the related Subordinate Certificates to zero, all Realized Losses on the Mortgage Loans related to such Collateral Pool (other than Excess Losses) shall be allocated to the Group II Class A Certificates on a pro rata basis. Excess Losses on the Group I Mortgage Loans will be allocated on any Distribution Date by allocating (i) the related Senior Percentage of the Excess Loss to the Class I-A1A Certificates and the Class I-A12B Certificates as described below (if such Excess Loss is on a Group I-1 Mortgage Loan), to the Class I-A2A Certificates and the Class I-A12B Certificates as described below (if such Excess Loss is on a Group I-2 Mortgage Loan), to the Class I-A3A Certificates and the Class I-A34B Certificates as described below (if such Excess Loss is on a Group I-3 Mortgage Loan), to the Class I-A4A Certificates and the Class I-A34B Certificates on as described below (if such Excess Loss is on a Group I-4 Mortgage Loan) or to the Class I-A5A Certificates and the Class I-A5B Certificates as described below (if such Excess Loss is on a Group I-5 Mortgage Loan) and (ii) the related Group I Subordinate Percentage of the Excess Loss to the Group I Subordinate Certificates on a pro rata basis. Excess Losses on the Mortgage Loans in Collateral Pool II will be allocated on any Distribution Date by allocating (i) the related Senior Percentage of the Excess Loss to the Group II Class A Certificates on a pro rata basis and (ii) the Group II Subordinate Percentage of the Excess Loss to the Group II Subordinate Certificates on a pro rata basis. Any Extraordinary Trust Fund Expenses relating to Collateral Pool I will be allocated on any Distribution Date as follows: first, to the Class I-B6 Certificates; second, to the Class I-B5 Certificates; third, to the Class I-B4 Certificates; fourth, to the Class M-11 I-B3 Certificates; fifth, to the Class I-B2 Certificates; and sixth, to the Class I-B1 Certificates, in each case until the Certificate Principal Balance thereof of such Class has been reduced to zero. Thereafter, any Extraordinary Trust Fund Expenses relating to Collateral Pool I will be allocated on any Distribution Date among the Group I Class A Certificates on a pro rata basis. Any Extraordinary Trust Fund Expenses relating to Collateral Pool II will be allocated on any Distribution Date as follows: first, to the Class II-B6 Certificates; second, to the Class II-B5 Certificates; third, to the Class II-B4 Certificates; fourth, to the Class II-B3 Certificates; fifth, to the Class M-10 II-B2 Certificates; and sixth, to the Class II-B1 Certificates, in each case until the Certificate Principal Balance thereof of such Class has been reduced to zero. Thereafter, sixththe Extraordinary Trust Fund Expenses relating to Collateral Pool II will be allocated on any Distribution Date among the Group II Class A Certificates on a pro rata basis. Notwithstanding the foregoing, any Realized Loss (including any Excess Loss) or any Extraordinary Trust Fund Expense that is allocated to the Class M-9 I-A1A Certificates until and Class I-A12B Certificates will be allocated between such classes on a pro rata basis (based on the Certificate Principal Balance thereof of the Class I-A1A Certificates and the Component Principal Balance of the I-A1B Component); provided that any Realized Losses so allocated to the Class I-A1A Certificates and Class I-A12B Certificates will be allocated first to the Class I-A12B Certificates to the extent of the Component Principal Balance of the I-A1B Component until the Component Principal Balance of the I-A1B Component has been reduced to zero; seventh, zero and then to the Class M-8 I-A1A Certificates, until . Any Realized Loss (including any Excess Loss) or any Extraordinary Trust Fund Expense that is allocated to the Class I-A2A Certificates and Class I-A12B Certificates will be allocated between such classes on a pro rata basis (based on the Certificate Principal Balance thereof of the Class I-A2A Certificates and the Component Principal Balance of the I-A2B Component); provided that any Realized Losses so allocated to the Class I-A2A Certificates and Class I-A12B Certificates will be allocated first to the Class I-A12B Certificates to the extent of the Component Principal Balance of the I-A2B Component until the Component Principal Balance of the I-A2B Component has been reduced to zero; eighth, zero and then to the Class M-7 I-A2A Certificates, until . Any Realized Loss (including any Excess Loss) or any Extraordinary Trust Fund Expense that is allocated to the Class I-A3A Certificates and Class I-A34B Certificates will be allocated between such classes on a pro rata basis (based on the Certificate Principal Balance thereof of the Class I-A3A Certificates and the Component Principal Balance of the I-A3B Component); provided that any Realized Losses so allocated to the Class I-A3A Certificates and Class I-A34B Certificates will be allocated first to the Class I-A34B Certificates to the extent of the Component Principal Balance of the I-A3B Component until the Component Principal Balance of the I-A3B Component has been reduced to zero; ninth, zero and then to the Class M-6 I-A3A Certificates, until . Any Realized Loss (including any Excess Loss) or any Extraordinary Trust Fund Expense that is allocated to the Class I-A4A Certificates and Class I-A34B Certificates will be allocated between such classes on a pro rata basis (based on the Certificate Principal Balance thereof of the Class I-A4A Certificates and the Component Principal Balance of the I-A4B Component); provided that any Realized Losses so allocated to the Class I-A4A Certificates and Class I-A34B Certificates will be allocated first to the Class I-A34B Certificates to the extent of the Component Principal Balance of the I-A4B Component until the Component Principal Balance of the I-A4B Component has been reduced to zero; tenth, zero and then to the Class M-5 I-A4A Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, . Any Realized Loss (including any Excess Loss) or any Extraordinary Trust Fund Expense that is allocated to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zeroI-A5A Certificates and Class I-A5B Certificates will be allocated between such classes on a pro rata basis; twelfth, provided that any Realized Losses so allocated to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, I-A5A Certificates and Class I-A5B Certificates will be allocated first to the Class M-2 Certificates, I-A5B Certificates until the Certificate Principal Balance thereof has been reduced to zero and fourteenth, then to the Class M-1 I-A5A Certificates. Notwithstanding the method of allocation of Realized Losses and Extraordinary Fund Expenses above, if any overcollateralization exists when Realized Losses or Extraordinary Trust Fund Expenses are to be allocated, such Realized Losses or Extraordinary Trust Fund Expenses will be allocated first to the overcollateralization, until the Certificate Principal Balance thereof has been overcollateralization is reduced to zero. All , prior to allocating such Realized Losses to be allocated or Extraordinary Trust Fund Expenses to the Certificates in accordance with the priorities set forth above. As used herein, an allocation of a Realized Loss or Extraordinary Trust Fund Expense on a “pro rata basis” among two or more specified Classes of Certificates means an allocation on a pro rata basis, among the various Classes so specified, to each such Class of Certificates on the basis of their then outstanding Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual prior to giving effect to distributions to be made on such date as provided aboveDistribution Date. All references above Realized Losses and all other losses allocated to the Certificate Principal Balance of any a Class of Certificates shall hereunder will be to allocated among the Certificate Principal Balance Certificates of such Class immediately prior in proportion to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution DatePercentage Interests evidenced thereby. Any allocation of a Realized Losses Loss of Extraordinary Trust Fund Expense to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances as of the Class A Certificates or Distribution Date following the Class P CertificatesPrepayment Period in which such Realized Loss was incurred.
(c) All Notwithstanding anything to the contrary herein, in no event shall the Certificate Principal Balance of a Class A Certificate be reduced more than once in respect of any particular amount both (i) allocable to such Certificate in respect of Realized Losses on the Mortgage Loans shall be allocated by the or Extraordinary Trust Administrator on each Distribution Date Fund Expenses pursuant to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest Section 4.04 and (ii) payable to the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up Holder of such Certificate pursuant to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances Section 4.01(a) as a portion of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I Senior Principal Loss Allocation Distribution Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM11 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM10 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust, Series 2005-10)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Master Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Fraud Losses or Special Hazard Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Master Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report or evidenced by an Officers' ’ Certificate delivered to the Trust Administrator Administrator, the Paying Agent and the Trustee by the Master Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans related to each Collateral Pool (other than Excess Losses) shall be allocated by the Trust Administrator Paying Agent on each Distribution Date as follows: first, in reverse sequential order to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments received under the cap contract, third, to the Class CE Subordinate Certificates, in each case until the Certificate Principal Balance thereof has been reduced to zero. Thereafter, (i) with respect to Collateral Pool I, upon the reduction of the Certificate Principal Balances of the related Subordinate Certificates to zero, all Realized Losses on the Mortgage Loans related to such Collateral Pool (other than Excess Losses) shall be allocated to the Class I-A1 Certificates (if such Realized Loss is on a Group I-1 Mortgage Loan), to the Class I-A2 Certificates (if such Realized Loss is on a Group I-2 Mortgage Loan), to the Class I-A3 Certificates (if such Realized Loss is on a Group I-3 Mortgage Loan), to the Class I-A4 Certificates (if such Realized Loss is on a Group I-4 Mortgage Loan) and to the Class I-A5 Certificates (if such Realized Loss is on a Group I-5 Mortgage Loan); (ii) with respect to Collateral Pool II, upon the reduction of the Certificate Principal Balances of the related Subordinate Certificates to zero, (A) all Realized Losses on the Mortgage Loans (other than Class PO Mortgage Loans) and Mortgage Loan Components related to such Collateral Pool (other than Excess Losses) shall be allocated to the Class II-1-1A Certificates as described below (if the Excess Loss is on a Subgroup II-1-1 Mortgage Loan or Mortgage Loan Component), to the Class II-1-2A Certificates as described below (if the Excess Loss is on a Subgroup II-1-2 Mortgage Loan or Mortgage Loan Component), to the Class II-A2 Certificates (if the Excess Loss is on a Group II-2 Mortgage Loan or Mortgage Loan Component) and to the Class II-A3 Certificates (if the Excess Loss is on a Group II-3 Mortgage Loan or Mortgage Loan Component), and (B) all Realized Losses on the Class PO Mortgage Loans related to such Collateral Pool (other than Excess Losses) shall be allocated first, to the Class II-PO1 Certificates in an amount equal to the Class PO Percentage of each such Realized Loss and second, to the Class II-1-1 Certificates (if such Realized Loss is on a Mortgage Loan or Mortgage Loan Component in Subgroup II-1-1) or first, to the Class II-PO2 Certificates in an amount equal to the Class PO Percentage of each such Realized Loss and second, to the Class II-A2 Certificates (if such Realized Loss is on a Mortgage Loan or Mortgage Loan Component in Loan Group II-2) or first, to the Class II-PO3 Certificates in an amount equal to the Class PO Percentage of each such Realized Loss and second, to the Class II-A3 Certificates (if such Realized Loss is on a Mortgage Loan or Mortgage Loan Component in Loan Group II-3); and with respect to Collateral Pool III, upon the reduction of the Certificate Principal Balances of the related Subordinate Certificates to zero, all Realized Losses on the Mortgage Loans related to such Collateral Pool (other than Excess Losses) shall be allocated to the Class III-A1A Certificates and Class III-A1B Certificates as described below (if such Realized Loss is on a Group III-1 Mortgage Loan), to the Class III-A2A Certificates and Class I-A2B Certificates as described below (if such Realized Loss is on a Group III-2 Mortgage Loan), to the Class III-A3A Certificates and Class III-A3B Certificates as described below (if such Realized Loss is on a Group III-3 Mortgage Loan), to the Class III-A4A Certificates and Class III-A4B Certificates as described below (if such Realized Loss is on a Group III-4 Mortgage Loan) and to the Class III-A5 Certificates (if such Realized Loss is on a Group III-5 Mortgage Loan); Excess Losses on the Group I Mortgage Loans will be allocated on any Distribution Date by allocating (i) the related Senior Percentage of the Excess Loss to the Class I-A1 Certificates (if such Excess Loss is on a Group I-1 Mortgage Loan), to the Class I-A2 Certificates (if such Excess Loss is on a Group I-2 Mortgage Loan), to the Class I-A3 Certificates (if such Excess Loss is on a Group I-3 Mortgage Loan), to the Class I-A4 Certificates (if such Excess Loss is on a Group I-4 Mortgage Loan) and to the Class I-A5 Certificates (if such Excess Loss is on a Group I-5 Mortgage Loan) and (ii) the related Group I Subordinate Percentage of the Excess Loss to the Group I Subordinate Certificates on a pro rata basis based on their Certificate Principal Balances. Excess Losses on the Mortgage Loans (other than Class PO Mortgage Loans) and Mortgage Loan Components in Collateral Pool II will be allocated on any Distribution Date by allocating (i) the related Senior Percentage of the Excess Loss to the Class II-1-1A Certificates as described below (if such Excess Loss is on a Mortgage Loan or Mortgage Loan Component in Subgroup II-1-1), to the Class II-1-2A Certificates as described below (if such Excess Loss is on a Mortgage Loan or Mortgage Loan Component in Subgroup II-1-2) and to the Class II-A2 Certificates (if such Excess Loss is on a Mortgage Loan or Mortgage Loan Component in Loan Group II-2) and to the Class II-A3 Certificates (if such Excess Loss is on a Mortgage Loan or Mortgage Loan Component in Loan Group II-3) and (ii) the related Group II Subordinate Percentage of the Excess Loss to the Group II Subordinate Certificates on a pro rata basis based on their Certificate Principal Balances. Excess Losses on the Class PO Mortgage Loans in Collateral Pool II will be allocated to the related Class PO Certificates in an amount equal to the related Class PO Percentage of the Excess Losses and the remainder of the Excess Losses will be allocated by allocating (i) the related Group II Senior Percentage of the remainder of such Excess Loss to the Class II-1-1A Certificates as described below (if such Excess Loss is on a Mortgage Loan or Mortgage Loan Component in Subgroup II-1-1), to the Class II-1-2A Certificates as described below (if such Excess Loss is on a Mortgage Loan or Mortgage Loan Component in Subgroup II-1-2) and to the Class II-A2 Certificates (if such Excess Loss is on a Mortgage Loan in Loan Group II-2) and to the Class II-A3 Certificates (if such Excess Loss is on a Mortgage Loan in Loan Group II-3), as applicable and (ii) the Subgroup II-1-1 Subordinate Percentage of the Excess Loss to the Group II Subordinate Certificates on a pro rata basis (if such Excess Loss is on a Mortgage Loan or Mortgage Loan Component in Subgroup II-1-1), to the Class II-1-2A Certificates as described below (if such Excess Loss is on a Mortgage Loan or Mortgage Loan Component in Subgroup II-1-2) and to the Class II-A2 Certificates (if such Excess Loss is on a Mortgage Loan in Loan Group II-2) and to the Class II-A3 Certificates (if such Excess Loss is on a Mortgage Loan in Loan Group II-3) on a pro rata basis based on their Certificate Principal Balances (if such Excess Loss is on a Mortgage Loan in Loan Group II-2). Excess Losses on the Group III Mortgage Loans will be allocated on any Distribution Date by allocating (i) the related Senior Percentage of the Excess Loss to the Class III-A1A Certificates and the Class III-A2B Certificates as described below (if the Excess Loss is on a Group III-1 Mortgage Loan), to the Class III-A2A Certificates and the Class III-A2B Certificates as described below (if the Excess Loss is on a Group III-2 Mortgage Loan), to the Class III-A3A Certificates and the Class III-A3B Certificates as described below (if the Excess Loss is on a Group III-3 Mortgage Loan), to the Class III-A4A Certificates and the Class III-A4B Certificates as described below (if the Excess Loss is on Group III-4 Mortgage Loan) or to the Class III-A5 Certificates (if the Excess Loss is on a Group III-5 Mortgage Loan); and (ii) the related Group III Subordinate Percentage of the Excess Loss to the Group III Subordinate Certificates on a pro rata basis based on their Certificate Principal Balances. Extraordinary Trust Fund Expenses relating to Collateral Pool I will be allocated on any Distribution Date as follows: first, to the Class I-B6 Certificates; second, to the Class I- B5 Certificates; third, to the Class I-B4 Certificates; fourth, to the Class M-11 I-B3 Certificates; fifth, to the Class I-B2 Certificates; and sixth, to the Class I-B1 Certificates, in each case until the Certificate Principal Balance thereof of such Class has been reduced to zero. Thereafter, the Extraordinary Trust Fund Expenses relating to Collateral Pool I will be allocated on any Distribution Date among the Group I Class A Certificates on a pro rata basis based on their respective Certificate Principal Balances. Extraordinary Trust Fund Expenses relating to Collateral Pool II will be allocated on any Distribution Date as follows: first, to the Class II-B6 Certificates; second, to the Class II-B5 Certificates; third, to the Class II-B4 Certificates; fourth, to the Class II-B3 Certificates; fifth, to the Class M-10 II-B2 Certificates; and sixth, to the Class II-B1 Certificates, in each case until the Certificate Principal Balance thereof of such Class has been reduced to zero. Thereafter, the Extraordinary Trust Fund Expenses relating to Collateral Pool II will be allocated on any Distribution Date among the Group II Class A Certificates (other than the Class II-XS1 Certificates, the Class II-XS2 Certificates, the Class II-XS3 Certificates, the Class II-1-1A2 Certificates and the Class II-1-2A2 Certificates) and the Class PO Certificates on a pro rata basis based on their respective Certificate Principal Balances. Extraordinary Trust Fund Expenses relating to Collateral Pool III will be allocated on any Distribution Date as follows: first, to the Class III-B6 Certificates; second, to the Class III-B5 Certificates; third, to the Class III-B4 Certificates; fourth, to the Class III-B3 Certificates; fifth, to the Class III-B2 Certificates; and sixth, to the Class M-9 Certificates III-B1 Certificates, in each case until the Certificate Principal Balance thereof of such Class has been reduced to zero; seventh. Thereafter, the Extraordinary Trust Fund Expenses relating to Collateral Pool III will be allocated on any Distribution Date among the Group III Class A Certificates on a pro rata basis based on their respective Certificate Principal Balances. Notwithstanding the method of allocation of Realized Losses and Extraordinary Fund Expenses above, if any overcollateralization exists when Realized Losses or Extraordinary Trust Fund Expenses are to be allocated, such Realized Losses or Extraordinary Trust Fund Expenses will be allocated first to the overcollateralization, until the overcollateralization is reduced to zero, prior to allocating such Realized Losses or Extraordinary Trust Fund Expenses to the Certificates in accordance with the priorities set forth above. Any allocation of a Realized Loss or Extraordinary Trust Fund Expense to the Class M-8 II-1-1A Certificates will be allocated among the classes of Class II-1-1A Certificates (other than the Class II-1-1A2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero) on a pro rata basis; eighth, provided that any Realized Losses so allocated to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, II-1-1A5 Certificates and Class II-1-1A6 Certificates will be allocated first to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-2 Certificates, II-1-1A6 Certificates until the Certificate Principal Balance thereof has been reduced to zero and fourteenth, then to the Class M-1 II-1-1A5 Certificates, . Any allocation of a Realized Loss or Extraordinary Trust Fund Expense to the Class II-1-2A Certificates will be allocated among the classes of Class II-1-2A Certificates (other than the Class II-1-2A2 Certificates and the Class II-1-2A5 Certificates) on a pro rata basis; provided that any Realized Losses so allocated to the Class II-1-2A6 Certificates and Class II-1-2A7 Certificates will be allocated first to the Class II-1-2A7 Certificates until the Certificate Principal Balance thereof has been reduced to zerozero and then to the Class II-1-2A6 Certificates. All Any allocation of a Realized Losses Loss or Extraordinary Trust Fund Expense to the Class III-A1A Certificates and Class III-A1B Certificates shall be allocated first to the Class III-A1B Certificates until the Certificate Principal Balances Balance thereof has been reduced to zero and then to the Class III-A1A Certificates. Any allocation of all Classes on any Distribution Date a Realized Loss or Extraordinary Trust Fund Expense to the Class III-A2A Certificates and Class III-A2B Certificates shall be allocated first to the Class III-A2B Certificates until the Certificate Principal Balance thereof has been reduced to zero and then to the Class III-A2A Certificates. Any allocation of a Realized Loss or Extraordinary Trust Fund Expense to the Class III-A3A Certificates and Class III-A3B Certificates shall be allocated first to the Class III-A3B Certificates until the Certificate Principal Balance thereof has been reduced to zero and then to the Class III-A3A Certificates. Any allocation of a Realized Loss or Extraordinary Trust Fund Expense to the Class III-A4A Certificates and Class III-A4B Certificates shall be allocated first to the Class III-A4B Certificates until the Certificate Principal Balance thereof has been reduced to zero and then to the Class III-A4A Certificates. As used herein, an allocation of a Realized Loss or Extraordinary Trust Fund Expense on a “pro rata basis” among two or more specified Classes of Certificates means an allocation on a pro rata basis, among the various Classes so allocated after specified, to each such Class of Certificates on the actual basis of their then outstanding Certificate Principal Balances prior to giving effect to distributions to be made on such date as provided aboveDistribution Date. All references above Realized Losses and all other losses allocated to the Certificate Principal Balance of any a Class of Certificates shall hereunder will be to allocated among the Certificate Principal Balance Certificates of such Class immediately prior in proportion to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution DatePercentage Interests evidenced thereby. Any allocation of a Realized Losses Loss of Extraordinary Trust Fund Expense to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances as of the Class A Certificates or Distribution Date following the Class P CertificatesPrepayment Period in which such Realized Loss was incurred.
(c) All Notwithstanding anything to the contrary herein, in no event shall the Certificate Principal Balance of a Class A Certificate be reduced more than once in respect of any particular amount both (i) allocable to such Certificate in respect of Realized Losses on the Mortgage Loans shall be allocated by the or Extraordinary Trust Administrator on each Distribution Date Fund Expenses pursuant to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest Section 4.04 and (ii) payable to the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up Holder of such Certificate pursuant to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances Section 4.01(a) as a portion of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I Senior Principal Loss Allocation Distribution Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM11 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM10 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc., Series 2005-5)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Servicer shall be either included in the related Remittance Report or evidenced by an Officers' Certificate delivered to the Trust Administrator and the Trustee by the Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date as follows: first, to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments received under the cap contract, third, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-11 M-13 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifth, to the Class M-10 M-12 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class M-9 M-11 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighthtenth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; nintheleventh, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenthtwelfth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; elevenththirteenth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfthfourteenth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenthfifteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteenthsixteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A Certificates or the Class P Certificates.
(c) All The REMIC I Marker Allocation Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98[__]% and 2[__]%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, 98[__]% and 2[__]%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM13 and REMIC I Regular Interest I-LTZZ, [__]%,[__]% and [__]%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM13 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM12 and REMIC I Regular Interest I-LTZZ, [__]%,[__]% and [__]%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM12 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM11 and REMIC I Regular Interest I-LTZZ, 98[__]%, 1,[__]% and 1[__]%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM11 has been reduced to zero; fourthsixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM10 and REMIC I Regular Interest I-LTZZ, 98[__]%, 1,[__]% and 1[__]%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM10 has been reduced to zero; fifthseventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest 165 I-LTM4 and REMIC I Regular Interest I-LTZZ, 98[__]%, 1,[__]% and 1[__]%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; elevenththirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98[__]%, 1,[__]% and 1[__]%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelfthfourteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98[__]%, 1,[__]% and 1[__]%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenthfifteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98[__]%, 1,[__]% and 1[__]%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero. The REMIC I Sub WAC Allocation Percentage of all Realized Losses shall be applied after all distributions have been made on each Distribution Date first, so as to keep the Uncertificated Balance of each REMIC I Regular Interest ending with the designation "GRP" equal to [__]% of the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group; second, to each REMIC I Regular Interest ending with the designation "SUB," so that the Uncertificated Balance of each such REMIC I Regular Interest is equal to [__]% of the excess of (x) the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group over (y) the current Certificate Principal Balance of the Class A Certificate in the related Loan Group (except that if any such excess is a larger number than in the preceding distribution period, the least amount of Realized Losses shall be applied to such REMIC I Regular Interests such that the REMIC I Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses shall be allocated to REMIC I Regular Interest I-LTXX.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Master Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Fraud Losses or Special Hazard Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Master Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report or evidenced by an Officers' ’ Certificate delivered to the Trust Administrator Administrator, the Paying Agent and the Trustee by the Master Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans related to each Collateral Pool (other than Excess Losses) shall be allocated by the Trust Administrator Paying Agent on each Distribution Date as follows: first, in reverse sequential order to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments received under the cap contract, third, to the Class CE Subordinate Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-11 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifth, to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class M-9 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteenth, to the Class M-1 Certificates, in each case until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses Thereafter, (i) with respect to be allocated to Collateral Pool I, upon the reduction of the Certificate Principal Balances of the related Subordinate Certificates to zero, all Classes Realized Losses on the Mortgage Loans related to such Collateral Pool (other than Excess Losses) shall be allocated to the Class I-A1 Certificates (if such Realized Loss is on a Group I-1 Mortgage Loan), to the Class I-A2A Certificates and the Class I-A2B Certificates as set forth below (if such Realized Loss is on a Group I-2 Mortgage Loan), to the Class I-A3 Certificates, the Class I-A3A Certificates and the Class I-A3B Certificates (if such Realized Loss is on a Group I-3 Mortgage Loan), to the Class I-A4 Certificates (if such Realized Loss is on a Group I-4 Mortgage Loan) and to the Class I-A5A Certificates and the Class I-A5B Certificates (if such Realized Loss is on a Group I-5 Mortgage Loan); and (ii) with respect to Collateral Pool II, upon the reduction of the Certificate Principal Balances of the related Subordinate Certificates to zero, (A) all Realized Losses on the Mortgage Loans (other than Class PO Mortgage Loans) and Mortgage Loan Components related to such Collateral Pool (other than Excess Losses) shall be allocated to the Class II-A1-1 Certificates (if such Realized Loss is on a Mortgage Loan or Mortgage Loan Component in Subgroup II-1-1), to the Class II-A1-2 Certificates (if such Realized Loss is on a Mortgage Loan or Mortgage Loan Component in Subgroup II-1-2) and to the Class II-A2 Certificates (if such Realized Loss is on a Mortgage Loan in Loan Group II-2) and (B) all Realized Losses on the Class PO Mortgage Loans related to such Collateral Pool (other than Excess Losses) shall be allocated first, to the Class II-PO1 Certificates in an amount equal to the Class PO Percentage of each such Realized Loss and second, to the Class II-A1-1 Certificates (if such Realized Loss is on a Mortgage Loan or Mortgage Loan Component in Subgroup II-1-1) or first, to the Class II-PO2 Certificates in an amount equal to the Class PO Percentage of each such Realized Loss and second, to the Class II-A2 Certificates (if such Realized Loss is on a Mortgage Loan in Loan Group II-2). Excess Losses on the Group I Mortgage Loans will be allocated on any Distribution Date shall be so allocated after by allocating (i) the actual distributions to be made on such date as provided above. All references above related Senior Percentage of the Excess Loss to the Certificate Principal Balance Class I-A1 Certificates (if such Excess Loss is on a Group I-1 Mortgage Loan), to the Class I-A2A Certificates and the Class I-A2B Certificates as set forth below (if such Excess Loss is on a Group I-2 Mortgage Loan), to the Class I-A3 Certificates, the Class I-A3A Certificates and the Class I-A3B Certificates (if such Excess Loss is on a Group I-3 Mortgage Loan), to the Class I-A4 Certificates (if such Excess Loss is on a Group I-4 Mortgage Loan) and to the Class I-A5A Certificates and the Class I-A5B Certificates (if such Excess Loss is on a Group I-5 Mortgage Loan) and (ii) the Group I-1 Subordinate Percentage, Group I-2 Subordinate Percentage, Group I-3 Subordinate Percentage, Group I-4 Subordinate Percentage or Group I-5 Subordinate Percentage, as applicable, of the Excess Loss to the Group I Subordinate Certificates on a pro rata basis. Excess Losses on the Mortgage Loans (other than Class PO Mortgage Loans) and Mortgage Loan Components in Collateral Pool II will be allocated on any Distribution Date by allocating (i) the related Senior Percentage of the Excess Loss to the Class II-A1-1 Certificates (if such Excess Loss is on a Mortgage Loan or Mortgage Loan Component in Subgroup II-1-1), to the Class II-A1-2 Certificates (if such Excess Loss is on a Mortgage Loan or Mortgage Loan Component in Subgroup II-1-2) and to the Class II-A2 Certificates (if such Excess Loss is on a Mortgage Loan in Loan Group II-2) and (ii) the Subgroup II-1-1 Subordinate Percentage, Subgroup II-1-2 Subordinate Percentage or Group II-2 Subordinate Percentage, as applicable, of the Excess Loss to the Group II Subordinate Certificates shall on a pro rata basis. Excess Losses on the Class PO Mortgage Loans in Collateral Pool II will be allocated on any Distribution Date by first, allocating the Class PO Percentage of each such Excess Loss to the Class II-PO1 Certificates, and second, allocating (i) the Subgroup II-1-1 Senior Percentage of the remainder of such Excess Loss to the Class II-A1-1 Certificates and (ii) the Subgroup II-1-1 Subordinate Percentage of the Excess Loss to the Group II Subordinate Certificates on a pro rata basis (if such Excess Loss is on a Mortgage Loan or Mortgage Loan Component in Subgroup II-1-1) or first, allocating the Class PO Percentage of each such Excess Loss to the Class II-PO2 Certificates, and second, allocating (i) the Group II-2 Senior Percentage of the remainder of such Excess Loss to the Class II-A2 Certificates and (ii) the Group II-2 Subordinate Percentage of the Excess Loss to the Group II Subordinate Certificates on a pro rata basis (if such Excess Loss is on a Mortgage Loan in Loan Group II-2). Extraordinary Trust Fund Expenses relating to Collateral Pool I will be allocated on any Distribution Date as follows: first, to the Class I-B6 Certificates; second, to the Class I-B5 Certificates; third, to the Class I-B4 Certificates; fourth, to the Class I-B3 Certificates; fifth, to the Class I-B2 Certificates; and sixth, to the Class I-B1 Certificates, in each case until the Certificate Principal Balance of such Class immediately prior has been reduced to zero. Thereafter, the Extraordinary Trust Fund Expenses relating to Collateral Pool I will be allocated on any Distribution Date among the Group I Class A Certificates on a pro rata basis. Extraordinary Trust Fund Expenses relating to Collateral Pool II will be allocated on any Distribution Date as follows: first, to the relevant Distribution DateClass II-B6 Certificates; second, before reduction thereof by any Realized Lossesto the Class II-B5 Certificates; third, to the Class II-B4 Certificates; fourth, to the Class II-B3 Certificates; fifth, to the Class II-B2 Certificates; and sixth, to the Class II-B1 Certificates, in each case until the Certificate Principal Balance of such Class has been reduced to zero. Thereafter, the Extraordinary Trust Fund Expenses relating to Collateral Pool II will be allocated on any Distribution Date among the Group II Senior Certificates (other than the Class II-XS1 Certificates and the Class II-XS2 Certificates) on a pro rata basis. Notwithstanding the method of allocation of Realized Losses and Extraordinary Fund Expenses above, if any overcollateralization exists when Realized Losses or Extraordinary Trust Fund Expenses are to be allocated, such Realized Losses or Extraordinary Trust Fund Expenses will be allocated first to the overcollateralization, until the overcollateralization is reduced to zero, prior to allocating such Realized Losses or Extraordinary Trust Fund Expenses to the Certificates in accordance with the priorities set forth above. Any allocation of a Realized Loss or Extraordinary Trust Fund Expense to the Class I-A2A Certificates and the Class I-A2B Certificates shall be allocated first to the Class I-A2B Certificates and then to the Class I-A2A Certificates. As used herein, an allocation of a Realized Loss or Extraordinary Trust Fund Expense on a “pro rata basis” among two or more specified Classes of Certificates means an allocation on a pro rata basis, among the various Classes so specified, to each such Class of Certificates, Certificates on the basis of their then outstanding Certificate Principal Balances prior to giving effect to distributions to be made on such Distribution Date. All Realized Losses and all other losses allocated to a Class of Certificates hereunder will be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced thereby. Any allocation of a Realized Losses Loss of Extraordinary Trust Fund Expense to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances as of the Class A Certificates or Distribution Date following the Class P CertificatesPrepayment Period in which such Realized Loss was incurred.
(c) All Notwithstanding anything to the contrary herein, in no event shall the Certificate Principal Balance of a Class A Certificate be reduced more than once in respect of any particular amount both (i) allocable to such Certificate in respect of Realized Losses on the Mortgage Loans shall be allocated by the or Extraordinary Trust Administrator on each Distribution Date Fund Expenses pursuant to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest Section 4.04 and (ii) payable to the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up Holder of such Certificate pursuant to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances Section 4.01(a) as a portion of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I Senior Principal Loss Allocation Distribution Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM11 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM10 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
Appears in 1 contract
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Servicer shall be either included in the related Remittance Report (in form and format reasonably required and mutually agreed upon by the Servicer) or evidenced by an Officers' ’ Certificate delivered to the Trust Administrator and the Trustee by the Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date as follows: first, to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments Net Swap Payments received under the cap contract, Interest Rate Swap Agreement; third, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-11 M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifth, to the Class M-10 M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class M-9 M-8 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-8 M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-7 M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; and thirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A Certificates or the Class P Certificates.
(c) All Realized Losses on the Group I Mortgage Loans shall be allocated on each Distribution Date to REMIC I Regular Interest I-1-A through REMIC I Regular Interest I-58-B, starting with the lowest numerical denomination until such REMIC I Regular Interest has been reduced to zero, provided that, for REMIC I Regular Interests with the same numerical denomination, such Realized Losses shall be allocated pro rata between such REMIC I Regular Interests. All Realized Losses on the Group II Mortgage Loans shall be allocated on each Distribution Date to REMIC I Regular Interest II-1-A through REMIC I Regular Interest II-58-B, starting with the lowest numerical denomination until such REMIC I Regular Interest has been reduced to zero, provided that, for REMIC I Regular Interests with the same numerical denomination, such Realized Losses shall be allocated pro rata between such REMIC I Regular Interests. All Realized Losses on the Group III Mortgage Loans shall be allocated on each Distribution Date to REMIC I Regular Interest III-1-A through REMIC I Regular Interest III-58-B, starting with the lowest numerical denomination until such REMIC I Regular Interest has been reduced to zero, provided that, for REMIC I Regular Interests with the same numerical denomination, such Realized Losses shall be allocated pro rata between such REMIC I Regular Interests.
(d) The REMIC II Marker Allocation Percentage of all Realized Losses allocated to the REMIC I Regular Interests on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC I II Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I II Regular Interest I-LTAA and REMIC I II Regular Interest I-LTZZ up to an aggregate amount equal 105 to the REMIC I II Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I II Regular Interest I-LTAA and REMIC I II Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM11 LTM10 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM11 LTM10 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM10 LTM9 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM10 LTM9 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM9 LTM8 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM9 LTM8 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM8 LTM7 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM8 LTM7 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM7 LTM6 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM7 LTM6 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM6 LTM5 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM6 LTM5 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM5 LTM4 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM5 LTM4 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM4 LTM3 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM4 LTM3 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM3 LTM2 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM3 LTM2 has been reduced to zero; zero and twelfth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM2 LTM1 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM2 has been reduced to zero and thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
(e) The REMIC II Sub WAC Allocation Percentage of all Realized Losses allocated to the REMIC I Regular Interests shall be applied after all distributions have been made on each Distribution Date first, so as to keep the Uncertificated Balance of each REMIC II Regular Interest ending with the designation “GRP” equal to 0.01% of the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group; second, to each REMIC II Regular Interest ending with the designation “SUB,” so that the Uncertificated Balance of each such REMIC II Regular Interest is equal to 0.01% of the excess of (x) the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group over (y) the current Certificate Principal Balance of the Class A Certificate in the related Loan Group (except that if any such excess is a larger number than in the preceding distribution period, the least amount of Realized Losses shall be applied to such REMIC II Regular Interests such that the REMIC II Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses shall be allocated to REMIC II Regular Interest LTXX.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Ahl3)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Master Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Fraud Losses or Special Hazard Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Master Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report or evidenced by an Officers' ’ Certificate delivered to the Trust Administrator Administrator, the Paying Agent and the Trustee by the Master Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans related to each Collateral Pool (other than Excess Losses) shall be allocated by the Trust Administrator Paying Agent on each Distribution Date as follows: first, in reverse sequential order to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments received under the cap contract, third, to the Class CE Subordinate Certificates, in each case until the Certificate Principal Balance thereof has been reduced to zero. Thereafter, (i) with respect to Collateral Pool 1, upon the reduction of the Certificate Principal Balances of the related Subordinate Certificates to zero, all Realized Losses on the Mortgage Loans related to such Collateral Pool (other than Excess Losses) shall be allocated to the Class 1-A1 Certificates (if such Realized Loss is on a Group 1-1 Mortgage Loan), to the Class 1-A2 Certificates (if such Realized Loss is on a Group 1-2 Mortgage Loan), to the Class 1-A3 Certificates (if such Realized Loss is on a Group 1-3 Mortgage Loan), to the Class 1-A4 Certificates (if such Realized Loss is on a Group 1-4 Mortgage Loan); (ii) with respect to Collateral Pool 2, upon the reduction of the Certificate Principal Balances of the related Subordinate Certificates to zero, (A) all Realized Losses on the Mortgage Loans related to such Collateral Pool (other than Excess Losses) shall be allocated to the Class 2-A1A Certificates and the Class 2-A1B Certificates as described below (if the Excess Loss is on a Group 2-1 Mortgage Loan), to the Class 2-A2A Certificates and the Class 2-A2B Certificates as described below (if the Excess Loss is on a Group 2-2 Mortgage Loan), to the Class 2-A3A Certificates and the Class 2-A3B Certificates as described below (if the Excess Loss is on a Group 2-3 Mortgage Loan), or to the Class 2-A4 Certificates (if the Excess Loss is on a Group 2-4 Mortgage Loan), or to the Class 2-A5A Certificates and the Class 2-A5B Certificates as described below (if the Excess Loss is on a Group 2-5 Mortgage Loan). Excess Losses on the Group 1 Mortgage Loans will be allocated on any Distribution Date by allocating (i) the related Group 1 Senior Percentage of the Excess Loss to the Class 1-A1 Certificates (if such Excess Loss is on a Group 1-1 Mortgage Loan), to the Class 1-A2 Certificates (if such Excess Loss is on a Group 1-2 Mortgage Loan), to the Class 1-A3 Certificates Certificates (if such Excess Loss is on a Group 1-3 Mortgage Loan) and to the Class 1-A4 Certificates (if such Excess Loss is on a Group 1-4 Mortgage Loan) and (ii) the related Group 1 Subordinate Percentage of the Excess Loss to the Group 1 Subordinate Certificates on a pro rata basis based on their Certificate Principal Balances. Excess Losses on the Group 2 Mortgage Loans will be allocated on any Distribution Date by allocating (i) the related Group 2 Senior Percentage of the Excess Loss to the Class 2-A1A Certificates and the Class 2-A1B Certificates as described below (if the Excess Loss is on a Group 2-1 Mortgage Loan), to the Class 2-A2A Certificates and the Class 2-A2B Certificates as described below (if the Excess Loss is on a Group 2-2 Mortgage Loan), to the Class 2-A3A Certificates and the Class 2-A3B Certificates as described below (if the Excess Loss is on a Group 2-3 Mortgage Loan), to the Class 2-A4 Certificates (if the Excess Loss is on Group 2-4 Mortgage Loan) or to the Class 2-A5A Certificates and the Class 2-A5B Certificates as described below (if the Excess Loss is on a Group 2-5 Mortgage Loan); and (ii) the related Group 2 Subordinate Percentage of the Excess Loss to the Group 2 Subordinate Certificates on a pro rata basis based on their Certificate Principal Balances. Extraordinary Trust Fund Expenses relating to Collateral Pool 1 will be allocated on any Distribution Date as follows: first, to the Class 1-B6 Certificates; second, to the Class 1-B5 Certificates; third, to the Class 1-B4 Certificates; fourth, to the Class M-11 1-B3 Certificates; fifth, to the Class 1-B2 Certificates; and sixth, to the Class 1-B1 Certificates, in each case until the Certificate Principal Balance thereof of such Class has been reduced to zero. Thereafter, the Extraordinary Trust Fund Expenses relating to Collateral Pool 1 will be allocated on any Distribution Date among the Group 1 Class A Certificates on a pro rata basis based on their respective Certificate Principal Balances. Extraordinary Trust Fund Expenses relating to Collateral Pool 2 will be allocated on any Distribution Date as follows: first, to the Class 2-B6 Certificates; second, to the Class 2-B5 Certificates; third, to the Class 2-B4 Certificates; fourth, to the Class 2-B3 Certificates; fifth, to the Class M-10 2-B2 Certificates; and sixth, to the Class 2-B1 Certificates, in each case until the Certificate Principal Balance thereof of such Class has been reduced to zero. Thereafter, sixththe Extraordinary Trust Fund Expenses relating to Collateral Pool 2 will be allocated on any Distribution Date among the Group 2 Class A Certificates on a pro rata basis based on their respective Certificate Principal Balances, subject to reallocation as described below. Notwithstanding the method of allocation of Realized Losses and Extraordinary Fund Expenses above, if any overcollateralization exists when Realized Losses or Extraordinary Trust Fund Expenses are to be allocated, such Realized Losses or Extraordinary Trust Fund Expenses will be allocated first to the overcollateralization, until the overcollateralization is reduced to zero, prior to allocating such Realized Losses or Extraordinary Trust Fund Expenses to the Certificates in accordance with the priorities set forth above. Any allocation of a Realized Loss or Extraordinary Trust Fund Expense to the Class M-9 2-A1A Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, and Class 2-A1B Certificates shall be allocated first to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-2 Certificates, 2-A1B Certificates until the Certificate Principal Balance thereof has been reduced to zero and fourteenth, then to the Class M-1 2-A1-A Certificates, . Any allocation of a Realized Loss or Extraordinary Trust Fund Expense to the Class 2-A2A Certificates and Class 2-A2B Certificates shall be allocated first to the Class 2-A2B Certificates until the Certificate Principal Balance thereof has been reduced to zerozero and then to the Class 2-A2A Certificates. All Any allocation of a Realized Losses Loss or Extraordinary Trust Fund Expense to the Class 2-A3A Certificates and Class 2-A3B Certificates shall be allocated first to the Class 2-A3B Certificates until the Certificate Principal Balances Balance thereof has been reduced to zero and then to the Class 2-A3A Certificates. Any allocation of all Classes on any Distribution Date a Realized Loss or Extraordinary Trust Fund Expense to the Class 2-A5A and the Class 2-A5B Certificates shall be allocated first to the Class 2-A5B Certificates until the Certificate Principal Balance thereof has been reduced to zero and then to the Class 2-A5A Certificates. As used herein, an allocation of a Realized Loss or Extraordinary Trust Fund Expense on a “pro rata basis” among two or more specified Classes of Certificates means an allocation on a pro rata basis, among the various Classes so allocated after specified, to each such Class of Certificates on the actual basis of their then outstanding Certificate Principal Balances prior to giving effect to distributions to be made on such date as provided aboveDistribution Date. All references above Realized Losses and all other losses allocated to the Certificate Principal Balance of any a Class of Certificates shall hereunder will be to allocated among the Certificate Principal Balance Certificates of such Class immediately prior in proportion to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution DatePercentage Interests evidenced thereby. Any allocation of a Realized Losses Loss of Extraordinary Trust Fund Expense to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances as of the Class A Certificates or Distribution Date following the Class P CertificatesPrepayment Period in which such Realized Loss was incurred.
(c) All Notwithstanding anything to the contrary herein, in no event shall the Certificate Principal Balance of a Class A Certificate be reduced more than once in respect of any particular amount both (i) allocable to such Certificate in respect of Realized Losses on the Mortgage Loans shall be allocated by the or Extraordinary Trust Administrator on each Distribution Date Fund Expenses pursuant to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest Section 4.04 and (ii) payable to the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up Holder of such Certificate pursuant to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances Section 4.01(a) as a portion of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I Senior Principal Loss Allocation Distribution Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM11 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM10 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc. 2005-7)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Master Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Master Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report or evidenced by an Officers' ’ Certificate delivered to the Trust Administrator Administrator, the Paying Agent and the Trustee by the Master Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Group I Mortgage Loans shall be allocated by the Trust Administrator Paying Agent on each Distribution Date as follows: first, to the Interest Distribution Amount for the Class CE CE-1 Certificates for the related Interest Accrual Period; second, to payments received under the cap contract, third, to the Class CE CE-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourththird, to the Class M-11 Certificateseach class of Group I Mezzanine Certificates in reverse numerical order, until the Certificate Principal Balance thereof of each such class has been reduced to zero. All Realized Losses on the Group II Mortgage Loans shall be allocated by the Paying Agent on each Distribution Date as follows: first, fifthto the Interest Distribution Amount for the Class CE-2 Certificates for the related Interest Accrual Period; second, to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class M-9 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-8 CE-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighththird, to the Class M-7 Certificateseach class of Group II Mezzanine Certificates in reverse numerical order, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof of each such class has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A Certificates or the Class P Certificates.
(c) . All Realized Losses and all other losses allocated to a Class of Certificates hereunder will be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced thereby. All Realized Losses on the Group I Mortgage Loans shall be allocated by the Trust Administrator Paying Agent on each Distribution Date to the following REMIC I I-A Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I I-A Regular Interest I-LTAA and REMIC I I-A Regular Interest I-LTZZ up to an aggregate amount equal 105 to the REMIC I I-A Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I I-A Regular Interest I-LTAA and REMIC I I-A Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I I-A Principal Loss Allocation Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I I-A Regular Interest I-LTAA, REMIC I I-A Regular Interest I-LTM11 LTMF5 and REMIC I I-A Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I I-A Regular Interest I-LTM11 LTMF5 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I I-A Regular Interest I-LTAA, REMIC I I-A Regular Interest I-LTM10 LTMF4 and REMIC I I-A Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I I-A Regular Interest I-LTM10 LTMF4 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I I-A Regular Interest I-LTAA, REMIC I I-A Regular Interest I-LTM9 LTMF3 and REMIC I I-A Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I I-A Regular Interest I-LTM9 LTMF3 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I I-A Regular Interest I-LTAA, REMIC I I-A Regular Interest I-LTM8 LTMF2 and REMIC I I-A Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I I-A Regular Interest I-LTM8 LTMF2 has been reduced to zero; and seventh, to the Uncertificated Balances of REMIC I I-A Regular Interest I-LTAA, REMIC I I-A Regular Interest I-LTM7 LTMF1 and REMIC I I-A Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I I-A Regular Interest I-LTM7 LTMF1 has been reduced to zero. All Realized Losses on the Group II Mortgage Loans shall be allocated by the Paying Agent on each Distribution Date to the following REMIC II-A Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC II-A Regular Interest II-LTAA and REMIC II-A Regular Interest II-LTZZ up to an aggregate amount equal to the REMIC II-A Interest Loss Allocation Amount, 98% and 2%, respectively; eighthsecond, to the Uncertificated Balances of the REMIC II-A Regular Interest I-LTAA and REMIC II-A Regular Interest II-LTZZ up to an aggregate amount equal to the REMIC II-A Principal Loss Allocation Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I II-A Regular Interest III-LTAA, REMIC I II-A Regular Interest III-LTM6 LTMV7 and REMIC I II-A Regular Interest III-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II-A Regular Interest III-LTM6 LTMV7 has been reduced to zero; ninthfourth, to the Uncertificated Balances of REMIC I II-A Regular Interest III-LTAA, REMIC I II-A Regular Interest III-LTM5 LTMV6 and REMIC I II-A Regular Interest III-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II-A Regular Interest III-LTM5 LTMV6 has been reduced to zero; tenthfifth, to the Uncertificated Balances of REMIC I II-A Regular Interest III-LTAA, REMIC I II-A Regular Interest III-LTM4 LTMV5 and REMIC I II-A Regular Interest III-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II-A Regular Interest III-LTM4 LTMV5 has been reduced to zero; eleventhsixth, to the Uncertificated Balances of REMIC I II-A Regular Interest III-LTAA, REMIC I II-A Regular Interest III-LTM3 LTMV4 and REMIC I II-A Regular Interest III-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II-A Regular Interest III-LTM3 LTMV4 has been reduced to zero; twelfthseventh, to the Uncertificated Balances of REMIC I II-A Regular Interest III-LTAA, REMIC I II-A Regular Interest III-LTM2 LTMV3 and REMIC I II-A Regular Interest III-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II-A Regular Interest III-LTM2 LTMV3 has been reduced to zero and thirteenthzero; eighth, to the Uncertificated Balances of REMIC I II-A Regular Interest III-LTAA, REMIC I II-A Regular Interest III-LTM1 LTMV2 and REMIC I II-A Regular Interest III-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II-A Regular Interest III-LTM1 LTMV2 has been reduced to zero; and ninth, to the Uncertificated Balances of REMIC II-A Regular Interest II-LTAA, REMIC II-A Regular Interest II-LTMV1 and REMIC II-A Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II-A Regular Interest II-LTMV1 has been reduced to zero.
Appears in 1 contract
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Master Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Fraud Losses or Special Hazard Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Master Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report or evidenced by an Officers' ’ Certificate delivered to the Trust Administrator Administrator, the Paying Agent and the Trustee by the Master Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans related to each Collateral Pool (other than Excess Losses) shall be allocated by the Trust Administrator Paying Agent on each Distribution Date as follows: first, in reverse sequential order to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments received under the cap contract, third, to the Class CE Subordinate Certificates, in each case until the Certificate Principal Balance thereof has been reduced to zero. Thereafter, (i) with respect to Collateral Pool I, upon the reduction of the Certificate Principal Balances of the related Subordinate Certificates to zero, all Realized Losses on the Mortgage Loans related to such Collateral Pool (other than Excess Losses) shall be allocated to the Class I-A1 Certificates (if such Realized Loss is on a Group I-1 Mortgage Loan), to the Class I-A2 Certificates (if such Realized Loss is on a Group I-2 Mortgage Loan), to the Class I-A3 Certificates (if such Realized Loss is on a Group I-3 Mortgage Loan), to the Class I-A4 Certificates (if such Realized Loss is on a Group I-4 Mortgage Loan) and to the Class I-A5 Certificates (if such Realized Loss is on a Group I-5 Mortgage Loan); (ii) with respect to Collateral Pool II, upon the reduction of the Certificate Principal Balances of the related Subordinate Certificates to zero, (A) all Realized Losses on the Mortgage Loans (other than Class PO Mortgage Loans) and Mortgage Loan Components related to such Collateral Pool (other than Excess Losses) shall be allocated to the the Class II-1-1A Certificates as described below (if the Excess Loss is on a Subgroup II-1-1 Mortgage Loan), to the Class II-1-2A Certificates as described below (if the Excess Loss is on a Subgroup II-1-2 Mortgage Loan or mortgage loan component), to the Class II-A2 Certificates (if the Excess Loss is on a Group II-2 Mortgage Loan or mortgage loan component) or to the Class II-A3 Certificates (if the Excess Loss is on a Group II-3 Mortgage Loan or mortgage loan component), and (B) all Realized Losses on the Class PO Mortgage Loans related to such Collateral Pool (other than Excess Losses) shall be allocated first, to the Class II-PO1 Certificates in an amount equal to the Class PO Percentage of each such Realized Loss and second, to the Class II-1-1 Certificates (if such Realized Loss is on a Mortgage Loan or Mortgage Loan Component in Subgroup II-1-1) or first, to the Class II-PO2 Certificates in an amount equal to the Class PO Percentage of each such Realized Loss and second, to the Class II-A2 Certificates (if such Realized Loss is on a Mortgage Loan in Loan Group II-2) or first, to the Class II-PO3 Certificates in an amount equal to the Class PO Percentage of each such Realized Loss and second, to the Class II-A3 Certificates (if such Realized Loss is on a Mortgage Loan in Loan Group II-3); and with respect to Collateral Pool III, upon the reduction of the Certificate Principal Balances of the related Subordinate Certificates to zero, all Realized Losses on the Mortgage Loans related to such Collateral Pool (other than Excess Losses) shall be allocated to the Class III-A1A Certificates and Class III-A1B Certificates as described below(if such Realized Loss is on a Group III-1 Mortgage Loan), to the Class III-A2 Certificates and Class I-A2B Certificates as described below (if such Realized Loss is on a Group III-2 Mortgage Loan), to the Class III-A3 Certificates and Class III-A3B Certificates as described below (if such Realized Loss is on a Group III-3 Mortgage Loan), to the Class III-A4 Certificates and Class III-A4B Certificates as described below (if such Realized Loss is on a Group III-4 Mortgage Loan) and to the Class III-A5 Certificates as described below (if such Realized Loss is on a Group III-5 Mortgage Loan); Excess Losses on the Group I Mortgage Loans will be allocated on any Distribution Date by allocating (i) the related Senior Percentage of the Excess Loss to the Class I-A1 Certificates (if such Excess Loss is on a Group I-1 Mortgage Loan), to the Class I-A2 Certificates (if such Excess Loss is on a Group I-2 Mortgage Loan), to the Class I-A3 Certificates Certificates (if such Excess Loss is on a Group I-3 Mortgage Loan), to the Class I-A4 Certificates (if such Excess Loss is on a Group I-4 Mortgage Loan) and to the Class I-A5 Certificates (if such Excess Loss is on a Group I-5 Mortgage Loan) and (ii) the related Group III Subordinate Percentage of the Excess Loss to the Group I Subordinate Certificates on a pro rata basis based on their Certificate Principal Balances. Excess Losses on the Mortgage Loans (other than Class PO Mortgage Loans) and Mortgage Loan Components in Collateral Pool II will be allocated on any Distribution Date by allocating (i) the related Senior Percentage of the Excess Loss to the Class II-1-1A Certificates as described below (if such Excess Loss is on a Mortgage Loan or Mortgage Loan Component in Subgroup II-1-1), to the Class II-1-2A Certificates as described below (if such Excess Loss is on a Mortgage Loan or Mortgage Loan Component in Subgroup II-1-2) and to the Class II-A2 Certificates (if such Excess Loss is on a Mortgage Loan in Loan Group II-2) and to the Class II-A3 Certificates (if such Excess Loss is on a Mortgage Loan in Loan Group II-3) and (ii) the related Group II Subordinate Percentage of the Excess Loss to the Group II Subordinate Certificates on a pro rata basis based on their Certificate Principal Balances. Excess Losses on the Class PO Mortgage Loans in Collateral Pool II will be allocated to the related Class PO Certificates in an amount equal to the related Class PO Percentage of the Excess Losses and the remainder of the Excess Losses will be allocated by allocating (i) the related Group II Senior Percentage of the remainder of such Excess Loss to the Class II-1-1A Certificates as described below and (ii) the Subgroup II-1-1 Subordinate Percentage of the Excess Loss to the Group II Subordinate Certificates on a pro rata basis (if such Excess Loss is on a Mortgage Loan or Mortgage Loan Component in Subgroup II-1-1), to the Class II-1-2A Certificates as described below (if such Excess Loss is on a Mortgage Loan or Mortgage Loan Component in Subgroup II-1-2) and to the Class II-A2 Certificates (if such Excess Loss is on a Mortgage Loan in Loan Group II-2) and to the Class II-A3 Certificates (if such Excess Loss is on a Mortgage Loan in Loan Group II-3) or first, allocating the Class PO Percentage of each such Excess Loss to the Class II-PO2 Certificates, and second, allocating (i) the related Group II Senior Percentage of the remainder of such Excess Loss to the Class II-A2 Certificates or first, allocating the Class PO Percentage of each such Excess Loss to the Class II-PO3 Certificates, and second, allocating (i) the related Group II Senior Percentage of the remainder of such Excess Loss to the Class II-A3 Certificates and (ii) the related Group II Subordinate Percentage of the Excess Loss to the Group II Subordinate Certificates on a pro rata basis based on their Certificate Principal Balances (if such Excess Loss is on a Mortgage Loan in Loan Group II-2). Excess Losses on the Group III Mortgage Loans will be allocated on any Distribution Date by allocating (i) the related Senior Percentage of the Excess Loss to the Class III-A1A Certificates and the Class III-A2B Certificates as described below (if the Excess Loss is on a Group III-1 Mortgage Loan), to the Class III-A2A Certificates and the Class III-A2B Certificates as described below (if the Excess Loss is on a Group III-2 Mortgage Loan), to the Class III-A3A Certificates and the Class III-A3B Certificates as described below (if the Excess Loss is on a Group III-3 Mortgage Loan), to the Class III-A4A Certificates and the Class III-A4B Certificates as described below (if the Excess Loss is on Group III-4 Mortgage Loan) or to the Class III-A5 Certificates (if the Excess Loss is on a Group III-5 Mortgage Loan); and (ii) the related Group III Subordinate Percentage of the Excess Loss to the Group III Subordinate Certificates on a pro rata basis based on their Certificate Principal Balances. Extraordinary Trust Fund Expenses relating to Collateral Pool I will be allocated on any Distribution Date as follows: first, to the Class I-B6 Certificates; second, to the Class I-B5 Certificates; third, to the Class I-B4 Certificates; fourth, to the Class M-11 I-B3 Certificates; fifth, to the Class I-B2 Certificates; and sixth, to the Class I-B1 Certificates, in each case until the Certificate Principal Balance thereof of such Class has been reduced to zero. Thereafter, the Extraordinary Trust Fund Expenses relating to Collateral Pool I will be allocated on any Distribution Date among the Group I Class A Certificates on a pro rata basis based on their respective Certificate Principal Balances. Extraordinary Trust Fund Expenses relating to Collateral Pool II will be allocated on any Distribution Date as follows: first, to the Class II-B6 Certificates; second, to the Class II-B5 Certificates; third, to the Class II-B4 Certificates; fourth, to the Class II-B3 Certificates; fifth, to the Class M-10 II-B2 Certificates; and sixth, to the Class II-B1 Certificates, in each case until the Certificate Principal Balance thereof of such Class has been reduced to zero. Thereafter, the Extraordinary Trust Fund Expenses relating to Collateral Pool II will be allocated on any Distribution Date among the Group II Class A Certificates (other than the Class II-XS1 Certificates, the Class II-XS2 Certificates, the Class II-XS3 Certificates, the Class II-1-1A2 Certificates and the Class II-1-2A2 Certificates) and the Class PO Certificates on a pro rata basis based on their respective Certificate Principal Balances. Extraordinary Trust Fund Expenses relating to Collateral Pool III will be allocated on any Distribution Date as follows: first, to the Class III-B6 Certificates; second, to the Class III-B5 Certificates; third, to the Class III-B4 Certificates; fourth, to the Class III-B3 Certificates; fifth, to the Class III-B2 Certificates; and sixth, to the Class M-9 Certificates III-B1 Certificates, in each case until the Certificate Principal Balance thereof of such Class has been reduced to zero; seventh. Thereafter, the Extraordinary Trust Fund Expenses relating to Collateral Pool III will be allocated on any Distribution Date among the Group III Class A Certificates on a pro rata basis based on their respective Certificate Principal Balances. Notwithstanding the method of allocation of Realized Losses and Extraordinary Fund Expenses above, if any overcollateralization exists when Realized Losses or Extraordinary Trust Fund Expenses are to be allocated, such Realized Losses or Extraordinary Trust Fund Expenses will be allocated first to the overcollateralization, until the overcollateralization is reduced to zero, prior to allocating such Realized Losses or Extraordinary Trust Fund Expenses to the Certificates in accordance with the priorities set forth above. Any allocation of a Realized Loss or Extraordinary Trust Fund Expense to the Class M-8 II-1-1A Certificates will be allocated among the classes of Class II-1-1A Certificates (other than the Class II-1-1A2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero) on a pro rata basis; eighth, provided that any Realized Losses so allocated to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, II-1-1A5 Certificates and Class II-1-1A6 Certificates will be allocated first to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-2 Certificates, II-1-1A6 Certificates until the Certificate Principal Balance thereof has been reduced to zero and fourteenth, then to the Class M-1 II-1-1A5 Certificates, . Any allocation of a Realized Loss or Extraordinary Trust Fund Expense to the Class II-1-2A Certificates will be allocated among the classes of Class II-1-2A Certificates (other than the Class II-1-2A2 Certificates and the Class II-1-2A5 Certificates) on a pro rata basis; provided that any Realized Losses so allocated to the Class II-1-2A6 Certificates and Class II-1-2A7 Certificates will be allocated first to the Class II-1-2A7 Certificates until the Certificate Principal Balance thereof has been reduced to zerozero and then to the Class II-1-2A6 Certificates. All Any allocation of a Realized Losses Loss or Extraordinary Trust Fund Expense to the Class III-A1A Certificates and Class III-A1B Certificates shall be allocated first to the Class III-A1B Certificates until the Certificate Principal Balances Balance thereof has been reduced to zero and then to the Class III-A1A Certificates. Any allocation of all Classes on any Distribution Date a Realized Loss or Extraordinary Trust Fund Expense to the Class III-A2A Certificates and Class III-A2B Certificates shall be allocated first to the Class III-A2B Certificates until the Certificate Principal Balance thereof has been reduced to zero and then to the Class III-A2A Certificates. Any allocation of a Realized Loss or Extraordinary Trust Fund Expense to the Class III-A3A Certificates and Class III-A3B Certificates shall be allocated first to the Class III-A3B Certificates until the Certificate Principal Balance thereof has been reduced to zero and then to the Class III-A3A Certificates. Any allocation of a Realized Loss or Extraordinary Trust Fund Expense to the Class III-A4A Certificates and Class III-A4B Certificates shall be allocated first to the Class III-A4B Certificates until the Certificate Principal Balance thereof has been reduced to zero and then to the Class III-A4A Certificates. As used herein, an allocation of a Realized Loss or Extraordinary Trust Fund Expense on a “pro rata basis” among two or more specified Classes of Certificates means an allocation on a pro rata basis, among the various Classes so allocated after specified, to each such Class of Certificates on the actual basis of their then outstanding Certificate Principal Balances prior to giving effect to distributions to be made on such date as provided aboveDistribution Date. All references above Realized Losses and all other losses allocated to the Certificate Principal Balance of any a Class of Certificates shall hereunder will be to allocated among the Certificate Principal Balance Certificates of such Class immediately prior in proportion to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution DatePercentage Interests evidenced thereby. Any allocation of a Realized Losses Loss of Extraordinary Trust Fund Expense to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances as of the Class A Certificates or Distribution Date following the Class P CertificatesPrepayment Period in which such Realized Loss was incurred.
(c) All Notwithstanding anything to the contrary herein, in no event shall the Certificate Principal Balance of a Class A Certificate be reduced more than once in respect of any particular amount both (i) allocable to such Certificate in respect of Realized Losses on the Mortgage Loans shall be allocated by the or Extraordinary Trust Administrator on each Distribution Date Fund Expenses pursuant to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest Section 4.04 and (ii) payable to the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up Holder of such Certificate pursuant to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances Section 4.01(a) as a portion of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I Senior Principal Loss Allocation Distribution Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM11 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM10 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc., Series 2005-5)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Servicer shall be either included in the related Remittance Report or evidenced by an Officers' ’ Certificate delivered to the Trust Administrator and the Trustee by the Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date as follows: first, to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments received under the cap contractInterest Rate Cap Agreement and Net Swap Payments received under the Interest Rate Swap Agreement, thirdthird to amounts on deposit in the Reserve Fund, fourth, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourthfifth, to the Class M-11 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifthsixth, to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class M-9 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighthninth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, tenth to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tentheleventh, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventhtwelfth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfththirteenth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenthfourteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteenthfifteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A Certificates or the Class P Certificates.
(c) Realized Losses on the Mortgage Loans shall be allocated on each Distribution Date to REMIC I Regular Interest I-1-A through REMIC I Regular Interest I-49-B, starting with the lowest numerical denomination until such REMIC I Regular Interest has been reduced to zero, provided that, for REMIC I Regular Interests with the same numerical denomination, such Realized Losses shall be allocated pro rata between such REMIC I Regular Interests.
(d) All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC I II Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I II Regular Interest I-LTAA and REMIC I II Regular Interest I-LTZZ up to an aggregate amount equal 105 to the REMIC I II Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I II Regular Interest I-LTAA and REMIC I II Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM11 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM10 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM9 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM9 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM8 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM7 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM6 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM5 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM4 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM4 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM3 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM2 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM2 has been reduced to zero and thirteenth, to the Uncertificated Balances of REMIC I II Regular Interest I-LTAA, REMIC I II Regular Interest I-LTM1 and REMIC I II Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LTM1 has been reduced to zero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Wfhe3)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Master Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Fraud Losses or Special Hazard Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Master Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report or evidenced by an Officers' ’ Certificate delivered to the Trust Administrator Administrator, the Paying Agent and the Trustee by the Master Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans related to each Collateral Pool (other than Excess Losses) shall be allocated by the Trust Administrator Paying Agent on each Distribution Date as follows: first, in reverse sequential order to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments received under the cap contract, third, to the Class CE Subordinate Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-11 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifth, to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class M-9 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteenth, to the Class M-1 Certificates, in each case until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses Thereafter, (i) with respect to be allocated to Collateral Pool I, upon the reduction of the Certificate Principal Balances of the related Subordinate Certificates to zero, all Classes Realized Losses on the Mortgage Loans related to such Collateral Pool (other than Excess Losses) shall be allocated first to the Class I-A1 Certificates and then to the Class I-A2 Certificates, (ii) with respect to Collateral Pool II, upon the reduction of the Certificate Principal Balances of the related Subordinate Certificates to zero, (A) all Realized Losses on the Mortgage Loans (other than Class PO Mortgage Loans) and Mortgage Loan Components related to such Collateral Pool (other than Excess Losses) shall be allocated to the the Class II-1-1A Certificates as described below (if the Excess Loss is on a Subgroup II-1-1 Mortgage Loan or Mortgage Loan Component), to the Class II-1-2A Certificates as described below (if the Excess Loss is on a Subgroup II-1-2 Mortgage Loan or Mortgage Loan Component), to the Class II-A2 Certificates (if the Excess Loss is on a Group II-2 Mortgage Loan) and to the Class II-A3 Certificates (if the Excess Loss is on a Group II-3 Mortgage Loan), and (B) all Realized Losses on the Class PO Mortgage Loans related to such Collateral Pool (other than Excess Losses) shall be allocated first, to the Class II-PO1 Certificates in an amount equal to the Class PO Percentage of each such Realized Loss and second, to the Class II-1-1A Certificates as described below (if such Realized Loss is on a Mortgage Loan or Mortgage Loan Component in Subgroup II-1-1) or first, to the Class II-PO2 Certificates in an amount equal to the Class PO Percentage of each such Realized Loss and second, to the Class II-A2 Certificates (if such Realized Loss is on a Mortgage Loan or Mortgage Loan Component in Loan Group II-2) or first, to the Class II-PO3 Certificates in an amount equal to the Class PO Percentage of each such Realized Loss and second, to the Class II-A3 Certificates (if such Realized Loss is on a Mortgage Loan or Mortgage Loan Component in Loan Group II-3). Excess Losses on the Group I Mortgage Loans will be allocated on any Distribution Date shall be so allocated after by allocating (i) the actual distributions to be made on such date as provided above. All references above related Senior Percentage of the Excess Loss to the Class I-A1 Certificates and the Class I-A2 Certificates on a pro rata basis based on their respective Certificate Principal Balance Balances and (ii) the related Group I Subordinate Percentage of the Excess Loss to the Group I Subordinate Certificates on a pro rata basis based on their respective Certificate Principal Balances. Excess Losses on the Mortgage Loans (other than Class PO Mortgage Loans) and Mortgage Loan Components in Collateral Pool II will be allocated on any Distribution Date by allocating (i) the related Senior Percentage of the Excess Loss to the Class II-1-1A Certificates as described below (if such Excess Loss is on a Mortgage Loan or Mortgage Loan Component in Subgroup II-1-1), to the Class II-1-2A Certificates as described below (if such Excess Loss is on a Mortgage Loan or Mortgage Loan Component in Subgroup II-1-2) and to the Class II-A2 Certificates (if such Excess Loss is on a Mortgage Loan in Loan Group II-2) and to the Class II-A3 Certificates (if such Excess Loss is on a Mortgage Loan in Loan Group II-3), as applicable and (ii) the related Group II Subordinate Percentage of the Excess Loss to the Group II Subordinate Certificates shall on a pro rata basis based on their Certificate Principal Balances. Excess Losses on the Class PO Mortgage Loans in Collateral Pool II will be allocated on any Distribution Date to the related Class PO Certificates in an amount equal to the related Class PO Percentage of the Excess Losses and the remainder of the Excess Losses will be allocated by allocating (i) the related Group II Senior Percentage of the remainder of such Excess Loss to the Class II-1-1A Certificates as described below (if such Excess Loss is on a Mortgage Loan or Mortgage Loan Component in Subgroup II-1-1), and to the Class II-A2 Certificates (if such Excess Loss is on a Mortgage Loan in Loan Group II-2) and to the Class II-A3 Certificates (if such Excess Loss is on a Mortgage Loan in Loan Group II-3), as applicable and (ii) the Subgroup II-1-1 Subordinate Percentage of the Excess Loss to the Group II Subordinate Certificates (if such Excess Loss is on a Mortgage Loan or Mortgage Loan Component in Subgroup II-1-1), and to the Class II-A2 Certificates (if such Excess Loss is on a Mortgage Loan in Loan Group II-2) and to the Class II-A3 Certificates (if such Excess Loss is on a Mortgage Loan in Loan Group II-3) on a pro rata basis based on their Certificate Principal Balances. Any allocation of an Excess Loss will be allocated to the Class II-1-1A1 Certificates, Class II-1-1A2 Certificates and the Class II-1-1A3 Certificates pro rata, based on their respective Certificate Principal Balances. Any allocation of an Excess Loss will be allocated to the Class II-1-2A1 Certificates, Class II-1-2A2 Certificates and the Class II-1-2A3 Certificates pro rata, based on their respective Certificate Principal Balances. Extraordinary Trust Fund Expenses relating to Collateral Pool I will be allocated on any Distribution Date as follows: first, to the Class I-B6 Certificates; second, to the Class I-B5 Certificates; third, to the Class I-B4 Certificates; fourth, to the Class I-B3 Certificates; fifth, to the Class I-B2 Certificates; and sixth, to the Class I-B1 Certificates, in each case until the Certificate Principal Balance of such Class immediately prior has been reduced to zero. Thereafter, the Extraordinary Trust Fund Expenses relating to Collateral Pool I will be allocated on any Distribution Date among the Group I Class A Certificates on a pro rata basis based on their respective Certificate Principal Balances. Extraordinary Trust Fund Expenses relating to Collateral Pool II will be allocated on any Distribution Date as follows: first, to the relevant Distribution DateClass II-B6 Certificates; second, before reduction thereof by any Realized Lossesto the Class II-B5 Certificates; third, to the Class II-B4 Certificates; fourth, to the Class II-B3 Certificates; fifth, to the Class II-B2 Certificates; and sixth, to the Class II-B1 Certificates, in each case until the Certificate Principal Balance of such Class has been reduced to zero. Thereafter, the Extraordinary Trust Fund Expenses relating to Collateral Pool II will be allocated on any Distribution Date among the Group II Class A Certificates (other than the Class I-IOP Certificates, the Class II-XS1 Certificates, the Class II-XS2 Certificates and the Class II-XS3 Certificates) and the Class PO Certificates on a pro rata basis based on their respective Certificate Principal Balances. Notwithstanding the method of allocation of Realized Losses and Extraordinary Fund Expenses above, if any overcollateralization exists when Realized Losses or Extraordinary Trust Fund Expenses are to be allocated, such Realized Losses or Extraordinary Trust Fund Expenses will be allocated first to the overcollateralization, until the overcollateralization is reduced to zero, prior to allocating such Realized Losses or Extraordinary Trust Fund Expenses to the As used herein, an allocation of a Realized Loss or Extraordinary Trust Fund Expense on a “pro rata basis” among two or more specified Classes of Certificates means an allocation on a pro rata basis, among the various Classes so specified, to each such Class of Certificates, Certificates on the basis of their then outstanding Certificate Principal Balances prior to giving effect to distributions to be made on such Distribution Date. All Realized Losses and all other losses allocated to a Class of Certificates hereunder will be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced thereby. Any allocation of a Realized Losses Loss of Extraordinary Trust Fund Expense to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances as of the Class A Certificates or Distribution Date following the Class P CertificatesPrepayment Period in which such Realized Loss was incurred.
(c) All Notwithstanding anything to the contrary herein, in no event shall the Certificate Principal Balance of a Class A Certificate be reduced more than once in respect of any particular amount both (i) allocable to such Certificate in respect of Realized Losses on the Mortgage Loans shall be allocated by the or Extraordinary Trust Administrator on each Distribution Date Fund Expenses pursuant to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest Section 4.04 and (ii) payable to the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up Holder of such Certificate pursuant to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances Section 4.01(a) as a portion of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I Senior Principal Loss Allocation Distribution Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM11 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM10 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc., Series 2005-9)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Master Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Fraud Losses or Special Hazard Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Master Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report or evidenced by an Officers' Certificate delivered to the Trust Administrator and the Trustee by the Master Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) With respect to the REMIC I Regular Interests, all Realized Losses shall be applied after all distributions pursuant to Section 4.08 have been made on each Distribution Date first, so as to keep the Uncertificated Balance of each REMIC I Regular Interest ending with the designation "B" equal to 0.01% of the aggregate Scheduled Principal Balance of the Mortgage Loans in the related Loan Group; second, to each REMIC I Regular Interest ending with the designation "A," so that the Uncertificated Balance of each such REMIC I Regular Interest is equal to 0.01% of the excess of (x) the aggregate Scheduled Principal Balance of the Mortgage Loans in the related Loan Group over (y) the Certificate Principal Balance of the Senior Certificates in the related Loan Group (except that if any such excess is a larger number than in the preceding distribution period, the least amount of Realized Losses shall be applied to such REMIC I Regular Interests such that the REMIC I Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses shall be allocated to REMIC I Regular Interest LT-ZZ. All Realized Losses on the Mortgage Loans (other than Excess Losses) shall be allocated by the Trust Administrator on each Distribution Date as follows: first, to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual PeriodB-6 Certificates; second, to payments received under the cap contract, Class B-5 Certificates; third, to the Class CE B-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-11 B-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, ; fifth, to the Class M-10 B-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, ; and sixth, to the Class M-9 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-8 B-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteenth, to the Class M-1 Certificates, in each case until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to Thereafter, upon the Certificate Principal Balances reduction of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Subordinate Certificates to zero, all Realized Losses will be allocated on any Distribution Date first, to any amounts on deposit in the Excess Diverted Interest Reserve Account and second, to the Class A Certificates A-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan, to the Class A-2 Certificates, if the Realized Loss is on a Group II Mortgage Loan, to the Class A-3 Certificates, if the Realized Loss is on a Group III Mortgage Loan and to the Class A-4 Certificates, if the Realized Loss is on a Group IV Mortgage Loan. If a Realized Loss is allocated to the Excess Diverted Interest Reserve Account, the Trustee shall pay the Group I Excess Diverted Interest Reserve Deposit, the Group II Excess Diverted Interest Reserve Deposit, the Group III Excess Diverted Interest Reserve Deposit or the Class P Certificates.
(c) All Group IV Excess Diverted Interest Reserve Deposit, as applicable, to the Available Distribution Amount to which the Realized Losses on Loss relates. With respect to the Mortgage Loans in any Loan Group, Excess Losses will be allocated on any Distribution Date among all the related Classes of Regular Certificates on a PRO RATA basis. Extraordinary Trust Fund Expenses shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98% and 2%, respectivelyClass B-6 Certificates; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, 98% and 2%, respectivelyClass B-5 Certificates; third, to the Uncertificated Balances of REMIC I Regular Interest I-LTAAClass B-4 Certificates; fourth, REMIC I Regular Interest I-LTM11 to the Class B-3 Certificates; fifth, to the Class B-2 Certificates; and REMIC I Regular Interest I-LTZZsixth, 98%to the Class B-1 Certificates, 1% and 1%, respectively, in each case until the Uncertificated Certificate Principal Balance of REMIC I Regular Interest I-LTM11 thereof has been reduced to zero; fourth. Thereafter, upon the reduction of the Certificate Principal Balances of the Subordinate Certificates to zero, such Extraordinary Trust Fund Expenses shall be allocated among the Class A Certificates on a PRO RATA basis. As used herein, an allocation of a Realized Loss or Extraordinary Trust Fund Expense on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the Uncertificated basis of their then outstanding Certificate Principal Balances prior to giving effect to distributions to be made on such Distribution Date. All Realized Losses and all other losses allocated to a Class of REMIC I Regular Interest I-LTAACertificates hereunder will be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced thereby.
(c) Notwithstanding anything to the contrary herein, REMIC I Regular Interest I-LTM10 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until in no event shall the Uncertificated Certificate Principal Balance of REMIC I Regular Interest I-LTM10 has been a Class A Certificate be reduced more than once in respect of any particular amount both (i) allocable to zero; fifth, such Certificate in respect of Realized Losses or Extraordinary Trust Fund Expenses pursuant to Section 4.04 and (ii) payable to the Uncertificated Balances Holder of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until such Certificate pursuant to Section 4.01(a) as a portion of the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zeroSenior Principal Distribution Amount.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Salomon Brothers Mort Sec Vii Inc Sov Bk MRT Ln Tr Se 2002-1)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Servicer shall be either included in the related Remittance Report (in form and format reasonably required and mutually agreed upon by the Servicer) or evidenced by an Officers' ’ Certificate delivered to the Trust Administrator and the Trustee by the Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date as follows: first, to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments received under the cap contractCap Contract, third, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-11 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifth, to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class M-9 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero zero; and fourteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A Certificates or the Class P Certificates.
(c) All The REMIC I Marker Allocation Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM11 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM10 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
(d) The REMIC I Sub WAC Allocation Percentage of all Realized Losses shall be applied after all distributions have been made on each Distribution Date first, so as to keep the Uncertificated Balance of each REMIC I Regular Interest ending with the designation “GRP” equal to 0.01% of the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group; second, to each REMIC I Regular Interest ending with the designation “SUB,” so that the Uncertificated Balance of each such REMIC I Regular Interest is equal to 0.01% of the excess of (x) the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group over (y) the current Certificate Principal Balance of the Class A Certificate in the related Loan Group (except that if any such excess is a larger number than in the preceding distribution period, the least amount of Realized Losses shall be applied to such REMIC I Regular Interests such that the REMIC I Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses shall be allocated to REMIC I Regular Interest I-LTXX.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Amc1)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Master Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Master Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report or evidenced by an Officers' Certificate delivered to the Trust Administrator Administrator, the Paying Agent and the Trustee by the Master Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator Paying Agent on each Distribution Date as follows: first, to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments received under the cap contract, third, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fourth, to the Class M-11 M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifth, to the Class M-10 Certificates, M-7 Certificates until the Certificate Principal Balance thereof has been reduced to zero, ; sixth, to the Class M-9 Certificates M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-8 M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-7 M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteentheleventh, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A Certificates or the Class P Certificates.
(c) All The REMIC I Marker Allocation Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator Paying Agent on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM11 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM10 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixthfourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventhfifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighthsixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; ninthseventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tentheighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; eleventhninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelfthtenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteentheleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero. The REMIC I Sub WAC Allocation Percentage of all Realized Losses shall be applied after all distributions have been made on each Distribution Date first, so as to keep the Uncertificated Balance of each REMIC I Regular Interest ending with the designation "GRP" equal to 0.01% of the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group; second, to each REMIC I Regular Interest ending with the designation "SUB," so that the Uncertificated Balance of each such REMIC I Regular Interest is equal to 0.01% of the excess of (x) the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group over (y) the current Certificate Principal Balance of the Class A Certificate in the related Loan Group (except that if any such excess is a larger number than in the preceding distribution period, the least amount of Realized Losses shall be applied to such REMIC I Regular Interests such that the REMIC I Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses shall be allocated to REMIC I Regular Interest I-LTXX.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Asset Backed Pass-Through Certificates, Series 2005-He 1)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Servicer shall be either included in the related Remittance Report or evidenced by an Officers' Certificate delivered to the Trust Administrator and the Trustee by the Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date as follows: first, to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments received under the cap contract, third, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-11 M-13 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifth, to the Class M-10 M-12 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class M-9 M-11 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighthtenth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; nintheleventh, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenthtwelfth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; elevenththirteenth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfthfourteenth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenthfifteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteenthsixteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A Certificates or the Class P Certificates.
(c) All The REMIC I Marker Allocation Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98[__]% and 2[__]%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, 98[__]% and 2[__]%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM13 and REMIC I Regular Interest I-LTZZ, [__]%,[__]% and [__]%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM13 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM12 and REMIC I Regular Interest I-LTZZ, [__]%,[__]% and [__]%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM12 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM11 and REMIC I Regular Interest I-LTZZ, 98[__]%, 1,[__]% and 1[__]%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM11 has been reduced to zero; fourthsixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM10 and REMIC I Regular Interest I-LTZZ, 98[__]%, 1,[__]% and 1[__]%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM10 has been reduced to zero; fifthseventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98[__]%, 1,[__]% and 1[__]%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixtheighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98[__]%, 1,[__]% and 1[__]%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventhninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98[__]%, 1,[__]% and 1[__]%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighthtenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98[__]%, 1,[__]% and 1[__]%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; nintheleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98[__]%, 1,[__]% and 1[__]%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenthtwelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98[__]%, 1,[__]% and 1[__]%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; elevenththirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98[__]%, 1,[__]% and 1[__]%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelfthfourteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98[__]%, 1,[__]% and 1[__]%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenthfifteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98[__]%, 1,[__]% and 1[__]%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero. The REMIC I Sub WAC Allocation Percentage of all Realized Losses shall be applied after all distributions have been made on each Distribution Date first, so as to keep the Uncertificated Balance of each REMIC I Regular Interest ending with the designation "GRP" equal to [__]% of the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group; second, to each REMIC I Regular Interest ending with the designation "SUB," so that the Uncertificated Balance of each such REMIC I Regular Interest is equal to [__]% of the excess of (x) the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group over (y) the current Certificate Principal Balance of the Class A Certificate in the related Loan Group (except that if any such excess is a larger number than in the preceding distribution period, the least amount of Realized Losses shall be applied to such REMIC I Regular Interests such that the REMIC I Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses shall be allocated to REMIC I Regular Interest I-LTXX.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Servicer shall be either included in the related Remittance Report or evidenced by an Officers' ’ Certificate delivered to the Trust Administrator and the Trustee by the Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date as follows: first, to Net Monthly Excess Cashflow, second, to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments received under the cap contract, third, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-11 M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifth, to the Class M-10 M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class M-9 M-3 Certificates until the Certificate Principal Balance thereof has been reduced to zero; , seventh, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteentheighth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A Certificates or the Class P Certificates.
(c) All The REMIC I Marker Allocation Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM11 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM10 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenthfourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; eleventhfifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelfthsixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenthseventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero. The REMIC I Sub WAC Allocation Percentage of all Realized Losses shall be applied after all distributions have been made on each Distribution Date first, so as to keep the Uncertificated Balance of each REMIC I Regular Interest ending with the designation “GRP” equal to 0.01% of the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group; second, to each REMIC I Regular Interest ending with the designation “SUB,” so that the Uncertificated Balance of each such REMIC I Regular Interest is equal to 0.01% of the excess of (x) the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group over (y) the current Certificate Principal Balance of the Class A Certificate in the related Loan Group (except that if any such excess is a larger number than in the preceding distribution period, the least amount of Realized Losses shall be applied to such REMIC I Regular Interests such that the REMIC I Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses shall be allocated to REMIC I Regular Interest I-LTXX.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Wf2)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Master Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Fraud Losses or Special Hazard Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Master Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report or evidenced by an Officers' ’ Certificate delivered to the Trust Administrator Administrator, the Paying Agent and the Trustee by the Master Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans related to each Collateral Pool (other than Excess Losses) shall be allocated by the Trust Administrator Paying Agent on each Distribution Date as follows: first, in reverse sequential order to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments received under the cap contract, third, to the Class CE Subordinate Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-11 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifth, to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class M-9 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteenth, to the Class M-1 Certificates, in each case until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses Thereafter, (i) with respect to be allocated to Collateral Pool I, upon the Certificate Principal Balances reduction of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A related Subordinate Certificates or the Class P Certificates.
(c) All to zero, all Realized Losses on the Mortgage Loans related to such Collateral Pool (other than Excess Losses) shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC Group I Regular Interests in Class A Certificates as set forth below; (ii) with respect to Collateral Pool II, upon the specified percentages, as follows: first, to Uncertificated Interest payable to reduction of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Certificate Principal Balances of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up related Subordinate Certificates to an aggregate amount equal zero, all Realized Losses on the Mortgage Loans related to such Collateral Pool (other than Excess Losses) shall be allocated to the REMIC I Principal Class II-A1 Certificates (if such Realized Loss Allocation Amount, 98% and 2%, respectivelyis on a Group II-1 Mortgage Loan); third, to the Uncertificated Balances of REMIC I Regular Interest IClass II-LTAAA2 Certificates, REMIC I Regular Interest Ithe Class II-LTM11 A2A Certificates and REMIC I Regular Interest Ithe Class II-LTZZA2B Certificates on a pro rata basis, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM11 has been reduced subject to zeroSection 4.04(c) (if such Realized Loss is on a Group II-2 Mortgage Loan); fourth, to the Uncertificated Balances of REMIC I Regular Interest IClass II-LTAA, REMIC I Regular Interest I-LTM10 A3 Certificates (if such Realized Loss is on a Group II-3 Mortgage Loan); and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest IClass II-LTAAA4 Certificates, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.Class
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the related Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the related Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the related Servicer shall be either included in the related Remittance Report or evidenced by an Officers' ’ Certificate delivered to the Trust Administrator and the Trustee by the related Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date as follows: first, to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments received under the cap contract, third, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-13 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fourth, to the Class M-11 M-12 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifth, to the Class M-11 Certificates until the Certificate Principal Balance thereof has been reduced to zero; sixth, to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth; seventh, to the Class M-9 Certificates Certificates, until the Certificate Principal Balance thereof has been reduced to zero; seventheighth, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighthninth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninthtenth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tentheleventh, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventhtwelfth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfththirteenth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenthfourteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteenthfifteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A Certificates, the Class P Certificates or the Class P X Certificates.
(c) All The REMIC I Marker Allocation Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM13 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM13 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM12 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM12 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM11 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM11 has been reduced to zero; fourthsixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM10 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM10 has been reduced to zero; fifthseventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixtheighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventhninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighthtenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; nintheleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenthtwelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; elevenththirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelfthfourteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenthfifteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero. The REMIC I Sub WAC Allocation Percentage of all Realized Losses shall be applied after all distributions have been made on each Distribution Date first, so as to keep the Uncertificated Balance of each REMIC I Regular Interest ending with the designation “GRP” equal to 0.01% of the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group; second, to each REMIC I Regular Interest ending with the designation “SUB,” so that the Uncertificated Balance of each such REMIC I Regular Interest is equal to 0.01% of the excess of (x) the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group over (y) the current Certificate Principal Balance of the Class A Certificate in the related Loan Group (except that if any such excess is a larger number than in the preceding distribution period, the least amount of Realized Losses shall be applied to such REMIC I Regular Interests such that the REMIC I Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses shall be allocated to REMIC I Regular Interest I-LTXX.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc., Series 2005-He3)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the each Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the each Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the each Servicer shall be either included in the related Remittance Report (in form and format reasonably required and mutually agreed upon by Servicers) or evidenced by an Officers' ’ Certificate delivered to the Trust Administrator and the Trustee by the related Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date as follows: first, to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments received under the cap contractInterest Rate Cap Agreement, third, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-11 M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifth, to the Class M-10 M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class M-9 M-8 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-8 M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-7 M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; and thirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A Certificates or the Class P Certificates.
(c) All The REMIC I Marker Allocation Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM11 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM10 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM10 has been reduced to zero; fifthfourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixthfifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventhsixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighthseventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; nintheighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenthninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; eleventhtenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelftheleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenthtwelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
(d) The REMIC I Sub WAC Allocation Percentage of all Realized Losses shall be applied after all distributions have been made on each Distribution Date first, so as to keep the Uncertificated Balance of each REMIC I Regular Interest ending with the designation “GRP” equal to 0.01% of the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group; second, to each REMIC I Regular Interest ending with the designation “SUB,” so that the Uncertificated Balance of each such REMIC I Regular Interest is equal to 0.01% of the excess of (x) the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group over (y) the current Certificate Principal Balance of the Class A Certificate in the related Loan Group (except that if any such excess is a larger number than in the preceding distribution period, the least amount of Realized Losses shall be applied to such REMIC I Regular Interests such that the REMIC I Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses shall be allocated to REMIC I Regular Interest I-LTXX.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-He3)
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Master Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Master Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report or evidenced by an Officers' Certificate delivered to the Trust Administrator Administrator, the Paying Agent and the Trustee by the Master Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator Paying Agent on each Distribution Date as follows: first, to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual Period; second, to payments received under the cap contract, third, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fourth, to the Class M-11 M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifth, to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class M-9 M-2 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteenthsixth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A Certificates or the Class P Certificates.
(c) . All Realized Losses and all other losses allocated to a Class of Certificates hereunder will be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced thereby. All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator Paying Agent on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LTAA LTA1 and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM11 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM10 LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenthfourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; eleventhfifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 LTM2 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenthsixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
Appears in 1 contract
Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Master Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Fraud Losses or Special Hazard Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Distribution Date, the Master Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 104 Valuations made during the related Prepayment Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report or evidenced by an Officers' Certificate delivered to the Trust Administrator and the Trustee by the Master Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) With respect to the REMIC I Regular Interests: all Realized Losses on the Group I/IV Mortgage Loans shall be applied after all distributions pursuant to Section 4.08 have been made on each Distribution Date first, so as to keep the Uncertificated Balance of each REMIC I Regular Interest ending with the designation "B" equal to 0.01% of the aggregate Scheduled Principal Balance of the Mortgage Loans in the related Loan Group; second, to each REMIC I Regular Interest ending with the designation "A," so that the Uncertificated Balance of each such REMIC I Regular Interest is equal to 0.01% of the excess of (x) the aggregate Scheduled Principal Balance of the Mortgage Loans in the related Loan Group over (y) the Certificate Principal Balance of the Senior Certificates in the related Loan Group (except that if any such excess is a larger number than in the preceding distribution period, the least amount of Realized Losses shall be applied to such REMIC I Regular Interests such that the REMIC I Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses shall be allocated to REMIC I Regular Interest LT-1/4ZZ; With respect to REMIC II Regular Interests: all Realized Losses on the Group V Mortgage Loans shall be applied after all distributions pursuant to Section 4.08 have been made on each Distribution Date to REMIC II Regular Interest LT-5 (except that if a Realized Loss is recognized with respect to a Class PO Mortgage Loan, the Class PO Percentage of such Realized Loss will be allocated to REMIC II Regular Interest LT-PO). All Realized Losses on the Group I/IV Mortgage Loans (other than Excess Losses) shall be allocated by the Trust Administrator Trustee on each Distribution Date as follows: first, to the Interest Distribution Amount for the Class CE Certificates for the related Interest Accrual PeriodBV-6 Certificates; second, to payments received under the cap contract, Class BV-5 Certificates; third, to the Class CE BV-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-11 BV-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, ; fifth, to the Class M-10 BV-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, ; and sixth, to the Class M-9 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-8 BV-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and fourteenth, to the Class M-1 Certificates, in each case until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to 106 Thereafter, upon the reduction of the Certificate Principal Balances of the Group I/IV Subordinate Certificates to zero, all Classes Realized Losses will be allocated on any Distribution Date first, to any amounts on deposit in the related Excess Diverted Interest Reserve Account and second, to the Class AV-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan, to the Class AV-2 Certificates, if the Realized Loss is on a Group II Mortgage Loan, to the Class AV-3 Certificates, if the Realized Loss is on a Group III Mortgage Loan and to the Class AV-4 Certificates, if the Realized Loss is on a Group IV Mortgage Loan. If a Realized Loss is allocated to the Excess Diverted Interest Reserve Account, the Trustee shall pay the Group I Excess Diverted Interest Reserve Deposit, the Group II Excess Diverted Interest Reserve Deposit, the Group III Excess Diverted Interest Reserve Deposit or the Group IV Excess Diverted Interest Reserve Deposit, as applicable, to the Group I/IV Available Distribution Amount to which the Realized Loss relates. All Realized Losses on the Group V Mortgage Loans (other than Excess Losses) shall be allocated by the Trustee on each Distribution Date as follows: first, to the Class BF-6 Certificates; second, to the Class BF-5 Certificates; third, to the Class BF-4 Certificates; fourth, to the Class BF-3 Certificates; fifth, to the Class BF-2 Certificates; and sixth, to the Class BF-1 Certificates, in each case until the Certificate Principal Balance thereof has been reduced to zero. Thereafter, upon the reduction of the Certificate Principal Balances of the Group V Subordinate Certificates to zero, if Realized Losses are on a Class IO Mortgage Loan, such Realized Losses will be allocated on any Distribution Date to the Class AF Certificates. If Realized Losses are on a Class PO Mortgage Loan, such Realized Losses will be allocated to the Class PO Certificates in an amount equal to the Class PO Percentage of the Realized Losses and the remainder of the Realized Losses will be allocated on any Distribution Date to the Class AF. With respect to the Mortgage Loans in any Loan Group I, Loan Group II, Loan Group III or Loan Group IV, Excess Losses will be allocated on any Distribution Date among all the related Classes of Regular Certificates on a PRO RATA basis. With respect to the Group V Mortgage Loans, Excess Losses on a Class IO Mortgage Loan will be allocated on any Distribution Date by allocating the related Group V Senior Percentage of the Excess Loss to the Class AF Certificates and the Group V Subordinate Percentage of the Excess Loss to the Group V Subordinate Certificates. With respect to the Group V Mortgage Loans, Excess Losses on a Class PO Mortgage Loan will be allocated to the Class PO Certificates in an amount equal to the related Class PO Percentage of the Excess Losses and the remainder of the Excess Losses will be allocated on any Distribution Date to the Group V Senior Certificates by allocating the related Group V Senior Percentage of the Excess Loss to the related Group V Senior Certificates and the Group V Subordinate Percentage of the Excess Loss to the Group V Subordinate Certificates. Extraordinary Trust Fund Expenses relating to Loan Group I, Loan Group II, Loan Group III and Loan Group IV shall be allocated by the Trustee on each Distribution Date as follows: first, to the Class BV-6 Certificates; second, to the Class BV-5 Certificates; third, to the Class BV-4 Certificates; fourth, to the Class BV-3 Certificates; fifth, to the Class BV-2 Certificates; and sixth, to the Class BV-1 Certificates, in each case until the Certificate Principal Balance thereof has been reduced to zero. Thereafter, upon the reduction of the Certificate Principal Balances of the Group 107 Extraordinary Trust Fund Expenses relating to Loan Group I will be allocated on any Distribution Date as follows: first, to the Class BF-6 Certificates; second, to the Class BF-5 Certificates; third, to the Class BF-4 Certificates; fourth, to the Class BF-3 Certificates; fifth, to the Class BF-2 Certificates; and sixth, to the Class BF-1 Certificates, in each case until the Certificate Principal Balance of the related Class has been reduced to zero. Thereafter, the Extraordinary Trust Fund Expenses will be allocated on any Distribution Date among the Group V Senior Certificates on a PRO RATA basis. As used herein, an allocation of a Realized Loss or Extraordinary Trust Fund Expense on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so allocated after specified, to each such Class of Certificates on the actual basis of their then outstanding Certificate Principal Balances prior to giving effect to distributions to be made on such date as provided aboveDistribution Date. All references above Realized Losses and all other losses allocated to a Class of Certificates hereunder will be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced thereby.
(c) Notwithstanding anything to the contrary herein, in no event shall the Certificate Principal Balance of a Class A Certificate be reduced more than once in respect of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated particular amount both (i) allocable to such Class of Certificates, on such Distribution Date. Any allocation Certificate in respect of Realized Losses to a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated and any allocation of Realized Losses to a Class CE Certificates shall be made by reducing the amount otherwise payable in respect thereof or Extraordinary Trust Fund Expenses pursuant to Section 4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A Certificates or the Class P Certificates.
4.04 and (cii) All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up Holder of such Certificate pursuant to an aggregate amount equal 105 to the REMIC I Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances Section 4.01(a) as a portion of the REMIC I Regular Interest I-LTAA and REMIC I Regular Interest I-LTZZ up to an aggregate amount equal to the REMIC I Senior Principal Loss Allocation Distribution Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM11 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM10 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
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Samples: Pooling and Servicing Agreement (Salomon Mortgage Loan Trust Series 2003-Nbc1)