Common use of Allocation of Extraordinary Trust Fund Expenses and Realized Losses Clause in Contracts

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 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 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 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 Mortgage Loans (other than Excess Losses) shall be allocated by the Trust Administrator on each 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 thereof has been reduced to zero. Thereafter, upon the reduction of the Certificate Principal Balances of the 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 A-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan and to the Class A-2 Certificates, if the Realized Loss is on a Group II 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 A-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan and to the Class A-2 Certificates, if the Realized Loss is on a Group II Mortgage Loan. With respect to the Group I Mortgage Loans, Excess Losses on a Class IO Mortgage Loan will be allocated on any Distribution Date by allocating the Group I Senior Percentage of the Excess Loss to the Class A-1 Certificates and the Group I Subordinate Percentage of the Excess Loss to the Subordinate Certificates. With respect to the Group II Mortgage Loans, Excess Losses on a Class IO Mortgage Loan will be allocated on any Distribution Date by allocating the Group II Senior Percentage of the Excess Loss to the Class A-2 Certificates and the Group II Subordinate Percentage of the Excess Loss to the 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 Class A-1 Certificates or the Class A-2 Certificates by allocating the Group I Senior Percentage or the Group II Senior Percentage, as applicable, of the Excess Loss to the Class A-1 Certificates or the Class A-2 Certificates and the Group I Subordinate Percentage or the Group II Subordinate Percentage, as applicable, of the Excess Loss to the Subordinate Certificates. Extraordinary Trust Fund Expenses shall be allocated by the Trust Administrator on each 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 thereof has been reduced to zero. 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 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. (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 particular amount both (i) allocable to such Certificate in respect of Realized Losses or Extraordinary Trust Fund Expenses pursuant to Section 4.04 and (ii) payable to the Holder of such Certificate pursuant to Section 4.01(a) as a portion of the Senior Principal Distribution Amount.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Salomon Mortgage Loan Trust Ser 2002-Ust1 Mort Pass-THR Cert)

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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 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 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 Determination 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 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 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 Mortgage Loans (other than Excess Losses) in Sub-Pool 1 shall be allocated by the Trust Administrator Trustee on each Distribution Date as follows: first, to the Class B-6 CertificatesComponent B-6PO-1; second, to the Class B-5 CertificatesComponent B-6PO-2; third, to the Class B-4 CertificatesComponent B-5-1; fourth, to the Class B-3 CertificatesComponent B-5-2; fifth, to the Class B-2 CertificatesComponent B-4-1; and sixth, to the Class B-1 CertificatesComponent B-4-2; seventh, to Component B-3-1; eighth, to Component B-3-2; ninth, to Component B-2-1; tenth, to Component B-2-2; eleventh, to Component B-1-1; and twelfth, to Component B-1-2, in each case until the Certificate Principal Component Balance thereof has been reduced to zero. All Realized Losses on the Mortgage Loans (other than Excess Losses) in Sub-Pool 2 shall be allocated by the Trustee on each Distribution Date as follows: first, to Component B-6PO-2; second, to Component B-6PO-1; third, to Component B-5-2; fourth, to Component B-5-1; fifth, to Component B-4-2; sixth, to Component B-4-1; seventh, to Component B-3-2; eighth, to Component B-3-1; ninth, to Component B-2-2; tenth, to Component B-2-1; eleventh, to Component B-1-2; and twelfth, to Component B-1-1, in each case until the Component Balance thereof has been reduced to zero. Thereafter, upon the reduction of the Certificate Principal Balances of the Subordinate Certificates to zero, if all Realized Losses are on a shall be allocated among the Senior Certificates as follows: the related Class IO Mortgage Loan, PO Percentage of such Realized Losses will be allocated on any Distribution Date to the Class A-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan and to the Class A-2 Certificates, if the Realized Loss is on a Group II Mortgage Loan. If Realized Losses are on a Class PO Mortgage Loan, such Realized Losses will shall be allocated to the Class PO Certificates in an amount equal to and the related Non-Class PO Percentage of the such Realized Losses and shall be allocated to the remainder of related Class A Certificates in the related Sub-Pool; provided, however, that all such Realized Losses will be allocated on any Distribution Date otherwise allocable to the Class A-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan and to the Class A-2 Certificates, if the Realized Loss is on a Group II Mortgage Loan. With respect to the Group I Mortgage Loans, Excess Losses on a Class IO Mortgage Loan will be allocated on any Distribution Date by allocating the Group I Super Senior Percentage of the Excess Loss to the Class A-1 Certificates and the Group I Subordinate Percentage of the Excess Loss to the Subordinate Certificates. With respect to the Group II Mortgage Loans, Excess Losses on a Class IO Mortgage Loan will be allocated on any Distribution Date by allocating the Group II Senior Percentage of the Excess Loss to the Class A-2 Certificates and the Group II Subordinate Percentage of the Excess Loss to the 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 Senior Support Lockout Certificates in an amount equal until the Certificate Principal Balance of Senior Support Lockout Certificates is reduced 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 Class A-1 Certificates or the Class A-2 Certificates by allocating the Group I Senior Percentage or the Group II Senior Percentage, as applicable, of the Excess Loss to the Class A-1 Certificates or the Class A-2 Certificates and the Group I Subordinate Percentage or the Group II Subordinate Percentage, as applicable, of the Excess Loss to the Subordinate Certificateszero. Extraordinary Trust Fund Expenses shall be allocated by the Trust Administrator Trustee on each Distribution Date as follows: first, to the Class B-6 B-6PO 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 thereof has been reduced to zero. 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 Senior Certificates (other than the Class A Certificates IO Certificates) on a PRO RATA basis; provided, however, that all such Extraordinary Trust Fund Expenses otherwise allocable to the Super Senior Certificates will be allocated to the Senior Support Lockout Certificates until the Certificate Principal Balance of Senior Support Lockout Certificates is reduced to zero. Any Excess Losses attributable to any Mortgage Loan shall be allocated among all the Certificates (other than the Class IO Certificates) as follows: the related Class PO Percentage of such Realized Losses shall be allocated to the Class PO Certificates and the related Non-Class PO Percentage of such Realized Losses in a Sub-Pool shall be allocated among the related Class A Certificates and the related Components on a PRO RATA basis. Any allocation of a Realized Loss to a Certificate or Component will be made by reducing the Certificate Principal Balance or Component Balance thereof by the amount so allocated 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 or Extraordinary Trust Fund Expense on a "PRO RATA basis" among two or more specified Classes of Certificates or Components means an allocation on a PRO RATA basis, among the various Classes or Component so specified, to each such Class of Certificates or Component on the basis of their then outstanding Certificate Principal Balances or Component Balances, as applicable, 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. (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 particular amount both (i) allocable to such Certificate in respect of Realized Losses or Extraordinary Trust Fund Expenses pursuant to Section 4.04 and (ii) payable to the Holder of such Certificate pursuant to Section 4.01(a) as a portion of the Senior related Class A Principal Distribution Amount.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Salomon Brothers MRT Sec Vii Inc MRT Ps THR Cert 1999-2)

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 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 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 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 Mortgage Loans (other than Excess Losses) shall be allocated by the Trust Administrator on each 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 thereof has been reduced to zero. Thereafter, upon the reduction of the Certificate Principal Balances of the Subordinate Certificates to zero, if Realized Losses are on a Class IO Mortgage Loan, 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 and Loan, to the Class A-2 Certificates, if the Realized Loss is on a Group II Mortgage Loan and to the Class A-3 Certificates, if the Realized Loss is on a Group III Mortgage Loan. If Realized Losses are on a Class PO Mortgage Loan, such Realized Losses will be allocated first, to any amounts on deposit in the Excess Diverted Interest Reserve Account, second, to the Class PO PO-1 Certificates if the Realized Loss is on a Group I Mortgage Loan, to the Class PO-2 Certificates, if the Realized Loss is on a Group II Mortgage Loan and third, to the Class PO-3 Certificates, if the Realized Loss is on a Group III Mortgage Loan, in each case, in an amount equal to the related Class PO Percentage of the Realized Losses and third, the remainder of the Realized Losses will be allocated on any Distribution Date to the Class A-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan and Loan, to the Class A-2 Certificates, if the Realized Loss is on a Group II Mortgage Loan and to the Class A-3 Certificates, if the Realized Loss is on a Group III Mortgage Loan, in each case, to the extent not covered by the Subordinate Certificates. With respect If a Realized Loss is allocated to the Excess Diverted Interest Reserve Account, the Trust Administrator shall pay the Group I Mortgage LoansExcess Diverted Interest Reserve Deposit, the Group II Excess Diverted Interest Reserve Deposit or the Group III Excess Diverted Interest Reserve Deposit, as applicable, to the Available Distribution Amount to which the Realized Loss relates. Excess Losses on a Class IO Mortgage Loan will shall be allocated on any Distribution Date by allocating the Group I related Senior Percentage of the Excess Loss to the Class A-1 Certificates 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 and to the Class A-3 Certificates, if the Realized Loss is on a Group III Mortgage Loan, and the Group I Subordinate Percentage, the Group II Subordinate Percentage or the Group III Subordinate Percentage, as applicable, of the Excess Loss to the Subordinate Certificates. With respect to the Group II Mortgage Loans, Excess Losses on a Class IO Mortgage Loan will be allocated on any Distribution Date by allocating the Group II Senior Percentage of the Excess Loss to the Class A-2 Certificates and the Group II Subordinate Percentage of the Excess Loss to the 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 PO-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan, to the Class PO-2 Certificates, if the Realized Loss is on a Group II Mortgage Loan and to the Class PO-3 Certificates, if the Realized Loss is on a Group III Mortgage Loan, 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 Class A-1 Certificates or the Class A-2 A Certificates by allocating the Group I related Senior Percentage or the Group II Senior Percentage, as applicable, of the Excess Loss to the Class A-1 Certificates or Certificates, if the Realized Loss is on a Group I Mortgage Loan, to the Class A-2 Certificates Certificates, if the Realized Loss is on a Group II Mortgage Loan and to the Class A-3 Certificates, if the Realized Loss is on a Group III Mortgage Loan, and the Group I Subordinate Percentage, the Group II Subordinate Percentage or the Group II III Subordinate Percentage, as applicable, of the Excess Loss to the Subordinate Certificates. Extraordinary Trust Fund Expenses shall be allocated by the Trust Administrator on each 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 thereof of the related Class has been reduced to zero. Thereafter, upon the reduction of the Certificate Principal Balances of the Subordinate Certificates to zero, such Extraordinary Trust Fund Expenses shall will be allocated on any Distribution Date among the Group I Senior Certificates (other than the Class A IO-1 Certificates), the Group II Senior Certificates (other than the Class IO-2 Certificates) or the Group III Senior Certificates (other than the Class IO-3 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 specified, to each such Class of 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. (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 particular amount both (i) allocable to such Certificate in respect of Realized Losses or Extraordinary Trust Fund Expenses pursuant to Section 4.04 and (ii) payable to the Holder of such Certificate pursuant to Section 4.01(a) as a portion of the Senior Principal Distribution Amount.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Series 2003 Ust-1)

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 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 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 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 Mortgage Loans (other than Excess Losses) shall be allocated by the Trust Administrator on each 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 thereof has been reduced to zero. Thereafter, upon the reduction of the Certificate Principal Balances of the Subordinate Certificates to zero, if all Realized Losses are shall be allocated among the Senior Certificates on a Class IO PRO RATA basis. Any Excess Losses attributable to any Mortgage Loan, Loan shall be allocated among all the Certificates on a PRO RATA basis. Any allocation of a Realized Loss to a Certificate will be made by reducing the Certificate Principal Balance thereof by the amount so allocated as of the Distribution Date in the month following the calendar month in which such Realized Losses will be allocated on any Distribution Date to the Class A-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan and to the Class A-2 Certificates, if the Realized Loss is on a Group II Mortgage Loanwas incurred. 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 A-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan and to the Class A-2 Certificates, if the Realized Loss is on a Group II Mortgage Loan. With respect to the Group I Mortgage Loans, Excess Losses on a Class IO Mortgage Loan will be allocated on any Distribution Date by allocating the Group I Senior Percentage of the Excess Loss to the Class A-1 Certificates and the Group I Subordinate Percentage of the Excess Loss to the Subordinate Certificates. With respect to the Group II Mortgage Loans, Excess Losses on a Class IO Mortgage Loan will be allocated on any Distribution Date by allocating the Group II Senior Percentage of the Excess Loss to the Class A-2 Certificates and the Group II Subordinate Percentage of the Excess Loss to the 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 Class A-1 Certificates or the Class A-2 Certificates by allocating the Group I Senior Percentage or the Group II Senior Percentage, as applicable, of the Excess Loss to the Class A-1 Certificates or the Class A-2 Certificates and the Group I Subordinate Percentage or the Group II Subordinate Percentage, as applicable, of the Excess Loss to the Subordinate Certificates. 77 Extraordinary Trust Fund Expenses shall be allocated by the Trust Administrator on each 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 thereof has been reduced to zero. 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 Senior Certificates on a PRO RATA basis. Notwithstanding the method of allocation of Realized Losses and Extraordinary Trust 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 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. (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 particular amount both (i) allocable to such Certificate in respect of Realized Losses or Extraordinary Trust Fund Expenses pursuant to Section 4.04 and (ii) payable to the Holder of such Certificate pursuant to Section 4.01(a) as a portion of the Senior Principal Distribution Amount.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Salomon Bros Mort Sec Vii Inc Salo Mort Ln Tr Ser 2001-Cpb1)

Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Master Servicer shall determine determine, based on information provided to it by the Servicer, 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 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, based on information provided to it by the Servicer: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 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 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 Mortgage Loans (other than Excess Losses) shall be allocated by the Trust Administrator on each 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 thereof has been reduced to zero. Thereafter, upon the reduction of the Certificate Principal Balances of the 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 A-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan and to the Class A-2 Certificates, if the Realized Loss is on a Group II 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 A-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan and to the Class A-2 Certificates, if the Realized Loss is on a Group II Mortgage Loan. With respect to the Group I Mortgage Loans, Excess Losses on a Class IO Mortgage Loan will be allocated on any Distribution Date by allocating the Group I Senior Percentage of the Excess Loss to the Class A-1 Certificates and the Group I Subordinate Percentage of the Excess Loss to the Subordinate Certificates. With respect to the Group II Mortgage Loans, Excess Losses on a Class IO Mortgage Loan will be allocated on any Distribution Date by allocating the Group II Senior Percentage of the Excess Loss to the Class A-2 Certificates and the Group II Subordinate Percentage of the Excess Loss to the 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 Class A-1 Certificates or the Class A-2 Certificates by allocating the Group I Senior Percentage or the Group II Senior Percentage, as applicable, of the Excess Loss to the Class A-1 Certificates or the Class A-2 Certificates and the Group I Subordinate Percentage or the Group II Subordinate Percentage, as applicable, of the Excess Loss to the Subordinate Certificates. Extraordinary Trust Fund Expenses shall be allocated by the Trust Administrator on each 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 thereof has been reduced to zero. Thereafter, upon the reduction of the Certificate Principal Balances of the Subordinate Certificates to zero, such Realized Losses shall be allocated on any Distribution Date to the Class A Certificates, until the Certificate Principal Balance thereof has been reduced to zero. Excess Losses shall be allocated by the Trust Administrator on any Distribution Date among all the Classes of Regular Certificates on a PRO RATA basis based on the Certificate Principal Balance of each such Class. Extraordinary Trust Fund Expenses shall be allocated among 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, upon the reduction of the Certificate Principal Balances of the Subordinate Certificates to zero, such Extraordinary Trust Fund Expenses shall be allocated on any Distribution Date to the Class A Certificates on a PRO RATA basisCertificates, until the Certificate Principal Balance thereof has been reduced to zero. 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 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. (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 particular amount both (i) allocable to such Certificate in respect of Realized Losses or Extraordinary Trust Fund Expenses pursuant to Section 4.04 and (ii) payable to the Holder of such Certificate pursuant to Section 4.01(a) as a portion of the related Senior Principal Distribution Amount.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Salomon Brots Mort Sec Vii Inc Citigroup Mort Ln Tr 03 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 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 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 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 Mortgage Loans (other than Excess Losses) shall be allocated by the Trust Administrator Trustee on each 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 thereof has been reduced to zero. Thereafter, upon the reduction of the Certificate Principal Balances of the Subordinate Certificates to zero, if Realized Losses are on a Class IO Mortgage Loan, 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 and Loan, to the Class A-2 Certificates, if the Realized Loss is on a Group II Mortgage Loan and to the Class A-3 Certificates, if the Realized Loss is on a Group III Mortgage Loan, in each case, to the extent not covered by the Subordinate Certificates. If Realized Losses are on a Class PO Mortgage Loan, such Realized Losses will be allocated first, to any amounts on deposit in the Excess Diverted Interest Reserve Account, second, to the Class PO Certificates PO-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan, to the Class PO-2 Certificates, if the Realized Loss is on a Group II Mortgage Loan and third, to the Class PO-3 Certificates, if the Realized Loss is on a Group III Mortgage Loan, in each case, in an amount equal to the related Class PO Percentage of the Realized Losses and third, the remainder of the Realized Losses will be allocated on any Distribution Date to the Class A-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan and Loan, to the Class A-2 Certificates, if the Realized Loss is on a Group II Mortgage Loan and to the Class A-3 Certificates, if the Realized Loss is on a Group III Mortgage Loan, in each case, to the extent not covered by the Subordinate Certificates. With respect If a Realized Loss is allocated to the Excess Diverted Interest Reserve Account, the Trustee shall pay the Group I Mortgage LoansExcess Diverted Interest Reserve Deposit, the Group II Excess Diverted Interest Reserve Deposit or the Group III Excess Diverted Interest Reserve Deposit, as applicable, to the Available Distribution Amount to which the Realized Loss relates. Excess Losses on a Class IO Mortgage Loan will shall be allocated on any Distribution Date by allocating the Group I related Senior Percentage of the Excess Loss to the Class A-1 Certificates 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 and to the Class A-3 Certificates, if the Realized Loss is on a Group III Mortgage Loan, and the Group I Subordinate Percentage, the Group II Subordinate Percentage or the Group III Subordinate Percentage, as applicable, of the Excess Loss to the Subordinate Certificates. With respect to the Group II Mortgage Loans, Excess Losses on a Class IO Mortgage Loan will be allocated on any Distribution Date by allocating the Group II Senior Percentage of the Excess Loss to the Class A-2 Certificates and the Group II Subordinate Percentage of the Excess Loss to the 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 PO-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan, to the Class PO-2 Certificates, if the Realized Loss is on a Group II Mortgage Loan and to the Class PO-3 Certificates, if the Realized Loss is on a Group III Mortgage Loan, 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 Class A-1 Certificates or the Class A-2 A Certificates by allocating the Group I related Senior Percentage or the Group II Senior Percentage, as applicable, of the Excess Loss to the Class A-1 Certificates or Certificates, if the Realized Loss is on a Group I Mortgage Loan, to the Class A-2 Certificates Certificates, if the Realized Loss is on a Group II Mortgage Loan and to the Class A-3 Certificates, if the Realized Loss is on a Group III Mortgage Loan, and the Group I Subordinate Percentage, the Group II Subordinate Percentage or the Group II III Subordinate Percentage, as applicable, of the Excess Loss to the Subordinate Certificates. Extraordinary Trust Fund Expenses shall be allocated by the Trust Administrator on each 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 thereof of the related Class has been reduced to zero. Thereafter, upon the reduction of the Certificate Principal Balances of the Subordinate Certificates to zero, such Extraordinary Trust Fund Expenses shall will be allocated on any Distribution Date among the Group I Senior Certificates (other than the Class A IO-1 Certificates), the Group II Senior Certificates (other than the Class IO-2 Certificates) or the Group III Senior Certificates (other than the Class IO-3 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 specified, to each such Class of 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. (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 particular amount both (i) allocable to such Certificate in respect of Realized Losses or Extraordinary Trust Fund Expenses pursuant to Section 4.04 and (ii) payable to the Holder of such Certificate pursuant to Section 4.01(a) as a portion of the related Senior Principal Distribution Amount.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgag Loan Trust Series 2003-Up3)

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 Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations Determination made during the related Prepayment Period; (ii) whether and to the extent to which such Realized Losses constituted constitued Fraud Losses or Special Hazard Losses; and (iii) the respective portions portion 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 Loan: (Ai) the total amount of Realized Losses, if any, incurred in connection with any Deficient Valuations Valuation made during the related Prepayment Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with any Debt Service Reductions Reduction in respect of Monthly Payments scheduled 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 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 on the Mortgage Loans (other than Excess Losses) and all Extraordinary Trust Fund Expenses shall be allocated by the Trust Administrator on each 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 case, until the Certificate Principal Balance thereof has been reduced to zero. Thereafter, upon the reduction of the Certificate Principal Balances Balance of the 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 A-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan and to the Class A-2 Certificates, if the Realized Loss is on a Group II 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 all Realized Losses and the remainder of the Realized Losses will be allocated on any Distribution Date to the Class A-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan and to the Class A-2 Certificates, if the Realized Loss is on a Group II Mortgage Loan. With respect to the Group I Mortgage Loans, Excess Losses on a Class IO Mortgage Loan will be allocated on any Distribution Date by allocating the Group I Senior Percentage of the Excess Loss to the Class A-1 Certificates and the Group I Subordinate Percentage of the Excess Loss to the Subordinate Certificates. With respect to the Group II Mortgage Loans, Excess Losses on a Class IO Mortgage Loan will be allocated on any Distribution Date by allocating the Group II Senior Percentage of the Excess Loss to the Class A-2 Certificates and the Group II Subordinate Percentage of the Excess Loss to the 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 Class A-1 Certificates or the Class A-2 Certificates by allocating the Group I Senior Percentage or the Group II Senior Percentage, as applicable, of the Excess Loss to the Class A-1 Certificates or the Class A-2 Certificates and the Group I Subordinate Percentage or the Group II Subordinate Percentage, as applicable, of the Excess Loss to the Subordinate Certificates. Extraordinary Trust Fund Expenses shall be allocated by to the Trust Administrator on each Distribution Date as follows: firstrelated Class A Certificates and, with respect to Sub-Pool 2, 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 thereof has been reduced to zero. 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 PO Certificates on a PRO RATA basis. To the extent of a Prepayment Diversion Event, Realized Losses allocated to the Class B-6 Certificates shall be allocated to the Class B-6 Certificate's entitlement in Sub-Pool 2. Any Excess Losses attributable to any Mortgage Loan shall be allocated among all the Certificates (other than the Class XS Certificates) on a PRO RATA basis including in the event of a Cross- Collateralization Event, to the extent of the Class A-2 Cross-Collateralization Entitlement Amount and Class PO Cross-Collateralization Entitlement Amount and in the event of any Prepayment Diversion Event, to the extent of the Class B-6 Certificates' entitlement to principal in Sub-Pool 2. Any allocation of a Realized Loss to a Certificate will be made by reducing the Class Certificate Balance thereof by the amount so allocated 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 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 Class Certificate Principal Balances and after a Cross-Collateralization Event, the Class A-2 Cross- Collateralization Entitlement Amount and Class PO Cross-Collateralization Entitlement Amount and after a Prepayment Diversion Event, to the extent of the Class B-6 Certificates' entitlement to principal in Sub-Pool 2 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. (c) Notwithstanding anything On each Distribution Date, prior to the contrary herein, in no event shall the Certificate Principal Balance of a Class A Certificate distributions deemed to be reduced more than once made in respect of the REMIC I Regular Interests on such date pursuant to Section 4.01(g), the Trustee shall, with respect to any particular amount both (i) allocable to such Certificate in respect of Realized Losses or Extraordinary Trust Fund Expenses pursuant allocated to Section 4.04 and (ii) payable any Class of Certificates, allocate such Realized Losses or Extraordinary Trust Fund Expenses to the Holder REMIC I Regular Interest bearing the same alphanumeric designation as such Class by reducing the Uncertificated Balance of such Certificate pursuant REMIC I Regular Interest. All such reductions shall be deemed to Section 4.01(a) as a portion be an allocation of the Senior Principal Distribution AmountRealized Losses and Extraordinary Trust Fund Expenses.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Salomon Bros Mort Sec Vii Inc Mort Pa THR Cert Ser 1998-Wfc1)

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 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 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 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 Mortgage Loans (other than Excess Losses) shall be allocated by the Trust Administrator on each 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 thereof has been reduced to zero. Thereafter, upon the reduction of the Certificate Principal Balances of the Subordinate Certificates to zero, if all Realized Losses are on a shall be allocated among the Senior Certificates as follows: the related Class IO Mortgage Loan, PO Percentage of such Realized Losses will be allocated on any Distribution Date to the Class A-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan and to the Class A-2 Certificates, if the Realized Loss is on a Group II Mortgage Loan. If Realized Losses are on a Class PO Mortgage Loan, such Realized Losses will shall be allocated to the Class PO Certificates in an amount equal to and the related Non-Class PO Percentage of the such Realized Losses and the remainder of the Realized Losses will shall be allocated on any Distribution Date to the Class A-1 Certificates, if the Realized Loss is on a Group I . Any Excess Losses attributable to any Mortgage Loan and to the Class A-2 Certificates, if the Realized Loss is on a Group II Mortgage Loan. With respect to the Group I Mortgage Loans, Excess Losses on a Class IO Mortgage Loan will shall be allocated on any Distribution Date by allocating among all the Group I Senior Percentage of the Excess Loss to the Class A-1 Certificates and the Group I Subordinate Percentage of the Excess Loss to the Subordinate Certificates. With respect to the Group II Mortgage Loans, Excess Losses on a Class IO Mortgage Loan will be allocated on any Distribution Date by allocating the Group II Senior Percentage of the Excess Loss to (other than the Class A-2 Certificates and the Group II Subordinate Class IO Certificates) as follows: the related Class PO Percentage of the Excess Loss to the Subordinate Certificates. With respect to the Group I Mortgage Loans, Excess such Realized Losses on a Class PO Mortgage Loan will shall be allocated to the Class PO Certificates in an amount equal to and the related Non-Class PO Percentage of the Excess such Realized Losses and the remainder of the Excess Losses will shall be allocated on any Distribution Date to among the Class A-1 Certificates or and Subordinate Certificates on a PRO RATA basis. Any allocation of a Realized Loss to a Certificate will be made by reducing the Class A-2 Certificates Certificate Principal Balance thereof by allocating the Group I Senior Percentage or the Group II Senior Percentage, amount so allocated as applicable, of the Excess Distribution Date in the month following the calendar month in which such Realized Loss to the Class A-1 Certificates or the Class A-2 Certificates and the Group I Subordinate Percentage or the Group II Subordinate Percentage, as applicable, of the Excess Loss to the Subordinate Certificateswas incurred. Extraordinary Trust Fund Expenses shall be allocated by the Trust Administrator on each 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 thereof has been reduced to zero. 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 Senior Certificates (other than the Class A A-2 Certificates and the Class IO Certificates) on a PRO RATA basis. Notwithstanding the method of allocation of Realized Losses and Extraordinary Trust 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 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. (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 particular amount both (i) allocable to such Certificate in respect of Realized Losses or Extraordinary Trust Fund Expenses pursuant to Section 4.04 and (ii) payable to the Holder of such Certificate pursuant to Section 4.01(a) as a portion of the Senior Principal Distribution Amount.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Salomon Brothers Mort Sec Vii Inc Mort Pas Th Ce Ser 2000-1)

Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Master Servicer shall determine determine, based on information provided to it by the Servicer, 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 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, based on information provided to it by the Servicer: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 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 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 Mortgage Loans (other than Excess Losses) shall be allocated by the Trust Administrator on each 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 thereof has been reduced to zero. Thereafter, upon the reduction of the Certificate Principal Balances of the Subordinate Certificates to zero, if Realized Losses are on a Class IO Mortgage Loan, 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 and Loan; to the Class A-2 Certificates, if the Realized Loss is on a Group II 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 A-1 A-3 Certificates, if the Realized Loss is on a Group I III Mortgage Loan Loan; and to the Class A-2 A-4 Certificates, if the Realized Loss is on a Group II IV Mortgage Loan. With respect If a Realized Loss is allocated to the Excess Diverted Interest Reserve Account, the Trust Administrator shall pay the Group I Mortgage LoansExcess Diverted Interest Reserve Deposit, Excess Losses on a Class IO Mortgage Loan will be allocated on any Distribution Date by allocating the Group I Senior Percentage of the Excess Loss to the Class A-1 Certificates and the Group I Subordinate Percentage of the Excess Loss to the Subordinate Certificates. With respect to the Group II Mortgage LoansExcess Diverted Interest Reserve Deposit, Excess Losses on a Class IO Mortgage Loan will be allocated on any Distribution Date by allocating the Group II Senior Percentage of the III Excess Loss to the Class A-2 Certificates and the Group II Subordinate Percentage of the Excess Loss to the 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 Class A-1 Certificates or the Class A-2 Certificates by allocating the Group I Senior Percentage Diverted Interest Reserve Deposit or the Group II Senior Percentage, as applicable, of the Excess Loss to the Class A-1 Certificates or the Class A-2 Certificates and the Group I Subordinate Percentage or the Group II Subordinate Percentage, as applicable, of the Excess Loss to the Subordinate Certificates. Extraordinary Trust Fund Expenses shall be allocated by the Trust Administrator on each 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 thereof has been reduced to zero. 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 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. (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 particular amount both (i) allocable to such Certificate in respect of Realized Losses or Extraordinary Trust Fund Expenses pursuant to Section 4.04 and (ii) payable to the Holder of such Certificate pursuant to Section 4.01(a) as a portion of the Senior Principal Distribution Amount.IV

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Series 2004-Hyb2)

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 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 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 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 Mortgage Loans (other than Excess Losses) shall be allocated by the Trust Administrator on each 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 thereof has been reduced to zero. Thereafter, upon the reduction of the Certificate Principal Balances of the Subordinate Certificates to zero, if Realized Losses are on a Class IO Mortgage Loan, 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 and Loan, to the Class A-2 Certificates, if the Realized Loss is on a Group II 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 A-1 A-3 Certificates, if the Realized Loss is on a Group I III Mortgage Loan, to the Class A-4 Certificates, if the Realized Loss is on a Group IV Mortgage Loan, to the Class A-5 Certificates, if the Realized Loss is on a Group V Mortgage Loan and to the Class A-2 A-6 Certificates, if the Realized Loss is on a Group VI 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, the Group IV Excess Diverted Interest Reserve Deposit, the Group V Excess Diverted Interest Reserve Deposit or the Group VI 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 (i) 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. With respect to the Group I Mortgage Loans), Excess Losses on a Class IO Mortgage Loan will be allocated on any Distribution Date by allocating the Group I Senior Percentage of the Excess Loss to the Class A-1 A-3 Certificates (if the Realized Loss is on a Group III Mortgage Loan), to the Class A-4 Certificates (if the Realized Loss is on a Group IV Mortgage Loan), to the Class A-5 Certificates (if the Realized Loss is on a Group V Mortgage Loan) and to the Class A-6 Certificates (if the Realized Loss is on a Group VI Mortgage Loan) and (ii) and the Group I Subordinate Percentage of the Excess Loss to the Subordinate Certificates. With respect to the Group II Mortgage LoansPercentage, Excess Losses on a Class IO Mortgage Loan will be allocated on any Distribution Date by allocating the Group II Senior Percentage of the Excess Loss to the Class A-2 Certificates and the Group II Subordinate Percentage of the Excess Loss to the Subordinate Certificates. With respect to Percentage, the Group I Mortgage LoansIII Subordinate Percentage, 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 Class A-1 Certificates or the Class A-2 Certificates by allocating the Group I Senior Percentage or IV Subordinate Percentage, the Group II Senior Percentage, as applicable, of the Excess Loss to the Class A-1 Certificates or the Class A-2 Certificates and the Group I V Subordinate Percentage or the Group II VI Subordinate Percentage, as applicable, of the Excess Loss to the Subordinate Certificates. Extraordinary Trust Fund Expenses shall be allocated by the Trust Administrator on each 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 thereof of the related Class has been reduced to zero. Thereafter, upon the reduction of the Certificate Principal Balances of the Subordinate Certificates to zero, such Extraordinary Trust Fund Expenses shall will be allocated on any Distribution Date among the Class A A-1 Certificates, the Class A-2 Certificates, the Class A-3 Certificates, the Class A-4 Certificates, the Class A-5 Certificates or the Class A-6 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 specified, to each such Class of 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 -103- 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 particular amount both (i) allocable to such Certificate in respect of Realized Losses or Extraordinary Trust Fund Expenses pursuant to Section 4.04 and (ii) payable to the Holder of such Certificate pursuant to Section 4.01(a) as a portion of the Senior Principal Distribution Amount.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc Series 2004-Ust1)

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Allocation of Extraordinary Trust Fund Expenses and Realized Losses. (a) Prior to each Distribution Date, the Master Servicer shall determine determine, based on information provided to it by the Servicer, 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 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, based on information provided to it by the Servicer: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 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 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 Mortgage Loans (other than Excess Losses) shall be allocated by the Trust Administrator on each 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 thereof has been reduced to zero and seventh, to the Class M-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 Subordinate Certificates to zero, if Realized Losses are on a Class IO Mortgage Loan, 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, Certificates (if the Realized Loss is on a Group I Mortgage Loan and Loan); to the Class A-2 Certificates, Certificates (if the Realized Loss is on a Group II Mortgage Loan) and to the Class A-3 Certificates (if the Realized Loss is on a Group III Mortgage Loan). If a Realized Losses are on a Class PO Mortgage Loan, such Realized Losses will be Loss is allocated to the Class PO Certificates in an amount equal 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 or the Group III Excess Diverted Interest Reserve Deposit, as applicable, to the Class PO Percentage of Available Distribution Amount to which the Realized Loss relates. Excess Losses and the remainder of the Realized Losses will shall be allocated on any Distribution Date by allocating (i) the related Senior Percentage of the Excess Loss to the Class A-1 Certificates, Certificates (if the Realized Loss is on a Group I Mortgage Loan and Loan); to the Class A-2 Certificates, Certificates (if the Realized Loss is on a Group II Mortgage Loan. With respect to the Group I Mortgage Loans, Excess Losses on a Class IO Mortgage Loan will be allocated on any Distribution Date by allocating the Group I Senior Percentage of the Excess Loss ); and to the Class A-1 A-3 Certificates (if the Realized Loss is on a Group III Mortgage Loan) and (ii) the Group I Subordinate Percentage of the Excess Loss to the Subordinate Certificates. With respect to the Group II Mortgage LoansPercentage, Excess Losses on a Class IO Mortgage Loan will be allocated on any Distribution Date by allocating the Group II Senior Percentage of the Excess Loss to the Class A-2 Certificates and the Group II Subordinate Percentage of the Excess Loss to the 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 Class A-1 Certificates or the Class A-2 Certificates by allocating the Group I Senior Percentage or the Group II Senior Percentage, as applicable, of the Excess Loss to the Class A-1 Certificates or the Class A-2 Certificates and the Group I Subordinate Percentage or the Group II III Subordinate Percentage, as applicable, of the Excess Loss to the Subordinate Certificates. Extraordinary Trust Fund Expenses shall be allocated by the Trust Administrator on each 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 and seventh, to the Class M-1 Certificates, in each case until the Certificate Principal Balance thereof of the related Class has been reduced to zero. Thereafter, upon the reduction of the Certificate Principal Balances of the Subordinate Certificates to zero, such Extraordinary Trust Fund Expenses shall will be allocated on any Distribution Date among the Class A A-1 Certificates, the Class A-2 Certificates and the Class A-3 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 specified, to each such Class of 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. (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 particular amount both (i) allocable to such Certificate in respect of Realized Losses or Extraordinary Trust Fund Expenses pursuant to Section 4.04 and (ii) payable to the Holder of such Certificate pursuant to Section 4.01(a) as a portion of the Senior Principal Distribution Amount.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc Series 2004-Hyb3)

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 Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations Determination made during the related Prepayment Period; and (ii) whether and the extent to which such Realized Losses constituted Fraud Losses or Special Hazard Losses; and (iii) the respective portions portion 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 Loan: (Ai) the total amount of Realized Losses, if any, incurred in connection with any Deficient Valuations Valuation made during the related Prepayment Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with any Debt Service Reductions Reduction in respect of Monthly Payments scheduled 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 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 on the Mortgage Loans (other than Excess Losses) and all Extraordinary Trust Fund Expenses shall be allocated by the Trust Administrator on each 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 case, until the Certificate Principal Balance thereof has been reduced to zero. Thereafter; and seventh, upon the reduction of the Certificate Principal Balances of the Subordinate Class B 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 A-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan and to the Class A-2 Certificates, if the Realized Loss is on a Group II 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 A-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan and to the Class A-2 Certificates, if the Realized Loss is on a Group II Mortgage Loan. With respect to the Group I Mortgage Loans, Excess Losses on a Class IO Mortgage Loan will be allocated on any Distribution Date by allocating the Group I Senior Percentage of the Excess Loss to the Class A-1 P&I Certificates and the Group I Subordinate Percentage of the Excess Loss to the Subordinate Certificates. With respect to the Group II Mortgage Loans, Excess Losses on a Class IO Mortgage Loan will be allocated on any Distribution Date by allocating the Group II Senior Percentage of the Excess Loss to the Class A-2 Certificates and the Group II Subordinate Percentage of the Excess Loss to the 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 Class A-1 Certificates or the Class A-2 Certificates by allocating the Group I Senior Percentage or the Group II Senior Percentage, as applicable, of the Excess Loss to the Class A-1 Certificates or the Class A-2 Certificates and the Group I Subordinate Percentage or the Group II Subordinate Percentage, as applicable, of the Excess Loss to the Subordinate Certificates. Extraordinary Trust Fund Expenses shall be allocated by the Trust Administrator on each 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 thereof has been reduced to zero. 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 A-WAC Certificates on a PRO RATA basis. Any such allocation of Realized Losses to a Class of Certificates on any Distribution Date shall be made by reducing the Class Certificate Balance thereof by the amount so allocated. 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 Class 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. (c) Notwithstanding anything On each Distribution Date, prior to the contrary herein, in no event shall the Certificate Principal Balance of a Class A Certificate distributions deemed to be reduced more than once made in respect of the REMIC II Regular Interests on such date pursuant to Section 4.01(g), the Trustee shall, with respect to any particular amount both (i) allocable to such Certificate in respect of Realized Losses or Extraordinary Trust Fund Expenses allocated to any Class of Certificates, allocate such Realized Losses or Extraordinary Trust Fund Expenses to the REMIC II Regular Interest bearing the same alphanumeric designation as such Class by reducing the Uncertificated Balance of such REMIC II Regular Interest. All such reductions shall be deemed to be an allocation of Realized Losses and Extraordinary Trust Fund Expenses. (d) On each Distribution Date, prior to the distributions deemed to be made in respect of the REMIC I Regular Interests on such date pursuant to Section 4.04 4.01(i), the Trustee shall (i) with respect to any Realized Losses or Extraordinary Trust Fund Expenses allocated to REMIC II Regular Interest A, allocate such Realized Losses or Extraordinary Trust Fund Expenses to REMIC I Regular Interest A by reducing the Uncertificated Balance of such REMIC I Regular Interest and (ii) payable with respect to any Realized Losses or Extraordinary Trust Fund Expenses allocated to any REMIC II Regular Interest other than REMIC II Regular Interest A, allocate such Realized Losses or Extraordinary Trust Fund Expenses to among the Holder of such Certificate pursuant to Section 4.01(aREMIC I Regular Interest (other than REMIC I Regular Interest A) as a portion by reducing the Uncertificated Balances of the Senior Principal Distribution AmountREMIC I Regular Interests on a PRO RATA basis. All such reductions shall be deemed to be an allocation of Realized Losses and Extraordinary Trust Fund Expenses.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Salomon Bros Mort Sec Vii Inc Mor Pa THR Cert Se 1997 Hud2)

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 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 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 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 in the same manner and in the same priority as such Realized Losses are applied to the Corresponding Certificates as set forth in (c) below. (c) All Realized Losses on the Mortgage Loans (other than Excess Losses) shall be allocated by the Trust Administrator Trustee on each 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 thereof has been reduced to zero. Thereafter, upon the reduction of the Certificate Principal Balances of the Subordinate Certificates to zero, if Realized Losses are on a Class IO Mortgage Loan, 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 and to the Group II Class A-2 CertificatesA Certificates (on a PRO RATA basis based on the Certificate Principal Balance of each such Class), if the Realized Loss is on a Group II Mortgage Loan. If Realized Losses are on a Class PO Mortgage Loan, such Realized Losses will be allocated first, to any amounts on deposit in the Excess Diverted Interest Reserve Account, second, to the Class PO Certificates PO-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan and to the Class PO-2 Certificates, if the Realized Loss is on a Group II Mortgage Loan, in each case, in an amount equal to the related Class PO Percentage of the Realized Losses and third, the remainder of the Realized Losses will be allocated on any Distribution Date to the Class A-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan and to the Group II Class A-2 CertificatesA Certificates (on a PRO RATA basis based on the Certificate Principal Balance of each such Class), if the Realized Loss is on a Group II Mortgage Loan. With respect If a Realized Loss is allocated to the Excess Diverted Interest Reserve Account, the Trustee shall pay the Group I Mortgage LoansExcess Diverted Interest Reserve Deposit or the Group II Excess Diverted Interest Reserve Deposit, as applicable, to the Available Distribution Amount to which the Realized Loss relates. Excess Losses on a Class IO Mortgage Loan will shall be allocated on any Distribution Date by allocating the Group I related Senior Percentage of the Excess Loss to the Class A-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan and to the Group II Class A Certificates (on a PRO RATA basis based on the Certificate Principal Balance of each such Class), if the Realized Loss is on a Group II Mortgage Loan, and the Group I Subordinate Percentage or the Group II Subordinate Percentage, as applicable, of the Excess Loss to the Subordinate Certificates. With respect to the Group II Mortgage Loans, Excess Losses on a Class IO Mortgage Loan will be allocated on any Distribution Date by allocating the Group II Senior Percentage of the Excess Loss to the Class A-2 Certificates and the Group II Subordinate Percentage of the Excess Loss to the 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 PO-1 Certificates, if the Realized Loss is on a Group II Mortgage Loan and to the Class PO-2 Certificates, if the Realized Loss is on a Group II Mortgage Loan, 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 Class A-1 Certificates or the Class A-2 A Certificates by allocating the Group I related Senior Percentage or the Group II Senior Percentage, as applicable, of the Excess Loss to the Class A-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan and to the Group II Class A Certificates or (on a PRO RATA basis based on the Class A-2 Certificates Certificate Principal Balance of each such Class), if the Realized Loss is on a Group II Mortgage Loan, and the Group I Subordinate Percentage or the Group II Subordinate Percentage, as applicable, of the Excess Loss to the Subordinate Certificates. Extraordinary Trust Fund Expenses shall be allocated by the Trust Administrator on each 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 thereof of the related Class has been reduced to zero. Thereafter, upon the reduction of the Certificate Principal Balances of the Subordinate Certificates to zero, such Extraordinary Trust Fund Expenses shall will be allocated on any Distribution Date among the Group I Senior Certificates (other than the Class A S-1 Certificates and the Class IO-1 Certificates) or the Group II Senior Certificates (other than the Class S-1 Certificates and the Class IO-2 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 specified, to each such Class of 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. (cd) 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 or Extraordinary Trust Fund Expenses pursuant to Section 4.04 and (ii) payable to the Holder of such Certificate pursuant to Section 4.01(a) as a portion of the related Senior Principal Distribution Amount.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Salomon Bro Mor Sec Vii Inc Citigroup Mor Ln Tr Ser 2003-Up2)

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 Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations Determination made during the related Prepayment Period; and (ii) whether and the extent to which such Realized Losses constituted Fraud Losses or Special Hazard Losses; and (iii) the respective portions portion of such Realized Losses allocable to interest and allocable to principalprincipal and Arrearage. Prior to each Distribution Determination Date, the Master Servicer shall also determine as to each Mortgage Loan: (Ai) the total amount of Realized Losses, if any, incurred in connection with any Deficient Valuations Valuation made during the related Prepayment Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with any Debt Service Reductions Reduction in respect of Monthly Payments scheduled 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 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 on the Mortgage Loans (other than Excess Losses) and all Extraordinary Trust Fund Expenses shall be allocated by the Trust Administrator on each Distribution Date as follows: firstfirst to the Net Monthly Excess Cashflow; second in reduction of the Overcollateralized Amount, third to the Class B-6 M-6 Certificates; second, fourth to the Class B-5 M-5 Certificates; third, fifth to the Class B-4 M-4 Certificates; fourth, sixth to the Class B-3 M-3 Certificates; fifth, seventh to the Class B-2 M-2 Certificates; and sixth, eighth to the Class B-1 M-1 Certificates, in each case case, until the Certificate Principal Balance thereof has been reduced to zero. ThereafterAll 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, upon 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 reduction Certificate Principal Balance thereof by the amount so allocated. No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the 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 A-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan and to the Class A-2 Certificates, if the Realized Loss is on a Group II 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 A-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan and to the Class A-2 Certificates, if the Realized Loss is on a Group II Mortgage Loan. With respect to the Group I Mortgage Loans, Excess Losses on a Class IO Mortgage Loan will be allocated on any Distribution Date by allocating the Group I Senior Percentage of the Excess Loss to the Class A-1 Certificates and the Group I Subordinate Percentage of the Excess Loss to the Subordinate Certificates. With respect to the Group II Mortgage Loans, Excess Losses on a Class IO Mortgage Loan will be allocated on any Distribution Date by allocating the Group II Senior Percentage of the Excess Loss to the Class A-2 Certificates and the Group II Subordinate Percentage of the Excess Loss to the 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 Class A-1 Certificates or the Class A-2 Certificates by allocating the Group I Senior Percentage or the Group II Senior Percentage, as applicable, of the Excess Loss to the Class A-1 Certificates or the Class A-2 Certificates and the Group I Subordinate Percentage or the Group II Subordinate Percentage, as applicable, of the Excess Loss to the Subordinate Certificates. Extraordinary Trust Fund Expenses shall be allocated by the Trust Administrator on each 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 thereof has been reduced to zero. 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 basis of their then outstanding Certificate Principal Balances prior to giving effect to distributions to be made on such Distribution DateCertificates. 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. (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 particular amount both (i) allocable to such Certificate in respect of Realized Losses or Extraordinary Trust Fund Expenses pursuant to Section 4.04 and (ii) payable to the Holder of such Certificate pursuant to Section 4.01(a) as a portion of the Senior Principal Distribution Amount.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Salomon Brothers Mor Sec Vii Inc Mor Pa THR Ce Se 2001-2)

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 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 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 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 Mortgage Loans (other than Excess Losses) shall be allocated by the Trust Administrator Trustee on each 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 thereof has been reduced to zero. Thereafter, upon the reduction of the Certificate Principal Balances of the Subordinate Certificates to zero, if all Realized Losses are on a shall be allocated among the Senior Certificates as follows: the related Class IO Mortgage Loan, PO Percentage of such Realized Losses will shall be allocated on any Distribution Date to the Class PO Certificates and the related Non-Class PO Percentage of such Realized Losses shall be allocated to the Class A-1 Certificates, if the such Realized Loss is on a Group I Mortgage Loan and to the Class A-2 Certificates, if the such Realized Loss is on a Group II Mortgage Loan. If Realized Any Excess Losses are on a attributable to any Mortgage Loan shall be allocated among all the Regular Certificates (other than the Class IO Certificates) as follows: the related Class PO Mortgage Loan, Percentage of such Realized Losses will shall be allocated to the Class PO Certificates in an amount equal to and the related Non-Class PO Percentage of the such Realized Losses and the remainder of the Realized Losses will shall be allocated on any Distribution Date to the Class A-1 Certificates, if the Realized Loss is on a Group I Mortgage Loan and to the Class A-2 Certificates, if the Realized Loss is on a Group II Mortgage Loan. With respect to the Group I Mortgage Loans, Excess Losses on a Class IO Mortgage Loan will be allocated on any Distribution Date by allocating the Group I related Senior Percentage of the Excess such Realized Loss to the Class A-1 related Senior Certificates and the related Group I Subordinate Percentage of the Excess such Realized Loss to the Subordinate Certificates. With respect Any allocation of a Realized Loss to the Group II Mortgage Loans, Excess Losses on a Class IO Mortgage Loan Certificate will be made by reducing the Certificate Principal Balance thereof by the amount so allocated on any as of the Distribution Date by allocating in the Group II Senior Percentage of month following the Excess calendar month in which such Realized Loss to the Class A-2 Certificates and the Group II Subordinate Percentage of the Excess Loss to the 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 Class A-1 Certificates or the Class A-2 Certificates by allocating the Group I Senior Percentage or the Group II Senior Percentage, as applicable, of the Excess Loss to the Class A-1 Certificates or the Class A-2 Certificates and the Group I Subordinate Percentage or the Group II Subordinate Percentage, as applicable, of the Excess Loss to the Subordinate Certificateswas incurred. Extraordinary Trust Fund Expenses shall be allocated by the Trust Administrator Trustee on each 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 thereof has been reduced to zero. 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 Senior Certificates (other than the Class A Certificates IO 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 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. (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 particular amount both (i) allocable to such Certificate in respect of Realized Losses or Extraordinary Trust Fund Expenses pursuant to Section 4.04 and (ii) payable to the Holder of such Certificate pursuant to Section 4.01(a) as a portion of the related Senior Principal Distribution Amount.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Union Planters Mort Pass THR Cert Ser 2000-Up1)

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